If TOR would legally qualify as an ISP, we're in deep trouble. Keyword: the upcoming data-retention laws in Europe.
Data retention in Europe doesn't cover the content of traffic, only CDR (call data record) are covered and gathered all togheter for LI purpose. Telecoms providers will now have to keep data including the time of each fixed and mobile phone call made in Europe, whether the call is answered or not, the duration of the call and other details that can trace the caller, as well as times users connect to the internet, their IP addresses and details pertaining to emails and VoIP calls. The content of the communications will not be recorded. The big problem about data retention is data collected for a period of time, how to interact to those data and how to protect the data for unauthorized access (these action is on duty in ETSI meeting). Cesare