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

C B cb736 at yahoo.com
Wed Jul 2 01:40:49 UTC 2014

I would think that a good lawyer would point out the absurdity of the node operator having any responsibility. Just because someone builds a road and that road is used to commit a crime does it make the road builder responsible? Of course not. Node operators are not monitoring or filtering traffic and have no knowledge whatsoever how the traffic is being used.
Christopher Booth

 From: Joe Btfsplk <joebtfsplk at gmx.com>
To: tor-talk at lists.torproject.org 
Sent: Tuesday, July 1, 2014 7:49 PM
Subject: Re: [tor-talk] Liability to Prosecution for Operating Tor Nodes in Austria

On 7/1/2014 6:35 PM, flapflap wrote:
> 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
Wouldn't that mean that any mainstream ISP would also be liable for one 
of their customers committing a crime while using their service?
Or GM is liable if a driver of a GM car gets drunk & injures someone?

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