The reply worked.<br><br>
<div><span class="gmail_quote">On 4/24/06, <b class="gmail_sendername">Landorin (GPG 4096R/E9FD5518)</b> <<a href="mailto:Landorin@gmx.net">Landorin@gmx.net</a>> wrote:</span>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">Hello,<br><br>I just joined this mailing list and sadly the welcome mail did not<br>indicate how exactly I can respond to another posting, so hopefully I
<br>did it the right way now.<br><br>I'm studying laws right now (but don't believe I'm an expert now!) but I<br>can't give you a direct answer about §9.<br>The point is, paragraphs can be used/interpreted in different ways, thus
<br>it really depends on the arguments of a lawyer or judge. Additionally,<br>each judge may decide differently about a case. So if a judge from an<br>"Amtsgericht" (lowest German court) decides that you are responsible for
<br>the traffic going through your TOR server, the judge of a "Landgericht"<br>(next higher court instance) might say the opposite. It's not like in<br>the USA where (as far as I know) people can rely on a similar case which
<br>was judged by any court. The only exception is when a "Bundesgericht"<br>(and "BGH/BVerfG") decides on a case. That decision is valid for<br>everyone then (a court decision of a lower court is often followed by
<br>persons and companies, but it's not binding as well as it is not valid<br>for everyone; just the involved persons).<br><br>So what does that mean for German TOR users? Unless a "Bundesgericht"<br>decides on this specific question, the answer could be yes as well as
<br>no, it really depends on how the court decides. So in theory, you could<br>safely use TOR as well as you can't safely use it (since the judge might<br>claim you're responsible for the traffic and then you have to accept it
<br>or go to the next higher court and hope it decides differently). I guess<br>with a good lawyer one could go up the courts one by one until one gets<br>the decision one wants. ;)<br>My advice: in doubt, don't be an exit node and instead become a
<br>middleman node (add ExitPolicy reject *:* to your tor configuration).<br>That way your IP won't show up on a website or so if someone is browsing<br>through your node, so theoretically no one can tell the traffic from a
<br>person went through your node and can't hold you responsible.<br><br>Sincerely,<br>Landorin<br><br>--<br>Accelerate cancer research with your PC: <a href="http://www.chem.ox.ac.uk/curecancer.html">http://www.chem.ox.ac.uk/curecancer.html
</a><br><br>The sender of this mail supports mail encryption (GnuPG/GPG, OpenPGP compatible) and digital signature.<br><br></blockquote></div><br>