[tor-relays] Prepared for [Raided for running a Tor exit node]?
grarpamp at gmail.com
Fri Nov 30 19:36:55 UTC 2012
> Only regarding home Wireless access in the US
> I was involved in a case with just this situation.
> According to my lawyer there is no consensus on who is responsible for wifi.
> Every State has different laws each one is just a vague.
> In NY, if your wireless is secured (pw protected) you are ok.
> In NH, you are responsible for all data that passes your wifi point secured
> or not.
> In MA(my state) there is no specific law
Putting links to such laws on the Tor wiki would be useful for
operators and users to know.
It would seem hard to believe that there are 'must secure' laws  in
the US or elsewhere. Even harder that anyone would be sentenced...
regardless of whether their AP is open, 12345, or dR;$8w at G...
merely for traffic traversing their AP/node that was not theirs, or that
cannot be proven was theirs. Not that you wouldn't be questioned,
charged or held before the case was dropped.
 There are 'must secure' civil ISP contracts. They are only meant
to 'secure' more revenue (no account/line sharing) for the ISP and
save revenue from dealing with whatever headaches your open
AP/node creates. And criminal 'theft of service' laws for the same
> you just need a good lawyer :)
This (and links to the actual laws) are much easier to believe.
Because if someone here took the NY example above literally and
did illegal deeds via their secured wifi thinking that example was
the law (and thus their immunity), they be jailed pretty quickly.
And what does being forced to secure or responsible mean?
If you hit a bug, exploit, or get cracked, and can show it, you're jailed?
What if there is no proof either way but the existence of traffic, is the
user then jailed by default?
What if no evidence but crypted disk, or questions as to character/belief?
In those crazy places even 100% lily white users would seem better
off running an open AP/node and risking that lone lesser charge 
than attempting to be rather secure, risking a crack, and being held
responsible for some major crime.
 If the major wasn't dropped, at least they'd be jailed with evidence
the access was open, which looks a lot better than if it wasn't.
The crazy is why you're supposed to visit, write, call and email your
lawmakers, educate your executive, and hang your jury.
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