Re: [tor-talk] Tor Exit Operator convicted in Austrian lower court

[Martin Kepplinger <martink@xxxxxxxxx>]

Am 2014-07-02 17:56, schrieb s7r:
> On 7/2/2014 2:54 PM, MacLemon wrote:
>> Hey!
> 
>> On 02 Jul 2014, at 03:49, C B <cb736@xxxxxxxxx> wrote:
>>> in no way makes Montblac, Southworth, or Smith's Stationary the
>>> least bit responsible for the bank robbery. This ruling is a
>>> clear lack of understanding of how the Internet and Tor work.
> 
>> I totally agree. It contradicts Austrian legislation of the so
>> called “Provider's privilege” which states that the operator or
>> provider of a service is not liable for the data transmitted over
>> said service.
> 
>> Following that mis-ruling the Austrian Post Office would be liable
>> for the goods they deliver (as well as any other delivery service,
>> like packages, food, Amazon, or basically any ISP as well.)
> 
>> We'll see how that continues. Best regards MacLemon
> 
> 
> The subject of this attracted my attention. Are we talking here about
> a clear law, written black on white which states that it is illegal to
> run Tor relays (or any kind of telecommunications proxy servers) and
> that you are responsible for your user's actions, even if you provide
> those services free of charge, therefor not required to collect any
> data about your users? Is it actually a specific law which was
> enforced here clearly stating that you cannot run Tor or open proxy
> servers?
> 
no
> 
> Or are we talking about just one decision from a judge who probably
> didn't do a proper reading and analysis before applying this decision?
> Or maybe the person charged with this was actually doing something
> illegal? Anyone has more details?
yes
> 
> If so, shouldn't the EU legislation protect you against such an abuse?
> In some countries, quite a lot of them actually, there is even no
> definition in the law whatsoever for open proxy servers or
> telecommunications internet traffic. Internet is (from legal point of
> view, no technical - new invention. Tor is newer and science fiction
> for the vast majority of people). Does this mean in those countries
> you can run anything you want? Or not run anything because you to to
> jail for ANOTHER penal code, which makes vague reference about this too.
> 
> That is nonsense. Why not arrest the owners of a stainless steel blade
> factory, because some people stab other people with those blades.
> 
> 

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