Hi Fabian,
Quoting Fabian Keil (2014-10-21 12:55:21)
Manuel Gebauer manuel@myops.de wrote:
Although, the greater risk in my opinion, comes from the question if tor operators can be seen as service providers who would be exempt from responsibility for transmitted information under the term of this law. There's no precedence to my knowledge, but private wireless APs are in fact not exempt from responsibility.
Citation needed.
"Für ein schlecht gesichertes WLAN besteht Störerhaftung." BGH, Urteil v. 12.05.2010, Az. I ZR 121/08, Link: http://tlmd.in/u/1057
I cant't of course cite missing precedence concerning tor, because it is missing.
As far as precedence is concerned, I believe that all the Tor-related raids in Germany (that I became aware of) ended with the state attorney closing the investigation (against the Tor operator) after finally realising that the offending traffic came through Tor.
Citation needed. :)