German laws are different from Austrian laws.
I quickly skimmed the German article and the defendant had made less-than-optimal statements in court, like "I don't care if my nodes are being used to distribute child-pornography." and "I actually recommend the Tor Network in chats for hosting of child pornography".
No wonder he got sentenced, he also _did not_ have a lawyer.
If you are not a, sorry for the foul language but it's true, dumb-ass like him, and have a competent lawyer familiar with the Tor network and the laws protecting network operators, your chances of being sentenced are slim to none, depending on the country you operate your relays in, and your personal jurisdiction.
2020-05-23 17:15 GMT, Sebastian Elisa Pfeifer newsletter@unicorncloud.org:
You know that, I know that, the police probably also knows that. And I never said it was not legal.
But also, it could be that that won't help you and you still get convicted like the guy from Graz in the link..
Sebastian
On 22/05/2020 23:28, William Kane wrote:
They can raid my home(s), it won't make it any less legal to operate an exit node, for it's traffic I am still not responsible.
I've had run-ins with the law regarding exit nodes in the past, and all the cases against me got dropped due to not being liable for the traffic I have not initiated. Any good lawyer will know this.
I also recommend the EFF pages on the topic.
2020-05-21 21:49 GMT, Sebastian Elisa Pfeifer newsletter@unicorncloud.org:
On 20/05/2020 23:07, William Kane wrote:
After that is all done, you can safely ignore most abuse reports unless they actually have a case against you, which, in most countries is not possible due to network providers being protected from liability by the law.
But everyone should be aware that that might not stop the law enforcement from raiding your home. Or even worse: https://www.heise.de/newsticker/meldung/Oesterreich-Tor-Serverbetreiber-wege... (Sorry, German)
And, keep in mind, in countries without a "Beweismittelverwertungsverbot" (like Austria and I think Germany also) it doesn't matter if the search was illegal - they can still use everything they found against you.
Don't get me wrong, it's great you want to run an exit and I also did so in the past, but be careful.
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