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Austrian Tor Exit Node Operator Found Guilty As an Accomplice
An anonymous reader writes with this excerpt from TechDirt: Three years ago we wrote about how Austrian police had seized computers from someone running a Tor exit node. This kind of thing happens from time to time, but it appears that folks in Austria have taken it up a notch by... effectively now making it illegal to run a Tor exit node. According to the report, which was confirmed by the accused, the court found that running the node violated 12 of the Austrian penal code, which effectively says:"Not only the immediate perpetrator 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." In other words, it's a form of accomplice liability for criminality. It's pretty standard to name criminal accomplices liable for "aiding and abetting" the activities of others, but it's a massive and incredibly dangerous stretch to argue that merely running a Tor exit node makes you an accomplice that "contributes to the completion" of a crime. Under this sort of thinking, Volkswagen would be liable if someone drove a VW as the getaway car in a bank robbery. It's a very, very broad interpretation of accomplice liability, in a situation where it clearly does not make sense.
It'll come down to an opinion as to whether or not the use of Tor implies an intent to allow others to break the law. While an anonymizer service itself can be used for both legal and illegal purposes, if the court later finds that its use is far more illegitimate than it is legitimate, then that will dictate how they rule on the matter.
That's the biggest difference compared to the car analogy, in that the demonstrated legitimate use of cars far, far outweighs the illegitimate use of cars. Using cars is the norm. Using Tor is not the norm, and so then it becomes a matter of scrutinizing what it does, who uses it, and for what purposes.
Same issues held true for networks like Napster and MegaUpload, and holds true for bit torrent.
Do not look into laser with remaining eye.
By this logic, anyone running an internet router is guilty under this interpretation of that law if they connect between a piece of malware and a C&C server.
In the post-911 world, police departments all over the world are moving into Orwellian territory. They spot someone that they "know" is doing a crime, and they go searching for a law to hammer them.
With laws that don't sunset, and legislative organizations (worldwide) passing more rules and regulations and laws as fast as they can write them down, the state is moving to consolidate it's power. Once, a congressman from the United States said of his constituents, "There are no law-abiding citizens, there are only citizens who haven't yet broken a law."
Wait for it. The police are choosing to persecute (sic) whomever they want to, and due process seems to be fading into the sunset.
Don't take life too seriously; it isn't permanent.
Under this sort of thinking, Volkswagen would be liable if someone drove a VW as the getaway car in a bank robbery.
No. Under this sort of thinking, the owner of a Volkswagen would be liable if someone drove their VW as the getaway car in a bank robbery. And indeed, in some countries you can be held [partially] liable for misuse of your vehicle even if all you did was leave the keys in the car, especially if you have even a passing relationship with the perpetrators.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Or, in other words, guilty until proven innocent.
I'm a good cook. I'm a fantastic eater. - Steven Brust
More like arresting a taxi driver for transporting a bank robber when the taxi driver didn't know he was a bank robber.
That makes me a bit concerned and curious as to why no ISPs or similar companies got involved in the case. While a judge and jury might not understand the technical details, people working in tech (and their lawyers) probably would and companies should be concerned about how this might come back to them.
Prima: I need to do some dodgy shit.
Secunda: I am going to offer a resource for people to do dodgy shit.
Prima: I am going to use your resource to do dodgy shit.
Secunda: OK, please carry on using it.
Prima: I need to be anonymous
Secunda: I offer masks. Masks make you anonymous.
Prima: I am going to use your resource (thinking only to self: to do dodgy shit.)
Secunda: I'm glad someone appreciates my fine craftsmanship.
If a bankrobber robs a bank while wearing a mask purchased from a store, is that mask store held liable? Usually only if the bank robber explicitly said "I'm going to use this mask to do dodgy shit".
users of the tor network don't notify exit node maintainers what they plan to do with the exit nodes they transfer data from. At best, an exit node maintainer might be able to firewall off certain sites, but that's cumbersome and doesn't prevent 99% of evil use cases.
The car analogy is so flawed it really should be removed from the story for this significant reason: cars are designed to move people and stuff. They can be used to commit crimes, but that is not their intended use.
Tor on the other hand, is explicitly designed to allow people to remain anonymous, to prevent detection. While honest people most certainly use Tor, so do criminals and it is because of Tor's intended purpose that the police are justifying their actions.
Before anyone flames me, I am not justifying what is taking place. I am only giving a much better explanation than that ridiculous car analogy for why this is taking place.
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
And the other two 6's are?