Tor exit node operator prosecuted in Austria
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Tor exit node operator prosecuted in Austria
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Re: Tor exit node operator prosecuted in Austria
#2Official statement from the guy who got sentenced: https://rdns.im/court-official-statement-part-1
Re: Tor exit node operator prosecuted in Austria
#3Does this mean that Austrian ISPs can be prosecuted if their customers use their connections to transmit "content of an illegal nature"? Surely the ISP knows that some of their customers could use their services for illicit purposes, meaning they're "guilty of complicity" themselves.
Re: Tor exit node operator prosecuted in Austria
#4Does this mean that Austrian ISPs can be prosecuted if their customers use their connections to transmit "content of an illegal nature"? Surely the ISP knows that some of their customers could use their services for illicit purposes, meaning they're "guilty of complicity" themselves.
Perhaps the logic of the court is that the ISPs do no provide essentially anonymous access. ISPs can and do turn over customer info when ordered by courts/law enforcement.
Re: Tor exit node operator prosecuted in Austria
#5Does this mean that Austrian ISPs can be prosecuted if their customers use their connections to transmit "content of an illegal nature"? Surely the ISP knows that some of their customers could use their services for illicit purposes, meaning they're "guilty of complicity" themselves.
For sure. At least in theory. That's always been true though. I don't think Austrian ISPs worry about it to much because precedents don't influence court decisions as much as they do in the US.
Re: Tor exit node operator prosecuted in Austria
#6It seems, in many countries, the knowledge and the acknowledgement of technical facts is very much lacking, both in legislative authorities and in courts.
Re: Tor exit node operator prosecuted in Austria
#7>The operator of an exit node is guilty of complicity, because he enabled others to transmit content of an illegal nature through the service.
This logic would make running an exit node illegal in all of Europe.
Re: Tor exit node operator prosecuted in Austria
#8>The operator of an exit node is guilty of complicity, because he enabled others to transmit content of an illegal nature through the service. This logic would make running an exit node illegal in all of Europe.
I believe that's the point yes. But, wouldn't this apply to any party who operates the network in between users as well?
Re: Tor exit node operator prosecuted in Austria
#9Does this mean that Austrian ISPs can be prosecuted if their customers use their connections to transmit "content of an illegal nature"? Surely the ISP knows that some of their customers could use their services for illicit purposes, meaning they're "guilty of complicity" themselves.
Perhaps the logic of the court is that the ISPs do no provide essentially anonymous access. ISPs can and do turn over customer info when ordered by courts/law enforcement.
But the customer info turned over is not necessarily the guilty party either. If you have free wifi in your cafe now you're responsible for anything illegal your clients do?
It's a bad judgement on all counts.
Re: Tor exit node operator prosecuted in Austria
#10Is this is the "big brother" plan to eradicate anonymity services? Just argue "child porn!" and arrest everyone?
The law quoted was:
>Not only the immediate perpetator commits a criminal action, but also anyone who appoints someone to carry it out, or anyone who otherwise contributes to the completion of said criminal action.
Anyone who contributes? Wouldn't this include ISPs or perhaps even the application server technologies (HTTP, FTP) used? Or clients, browsers and picture viewers?
In any case, kudos to this guy. I can't imagine what he's going through: PTSD, having all his hardware taken away, dealing with clueless police.