Author: phobos Date: 2011-09-16 02:19:31 +0000 (Fri, 16 Sep 2011) New Revision: 25079 Modified: website/trunk/eff/en/tor-legal-faq.wml Log: replace our old 2005 vintage legal faq with the shiny 2011 legal faq. Modified: website/trunk/eff/en/tor-legal-faq.wml =================================================================== --- website/trunk/eff/en/tor-legal-faq.wml 2011-09-15 19:00:05 UTC (rev 25078) +++ website/trunk/eff/en/tor-legal-faq.wml 2011-09-16 02:19:31 UTC (rev 25079) @@ -7,176 +7,219 @@ <!-- PUT CONTENT AFTER THIS TAG --> -<h2>Legal FAQ for Tor Relay Operators</h2> +<h2>The Legal FAQ for Tor Relay Operators.</h2> <hr> -<p>FAQ written by the Electronic Frontier -Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 25 Apr 2005.</p> -<p><strong>NOTE:</strong> This FAQ is for informational purposes only -and does not constitute legal advice. EFF has not analyzed any -particular factual situation or laws in drafting this FAQ. Our aim is -to provide a general description of the legal issues surrounding -Tor in the United States. Different factual situations and different legal -jurisdictions will -result in different answers to a number of questions. Therefore, please -do not act on this information alone; if you have any -specific legal problems, issues, or questions, seek a complete review of -your situation with a lawyer licensed to practice in your jurisdiction. -</p> - -<p>Also, if you received this document from anywhere besides <a -href="https://www.torproject.org/eff/tor-legal-faq.html">https://www.torproject.org/eff/tor-legal-faq.html</a>, +<p>FAQ written by the Electronic Frontier Foundation (<a +href="https://www.eff.org">EFF</a>). Last updated August 24, 2011.</p> +<p>NOTE: This FAQ is for informational purposes only and does not +constitute legal advice. Our aim is to provide a general description of +the legal issues surrounding Tor in the United States. Different factual +situations and different legal jurisdictions will result in different +answers to a number of questions. Therefore, please do not act on this +information alone; if you have any specific legal problems, issues, or +questions, seek a complete review of your situation with a lawyer +licensed to practice in your jurisdiction.</p> +<p>Also, if you received this document from anywhere besides the EFF web +site or <a +href="<page eff/tor-legal-faq>">https://www.torproject.org/eff/tor-legal-faq.html</a>, it may be out of date. Follow the link to get the latest version.</p> +<p>Got a DMCA notice? Check out our <a +href="<page eff/dmca-template>">sample response +letter!</a></p> +<h2>General Information</h2> +<p><b>Has anyone ever been sued or prosecuted for running Tor?</b></p> -<hr> +<p><b>No</b>, we aren’t aware of anyone being sued or prosecuted in the +United States for running a Tor relay. Further, we believe that running +a Tor relay — including an exit relay that allows people to +anonymously send and receive traffic — is lawful under U.S. +law.</p> +<p><b>Should I use Tor or encourage the use of Tor for illegal +purposes?</b></p> +<p><b>No.</b> Tor has been developed to be a tool for free expression, +privacy, and human rights. It is not a tool designed or intended to be +used to break the law, either by Tor users or Tor relay operators.</p> +<p><b>Can EFF promise that I won't get in trouble for running a Tor +relay?</b></p> +<p><b>No.</b> All new technologies create legal uncertainties, and Tor +is no exception. Presently, no court has ever considered any case +involving the Tor technology, and we therefore cannot guarantee that you +will never face any legal liability as a result of running a Tor relay. +However, EFF believes so strongly that those running Tor relays +shouldn't be liable for traffic that passes through the relay that we're +running our own middle relay. </p> -<a id="Lawsuits"></a> -<h3><a class="anchor" href="#Lawsuits">Has anyone ever been sued for running Tor? -</a></h3> - -<p><strong>No.</strong> Further, we believe that running a Tor node, -including a Tor exit node that allows people to anonymously send and -receive traffic, is lawful under U.S. law.</p> - -<a id="IllegalPurposes"></a> -<h3><a class="anchor" href="#IllegalPurposes">Should I use Tor, -or encourage the use of Tor, for illegal purposes -such as spamming, harassment, distribution of child porn, or copyright -infringement?</a></h3> - -<p><strong>No.</strong> Tor has been developed to be a tool for free -speech, privacy, and human rights. It is not a tool designed or intended -to be used to break the law, either by Tor users or Tor relay -operators.</p> - -<p>We further recommend that you not keep any potentially illegal files -on the same machine you use for Tor, nor use that machine for any illegal -purpose. Although no Tor relay in the US has ever been seized, nor any relay -operator sued, the future possibility cannot be ruled out. If that -happens, you will want your machine to be clean.</p> - -<a id="Promise"></a> -<h3><a class="anchor" href="#Promise">Can EFF promise that I won't get -in trouble for running a Tor relay?</a></h3> - -<p><strong>No.</strong> All new technologies create legal uncertainties, -and Tor is no exception to the rule. Presently, no court has ever considered any -case involving the Tor technology, and we therefore cannot guarantee -that you will never face any legal liability as a result of running a -Tor relay. However, EFF believes so strongly that those running Tor -relays shouldn't be liable for traffic that passes through the relay -that we're running our own Tor relay. -</p> - -<a id="Represent"></a> -<h3><a class="anchor" href="#Represent">Will EFF represent me if I get -in trouble for running a Tor relay?</a></h3> - -<p><strong>Maybe.</strong> While EFF cannot promise legal representation -of all Tor relay operators, it will assist relay operators in -assessing the situation and will try to locate qualified legal counsel -when necessary. Inquiries to EFF for the purpose of securing legal -representation or referrals should be directed to staff attorney Kevin -Bankston (bankston at eff.org or US +1 (415) 436-9333 x 126). Such -inquiries will be kept -confidential subject to the limits of the attorney/client privilege. -Note that although EFF cannot practice law outside of the U.S., it will -still try to assist non-U.S. relay operators in finding local -representation.</p> - -<a id="DevelopersAreNotLawyers"></a> -<h3><a class="anchor" href="#DevelopersAreNotLawyers">Should I contact -the Tor developers when I have legal questions about Tor or to inform -them if I suspect Tor is being used for illegal purposes?</a></h3> - -<p><strong>No.</strong> Tor's core developers, Roger Dingledine -and Nick Mathewson, are available to answer technical questions, but -they are not lawyers and cannot give legal advice. Nor do they have any -ability to prevent illegal activity that may occur through Tor relays. -Furthermore, your communications with Tor's core developers are +<p><b>Will EFF represent me if I get in trouble for running a Tor +relay?</b></p> +<p><b>Maybe.</b> While EFF cannot promise legal representation for all +Tor relay operators, it will assist relay operators in assessing the +situation and will try to locate qualified legal counsel when necessary. +Inquiries to EFF for the purpose of securing legal representation or +referrals should be directed to our intake coordinator (<a +href="mailto:info@eff.org">info@eff.org</a> or US +1 (415) 436-9333). +Such inquiries will be kept confidential subject to the limits of the +attorney/client privilege. Note that although EFF cannot practice law +outside of the United States, it will still try to assist non-U.S. relay +operators in finding local representation.</p> +<p><b>Should I contact the Tor developers when I have legal questions +about Tor or to inform them if I suspect Tor is being used for illegal +purposes?</b></p> +<p><b>No.</b> Tor's developers are available to answer technical +questions, but they are not lawyers and cannot give legal advice. Nor do +they have any ability to prevent illegal activity that may occur through +Tor relays. Furthermore, your communications with Tor's developers are not protected by any legal privilege, so law enforcement or civil litigants could subpoena and obtain any information you give to them.</p> +<p>You can contact <a href="mailto:info@eff.org">info@eff.org</a> if you +face a specific legal issue. We will try to assist you, but given EFF's +small size, we cannot guarantee that we can help everyone. </p> -<a id="RequestForLogs"></a> -<h3><a class="anchor" href="#RequestForLogs">If I receive a request from -law enforcement or anyone else for my Tor relay's logs, what should -I do?</a></h3> +<p><b>Do Tor's core developers make any promises about the +trustworthiness or reliability of Tor relays that are listed in their +directory?</b></p> +<p><b>No.</b> Although the developers attempt to verify that Tor relays +listed in the directory maintained by the core developers are stable and +have adequate bandwidth, neither they nor EFF can guarantee the personal +trustworthiness or reliability of the individuals who run those relays. +Tor's core developers further reserve the right to refuse a Tor relay +operator's request to be listed in their directory or to remove any +relay from their directory for any reason.</p> +<h2>Exit Relays</h2> +<p>Exit relays raise special concerns because the traffic that exits +from them can be traced back to the relay's IP address. While we believe +that running an exit is legal, it is statistically likely that an exit +relay will at some point be used for illegal purposes, which may attract +the attention of private litigants or law enforcement. An exit relay may +forward traffic that is considered unlawful, and that traffic may be +attributed to the operator of a relay. If you are not willing to deal +with that risk, a bridge or middle relay may be a better fit for you. +These relays do not directly forward traffic to the Internet and so +can't be easily mistaken for the origin of allegedly unlawful +content.</p> +<p>The Tor Project's blog has some excellent <a +href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">recommendations</a> +for running an exit with as little risk as possible. We suggest that you +review their advice before setting up an exit relay.</p> +<p><b>Should I run an exit relay from my home?</b></p> -<p><strong>Educate them about Tor.</strong> In most instances, properly -configured Tor relays will have no useful data for inquiring parties, -and you should feel free to educate them on this point. To the extent -you do maintain logs, however, you should not disclose them to any third -party without first consulting a lawyer. In the U.S., such a disclosure -may violate the Electronic Communications Privacy Act, and relay -operators outside of the U.S. may be subject to similar data protection -laws.</p> +<p><b>No.</b> If law enforcement becomes interested in traffic from your +exit relay, it's possible that officers will seize your computer. For +that reason, it's best not to run your exit relay in your home or using +your home Internet connection. </p> +<p>Instead, consider running your exit relay in a <a +href="https://trac.torproject.org/projects/tor/wiki/doc/GoodBadISPs">commercial +facility</a> that is supportive of Tor. Have a separate IP address for +your exit relay, and don't route your own traffic through it. </p> +<p>Of course, you should avoid keeping any sensitive or personal +information on the computer hosting your exit relay, and you never +should use that machine for any illegal purpose.</p> +<p><b>Should I tell my ISP that I'm running an exit relay?</b></p> +<p><b>Yes.</b> Make sure you have a Tor-friendly ISP that knows you're +running an exit relay and supports you in that goal. This will help +ensure that your Internet access isn't cut off due to abuse complaints. +The Tor community maintains a <a +href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/GoodBadISPs">list</a> +of ISPs that are particularly Tor-savvy, as well as ones that +aren't.</p> -<p>You may receive legal inquiries where you are prohibited by law from -telling anyone about the request. We believe that, at least in the -U.S., such gag orders do not prevent you from talking to a lawyer, -including calling a lawyer to find representation. Inquiries to EFF for -the purpose of securing legal representation should be directed to staff -attorney Kevin Bankston (bankston at eff.org or US +1 (415) 436-9333 -x126). Such inquiries -will be kept confidential subject to the limits of the attorney/client -privilege.</p> +<p><b>Is it a good idea to let others know that I'm running an exit +relay?</b></p> +<p><b>Yes.</b> Be as transparent as possible about the fact that you're +running an exit relay. If your exit traffic draws the attention of the +government or disgruntled private party, you want them to figure out +quickly and easily that you are part of the Tor network and not +responsible for the content. This could mean the difference between +having your computer seized by law enforcement and being left alone.</p> +<p>The Tor Project <a +href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">suggests</a> +the following ways to let others know that you're running an exit +relay:</p> +<ul> +<li>Set up a reverse DNS name for the IP address that makes clear that +the computer is an exit relay.</li> +<li>Set up a notice like <a +href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/tor-exit-notice.html">this</a> +to explain that you're running an exit relay that's part of the Tor +network.</li> -<p>EFF is currently working on informational materials to help you -respond to the most likely types of legal requests or notices, so watch -this space.</p> +<li>If possible, get an <a href="https://www.arin.net">ARIN</a> +registration for your exit relay that displays contact information for +you, not your ISP. This way, you'll receive any abuse complaints and can +respond to them directly. Otherwise, try to ensure that your ISP +forwards abuse complaints that it receives to you.</li> +</ul> +<p><b>Should I snoop on the plaintext traffic that exits through my Tor +relay?</b></p> +<p><b>No.</b> You may be technically capable of modifying the Tor source +code or installing additional software to monitor or log plaintext that +exits your relay. However, Tor relay operators in the United States can +possibly create civil and even criminal liability for themselves under +state or federal wiretap laws if they monitor, log, or disclose Tor +users' communications, while non-U.S. operators may be subject to +similar laws. Do not examine the contents of anyone's communications +without first talking to a lawyer.</p> +<p><b>If I receive a subpoena or other information request from law +enforcement or anyone else related to my Tor relay, what should I +do?</b></p> +<p><b>Educate them about Tor.</b> In most instances, properly configured +Tor relays will have no useful data for inquiring parties, and you +should feel free to educate them on this point. To the extent you do +maintain logs, however, you should not disclose them to any third party +without first consulting a lawyer. In the United States, such a +disclosure may violate the Electronic Communications Privacy Act, and +relay operators outside of the United States may be subject to similar +data protection laws.</p> -<a id="DMCA"></a> -<h3><a class="anchor" href="#DMCA">My ISP/University/etc just sent me -a DMCA notice. What should I do?</a></h3> +<p>You may receive legal inquiries where you are prohibited by law from +telling anyone about the request. We believe that, at least in the +United States, such gag orders do not prevent you from talking to a +lawyer, including calling a lawyer to find representation. Inquiries to +EFF for the purpose of securing legal representation should be directed +to our intake coordinator (info at eff.org or US +1 (415) 436-9333). +Such inquiries will be kept confidential subject to the limits of the +attorney/client privilege.</p> +<p>For more information about responding to abuse complaints and other +inquiries, check out the <a +href="<page docs/faq-abuse>">Tor Abuse +FAQ</a> and the collection of <a +href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/TorAbuseTemplates">abuse +response templates</a> on the Tor Project’s website.</p> +<p><b>My ISP, university, etc. just sent me a DMCA notice. What should I +do?</b></p> +<p>EFF has written a <a +href="<page eff/dmca-template>">short template</a> to help +you write a response to your ISP, university, etc., to let them know +about the details of the Digital Millennium Copyright Act’s safe harbor, +and how Tor fits in. Note that template only refers to U.S. +jurisdictions, and is intended only to address copyright complaints that +are based on a relay of allegedly infringing material through the Tor +node. </p> -<p>The EFF has written a <a -href="tor-dmca-response.html">short template</a> -to help you write a response to your ISP/University/etc, to let them -know about the details of DMCA safe harbor, and how Tor fits in. Note -that this only refers to a U.S. jurisdiction.</p> - -<p>If you like, you should consider submitting a copy of your notice -to <a href="http://www.chillingeffects.org/">Chilling Effects</a>. This +<p>If you like, you should consider submitting a copy of your notice to +<a href="https://www.chillingeffects.org">Chilling Effects</a>. This will help us recognize trends and issues that the lawyers might want to focus on. Chilling Effects encourages submissions from people outside the United States too.</p> +<p>EFF believes that Tor relays are protected from copyright liability +under the DMCA, although no court has yet addressed the issue in the +context of Tor itself. If you are uncomfortable with this uncertainty, +you may consider using a <a +href="<page docs/faq>#ExitPolicies">reduced +exit policy</a> (such as the default policy suggested by the Tor +Project) to try to minimize traffic types that are often targeted in +copyright complaints. </p> +<p>If you are a Tor relay operator willing to stand up and help set a +clear legal precedent establishing that merely running a relay does not +create copyright liability for either operators or their bandwidth +providers, EFF is interested in hearing from you. Read more <a +href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">here</a> +about being EFF's test case.</p> +<p><a href=https://www.eff.org/torchallenge/setting-up/>» Set up a Tor +Relay now!</a></p> -<p>EFF is actively seeking Tor relay operators willing to stand up -and help set a clear legal precedent establishing that merely running -a node does not create copyright liability for either node operators -or their bandwidth providers. If you want to be the EFF's test case, -<a href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">read -more here</a>.</p> -<a id="ExitSnooping"></a> -<h3><a class="anchor" href="#ExitSnooping">Should I snoop on the plaintext -that exits through my Tor relay?</a></h3> - -<p><strong>No.</strong> You may be technically capable of modifying -the Tor source code or installing additional software to monitor -or log plaintext that exits your node. However, -Tor relay operators in the U.S. can create legal and possibly even -criminal liability for themselves under state or federal wiretap laws if -they affirmatively monitor, log, or disclose Tor users' -communications, while non-U.S. operators may be subject to similar laws. -Do not examine the contents of anyone's communications without -first talking to a lawyer.</p> - -<a id="DirectoryWarranty"></a> -<h3><a class="anchor" href="#DirectoryWarranty">Do Tor's core developers -make any promises about the trustworthiness or reliability of Tor relays -that are listed in their directory?</a></h3> - -<p><strong>No.</strong> Although the developers attempt to verify that -Tor relays listed in the directory the core developers maintain are -stable and have adequate bandwidth, neither they nor EFF can guarantee -the personal trustworthiness or reliability of the individuals who run -those relays. Tor's core developers further reserve the right to -refuse a Tor relay operator's request to be listed in their -directory or to remove any relay from their directory for any -reason.</p> - </div><!-- #main --> #include <foot.wmi>