[tor-talk] Tor Exit Operator convicted in Austrian lower court

s7r s7r at sky-ip.org
Wed Jul 2 15:56:29 UTC 2014

Hash: SHA1

On 7/2/2014 2:54 PM, MacLemon wrote:
> Hey!
> On 02 Jul 2014, at 03:49, C B <cb736 at yahoo.com> wrote:
>> in no way makes Montblac, Southworth, or Smith's Stationary the
>> least bit responsible for the bank robbery. This ruling is a
>> clear lack of understanding of how the Internet and Tor work.
> I totally agree. It contradicts Austrian legislation of the so
> called “Provider's privilege” which states that the operator or
> provider of a service is not liable for the data transmitted over
> said service.
> Following that mis-ruling the Austrian Post Office would be liable
> for the goods they deliver (as well as any other delivery service,
> like packages, food, Amazon, or basically any ISP as well.)
> We'll see how that continues. Best regards MacLemon

The subject of this attracted my attention. Are we talking here about
a clear law, written black on white which states that it is illegal to
run Tor relays (or any kind of telecommunications proxy servers) and
that you are responsible for your user's actions, even if you provide
those services free of charge, therefor not required to collect any
data about your users? Is it actually a specific law which was
enforced here clearly stating that you cannot run Tor or open proxy

Or are we talking about just one decision from a judge who probably
didn't do a proper reading and analysis before applying this decision?
Or maybe the person charged with this was actually doing something
illegal? Anyone has more details?

If so, shouldn't the EU legislation protect you against such an abuse?
In some countries, quite a lot of them actually, there is even no
definition in the law whatsoever for open proxy servers or
telecommunications internet traffic. Internet is (from legal point of
view, no technical - new invention. Tor is newer and science fiction
for the vast majority of people). Does this mean in those countries
you can run anything you want? Or not run anything because you to to
jail for ANOTHER penal code, which makes vague reference about this too.

That is nonsense. Why not arrest the owners of a stainless steel blade
factory, because some people stab other people with those blades.

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