[tor-relays] Registration of a Tor node at the German Bundesnetzagentur

[Moritz Bartl]

On 01.01.2013 22:30, tor-admin wrote:
> He gave the advice to register open WIFIs which are operated by non-profits at 
> the German Bundesnetzagentur, because this is required under German law for 
> companies (http://is.gd/vcz2pZ). I am wondering if there are Tor nodes 
> operated by Germans who have been registered at the Bundesnetzagentur. 

Disclaimer: I am not a lawyer, and this is not legal advice. This is a
personal opinion. I have talked to a number of lawyers, and formed my
opinion based on their statements. I doubt that I need this sort of
disclaimer, but some people say I do.

There is a fundamental legal difference between operating Internet
Access Providers and Internet Service Providers. As a Tor exit, you
should and want to be judged as a service provider. The key difference
is that Access Providers give you Internet access, whereas Service
Providers (Telemediendienste, "tele media services") give you services
which require (existing) network access.

Access Providers are bound to the Telekommunikationsgesetz:
http://www.gesetze-im-internet.de/tkg_2004/

Whereas service providers are bound to the Telemediengesetz:
http://www.gesetze-im-internet.de/tmg/

Most interesting for exit operators within German borders are:
§8 - no liability for forwarded content (compare §512a DMCA USA)
§15 - you are not allowed to collect or store user identifying data
unless required for billing purposes

-- 
Moritz Bartl
https://www.torservers.net/