On 7/4/2014 3:02 PM, no.thing_to-hide@xxxxxxxxxxxxxxx wrote:
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Hello Tor!
Running an internal relay in Graz since 7/2013, where William Weber's
appartment was raided in 2012, when some idiot misused his exit for
illegal stuff, I became interested in his case. But I know it only
from the newspapers.
The raid took place on Wed, 2012-11-28 (1). William did intensive
blogging afterwards (2)(3), the legal process started, and ended this
week Mon, 2014-06-30, with 3 y probation. I found a German article
which provides a good summary (4, Google Translate).
He was not convicted for operating an exit (!!), what is legal in
Austria. But, according to the opinion of the judges, for
"contribution to delinquency" ('Beitragstaeterschaft' in German):
"(...) that he answered in an interview to the question whether he was
aware that Tor could be used for distribution of child pornography,
responded at a conference: "I do not give a fuck.(...)"
"(...) that the prosecutor quoted from chat logs in which he for
anonymous hosting of everything, including child pornography,
recommended Tor (...)" (4)
- --> The proofs for such an attitude are not really helpful when
getting to court.
What do we take away from Weber's conviction? That it's illegal (or at least punishable) to speak your mind in Austria? Unless there's more to the story, I would think that judge believed he pulled a fast one, by "giving" Mr. Weber probation for something that's not against the law.
"Answered in an interview ... that he didn't give a ...?" Was that an interview with the Pope or something? There's no freedom of speech in Austria? Or is cursing during interviews a possible felony? If attitude or personal opinion were against the law, half the people in the world would be in jail.
I understand (completely) Mr. Weber's decision - right now - not to want to go through an appeal, but I'm concerned that after he's had some much needed rest & time to reflect, that he may regret accepting a guilty plea for something that apparently isn't against the law, even in Austria. But it is his decision.
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