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Tor exit node operator prosecuted in Austria

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Re: Tor exit node operator prosecuted in Austria

#11

Post by lawl »

dewey wrote: post #2

Official statement from the guy who got sentenced: https://rdns.im/court-official-statement-part-1

Came here and to post this too. It's really a shame how the current system of law enforcement is designed to destroy completely destroy people.

I'm idling in some of the same public IRC channels as will (since way before he was raided for running a TOR node) it was/is painful to watch how this completely destroyed him.

It has really put me off, and probably many others, from ever hosting a TOR node, which might what makes this even worse. If you want to help people in heavily censored (or monitored, but what would be every single one of them, as of now) countries you get punished and your life gets completely ruined.

Seriously, the guy was like 20 or so when the police raided his home because of a TOR relay. Financially and mentally ruining someone when he didn't even do anything wrong is just... It makes me really angry.

Re: Tor exit node operator prosecuted in Austria

#13

Post by teamhappy »

PythonicAlpha wrote: post #6

It seems, in many countries, the knowledge and the acknowledgement of technical facts is very much lacking, both in legislative authorities and in courts.

You can't expect them to keep up with everything. Important is who they turn to for guidance. The CCC does a great job advising law makers and law enforcement in Germany and the EFF tries really hard to play a similar role in the US. The Tor Project itself works directly with law enforcement as well (pretty much globally as far as I know).

Re: Tor exit node operator prosecuted in Austria

#14

Post by dtech »

hellodevnull wrote: post #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.

The quoted law is Austrian, so this doesn't apply to the whole of Europe.

But yes, even running a package delivery service is now illegal because it can be used to transport drugs or firearms and such.

Re: Tor exit node operator prosecuted in Austria

#16

Post by phillc73 »

EthanV2 wrote: post #3

Does 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.

I have a VPS with an Austrian ISP. Their Ts&Cs already state the following are specifically not allowed:

Tor/i2p/similar exit servers (bridge, entry and middle are fine until further notice)

Last update was Jan 17th, 2014, but this clause has been included for as long as I have been a customer, which is a couple of years. So, I would say at least some Austrian ISPs are aware of the risk.

Re: Tor exit node operator prosecuted in Austria

#17

Post by esbranson »

EthanV2 wrote: post #3

Does 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.

It means absolutely nothing. Austria does not follow the common law doctrine of stare decisis, where each case is bound to follow whatever reasoning is used by a superior court. (Note that "constant jurisprudence" is completely different and is not really binding, since higher court chambers do not have stable composition and as such their reasoning may not be consistent.)

A different court is allowed to use completely contrary reasoning and interpretation of "enables or facilitates" ("ermöglicht oder erleichtert") and "intent" ("Vorsatz") in § 12 StGB. The more money you have, the more likely that is. Also keep in mind that sometimes juries composed of short-term politically-appointed local politicians ("lay judges") are used, so that also adds to the complexity.

Austria's women and landscapes are beautiful. Austria's legal system, not so much.

Re: Tor exit node operator prosecuted in Austria

#18

Post by icehawk219 »

lawl wrote: post #11
dewey wrote: post #2

Official statement from the guy who got sentenced: https://rdns.im/court-official-statement-part-1

Came here and to post this too. It's really a shame how the current system of law enforcement is designed to destroy completely destroy people. I'm idling in some of the same public IRC channels as will (since way before he was raided for running a TOR node) it was/is painful to watch how this completely destroyed him. It has really put me off, and probably many others, from ever hosting a TOR node, which might what…

  It has really put me off, and probably many others, from ever hosting a TOR node
The cynic in me can't help but assume that that's the entire point.

Re: Tor exit node operator prosecuted in Austria

#19

Post by kriro »

EthanV2 wrote: post #3

Does 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.

AFAIK, in Germany (I know the article is about Austria but I'd guess their laws are similar) you can be held responsible if something illegal is conducted through your network (usually open WLANs). It's called "Störerhaftung" and is pretty crazy because it essentially means every grandmother has to become a sysadmin of sorts. This is used a lot in film download trials etc.

ISPs are explicitly excluded from this and not held responsible.

Re: Tor exit node operator prosecuted in Austria

#20

Post by teamhappy »

lawl wrote: post #11
dewey wrote: post #2

Official statement from the guy who got sentenced: https://rdns.im/court-official-statement-part-1

Came here and to post this too. It's really a shame how the current system of law enforcement is designed to destroy completely destroy people. I'm idling in some of the same public IRC channels as will (since way before he was raided for running a TOR node) it was/is painful to watch how this completely destroyed him. It has really put me off, and probably many others, from ever hosting a TOR node, which might what…

Unfortunately this hasn't been the first case like that and it probably won't be the last one either. Saying they destroy peoples lives on purpose isn't fair though. Everybody setting up an exit node knows there's some chance the police will knock on your door one day or at the very least you'll end up getting a lot of letters. Projects like https://www.torservers.net exist for that very reason. I understand donating money isn't as fulfilling/fun/cool as hosting an exit node yourself but at this point everybody should be well aware of the possible consequences.
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