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

Fri Jul 4 20:02:33 UTC 2014

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Hello Tor!

Running an internal relay in Graz since 7/2013, where William Weber's
appartment was raided in 2012, when some idiot misused his exit for
illegal stuff, I became interested in his case. But I know it only
from the newspapers.

The raid took place on Wed, 2012-11-28 (1). William did intensive
blogging afterwards (2)(3), the legal process started, and ended this
week Mon, 2014-06-30, with 3 y probation. I found a German article
which provides a good summary (4, Google Translate).
He was not convicted for operating an exit (!!), what is legal in
Austria. But, according to the opinion of the judges, for
"contribution to delinquency" ('Beitragstaeterschaft' in German):
"(...) that he answered in an interview to the question whether he was
aware that Tor could be used for distribution of child pornography,
responded at a conference: "I do not give a fuck.(...)"
"(...) that the prosecutor quoted from chat logs in which he for
anonymous hosting of everything, including child pornography,
recommended Tor (...)" (4)
- --> The proofs for such an attitude are not really helpful when
getting to court.

Anyway, if you would like to help him with his lawyer costs, he takes
Bitcoin donations (5).

Perhaps next time it's you, or me, or ...

Best regards

Anton

1)
http://arstechnica.com/tech-policy/2012/11/tor-operator-charged-for-child-porn-transmitted-over-his-servers
2) http://raided4tor.cryto.net
3) http://rdns.im
4)
https://translate.google.com/translate?sl=de&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Ffuturezone.at%2Fnetzpolitik%2Fstrafe-fuer-tor-betreiber-grazer-urteil-wirft-fragen-auf%2F73.173.618%2Fprint&edit-text=
5) http://raided4tor.cryto.net/donate

- -- 
no.thing_to-hide at cryptopathie dot eu
0x30C3CDF0, RSA 2048, 24 Mar 2014
0FF8 A811 8857 1B7E 195B 649E CC26 E1A5 30C3 CDF0
Bitmessage (no metadata): BM-2cXixKZaqzJmTfz6ojiyLzmKg2JbzDnApC

On 04/07/14 19:11, MacLemon wrote:
> Hi!
> 
> On 04 Jul 2014, at 15:31, Moritz Bartl <moritz at torservers.net>
> wrote:
>> I have talked to multiple lawyers, and this case would be very
>> easy to defend against. William was sadly unable or unwilling to
>> communicate properly, and he's not willing/able to put it to a
>> fight. It is a sad situation overall, but it does not change the
>> clear legal status of relay operation. All lawyers I talked to
>> expect this case to be more complicated than it looks, and it
>> makes no sense to discuss this purely based on what we have right
>> now, which is some lawman's blog post.
> 
> I've talked to William's lawyer in person as well as the ISPA
> jurist (Austrian Inter Service Provider's Association) who both
> joined our Tor-ops meeting in Vienna yesterday (2014-07-03).
> 
> What I can sum up: It is not illegal to run a Tor relay/exit/bridge
> in Austria. We can not take William's case any further. Doing so
> would neither help William nor help to clear up the legal status of
> running relays in Austria. William's lawyer said he personally
> considers the court judgement to be wrong.
> 
> The Austrian Tor-Community is working to form an official
> association (Verein) to get a better standing. Goals shall be
> education about anonymity, better communication with law
> enforcement, better communication with ISPs as well as the usual
> technical mumble to build secure and high bandwidth relays. 
> Building up a legal defense fund and getting a clear statement on
> whether Tor-networks fall under the legal term of „communications
> network“ as defined in ECG §13 is also part of that.
> 
> 
> So if you're in Austria and run a relay/exit/bridge, please get in
> touch, join our Mailinglist (yes another one) at torservers.at to
> see if you can help and to stay in the loop.
> 
> Best regards MacLemon
> 
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.12 (GNU/Linux)

iQEcBAEBAgAGBQJTtwhVAAoJEMwm4aUww83w+1oIAI80jAQj4mOpwsiYdnJGstA4
A25lb+2wDpI/zgKhttkJk1t6I1Ff3/+F5lmU7Eh6nO1RlgcPUVzZJtex1pAZ0P+z
AIo9FnsF2UJbkPU/CR2hC96yfb8cw0lEyo+zUVCi5YcrZyDbKpgiJvFB2uIuM98P
3/8XP5NteqhmBQ+WPSWAo9A7EoCuzFpSpGRhfj+osgjRWIwR75CGJErLLmSYZqP0
unSji6zJycbb6u3NOtUlVijLBGBdoXt+oQBKf8tttB3yK+WTBpMZ8P9qVb5IuKCW
/hJeqX1a2MmPG+jSjpunY/W1oBVHeDooYp4qdNIYAeVsZDVm8LSbD1g7r4aFk/o=
=0Zsp
-----END PGP SIGNATURE-----