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

[Joe Btfsplk]

On 7/4/2014 3:02 PM, no.thing_to-hide at cryptopathie.eu wrote:
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> 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.
>
Interesting.  Taking that account at face value, then apparently at 
times, the "rule of law" is as subjective in Austria as it is in many 
countries.

What do we take away from Weber's conviction?  That it's illegal (or at 
least punishable) to speak your mind in Austria?
Unless there's more to the story, I would think that judge believed he 
pulled a fast one, by "giving" Mr. Weber probation for something that's 
not against the law.

"Answered in an interview ... that he didn't give a ...?"  Was that an 
interview with the Pope or something?
There's no freedom of speech in Austria?  Or is cursing during 
interviews a possible felony?
If attitude or personal opinion were against the law, half the people in 
the world would be in jail.

I understand (completely) Mr. Weber's decision - right now - not to want 
to go through an appeal, but I'm concerned that after he's had some much 
needed rest & time to reflect, that he may regret accepting a guilty 
plea for something that apparently isn't against the law, even in 
Austria.  But it is his decision.