[tor-talk] Liability to Prosecution for Operating Tor Nodes in Austria

[flapflap]

Hi,

FYI (both only in German):
https://network23.org/blackoutaustria/2014/07/01/to-whom-it-my-concern/
(via https://blog.fefe.de/?ts=ad4dd623)

(I'm not familiar with the language of law, just try to summarize it to
inform you; maybe someone else could translate it more accurately...)

A court in Austria ruled that one can be held liable to prosecution for
operating a Tor Exit [but likely also Middle] Node, when it is used by
someone to commit a criminal action.

The judge justifies the decision by §12 of the penal code:
"Not only the direct perpetrator commits a criminal action, but also
everyone who appoints someone else to commit it or otherwise adds to its
execution."

what a sad and poor decision :(

To cite (and roughly translate) Fefe:
"As a precaution, Austrians should stop operating communication
infrastructure like Jabber, email, and web servers with comment or
upload functionality, or telephones and fax machines. If I [Fefe] were
the post, I [Fefe] would stop operations, too."

~flapflap

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