On 01.01.2013 22:30, tor-admin wrote:
He gave the advice to register open WIFIs which are operated by non-profits at the German Bundesnetzagentur, because this is required under German law for companies (http://is.gd/vcz2pZ). I am wondering if there are Tor nodes operated by Germans who have been registered at the Bundesnetzagentur.
Disclaimer: I am not a lawyer, and this is not legal advice. This is a personal opinion. I have talked to a number of lawyers, and formed my opinion based on their statements. I doubt that I need this sort of disclaimer, but some people say I do.
There is a fundamental legal difference between operating Internet Access Providers and Internet Service Providers. As a Tor exit, you should and want to be judged as a service provider. The key difference is that Access Providers give you Internet access, whereas Service Providers (Telemediendienste, "tele media services") give you services which require (existing) network access.
Access Providers are bound to the Telekommunikationsgesetz: http://www.gesetze-im-internet.de/tkg_2004/
Whereas service providers are bound to the Telemediengesetz: http://www.gesetze-im-internet.de/tmg/
Most interesting for exit operators within German borders are: §8 - no liability for forwarded content (compare §512a DMCA USA) §15 - you are not allowed to collect or store user identifying data unless required for billing purposes