court trial against me -
Alexander W. Janssen
alexander.janssen at gmail.com
Wed Nov 14 20:37:08 UTC 2007
Am Mittwoch, den 14.11.2007, 21:22 +0100 schrieb TOR Admin (gpfTOR1):
> Hi Mirko,
> 1: by German law a Tor node admin is something like an access provider.
> You are not responsible for your traffic. If the court have only an IP
> address and you have a tor status log, they have nothing.
I'd point it out differently:
"Supporting a crime" - "Beihilfe" in German - is not someone can accuse
you just because you run Tor.
My lawyer clearly states, that in order to be guilty of "Beihilfe" you
need to actively support a certain crime. It's not "Beihilfe" just
because you provide the MEANS of a crime. Of some generic crime. It must
be a special incidident.
However, I can understand why you accepted the fact. A lawsuit is time-
and money-consuming. I'm just in the same situation and I already piled
up a couple of hundreds of Euros in lawyer-bills which I have to pay
On another note, good news: The court decided that I'm entitled for
compensation about the illegal search of my house. However, they forgot
to mention the arrest, so it's put back to court at the moment.
I don't know what that means so far, since being entitled doesn't mean
that I'd get any substantial money to cover my laywer-bills. It only
says that I can claim back money which arose from "physical damages".
And lawyer-bills and "mental" compensation is not "physical"...
However, Mirko, you should consider getting a lawyer and check if you
have the chances for an appeal. You need to be found unguilty. It's
important for you and for Tor in general.
If you need advice, drop me an email off-list.
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