On Sun, 02 Aug 2009 20:27:21 +0200 Jirka Svoboda <ru...@seznam.cz> wrote: >In time past I have riceived some infringement notices so I have already >done some research into legal status of proxies. > >To my knowledge, the most significant document to this topic is the >Directive of the Council 2000/31/EC "on certain legal aspects of >information society services", which states explicitly in article 12: > >quote > >1. Where an information society service is provided that consists of the >transmission in a communication network of information provided by a >recipient of the service, or the provision of access to a communication >network, Member States shall ensure that the service provider is not >liable for the information transmitted, on condition that the provider: >(a) does not initiate the transmission; >(b) does not select the receiver of the transmission; and >(c) does not select or modify the information contained in the transmission. > >/quote
This is very interesting. I wonder what constitutes "an information society" and "an information society service" in the legal senses used above. > >Please note that initiation of transmission is not that your computer >initiated some port, it is a "willful act" of the initiator, i.e. that >someone "presses enter" after writing in the address bar. > >Member states should (are obliged?) to follow this directive in their >legal systems. > >I live in the Czech Republic and after explaining tor and referencing >this Directive, nobody bothered me any further! > >Wishing best luck. Please let us know what is your situation look like. >And dont let yourself get bullied, I'm 99,999% sure you are not liable. >What about free wifis in pubs, libraries etc? Is the librarian a >criminal? It is a nonsense. > >Also, dont forget to mention that you do it for Chinese and Iranian >dissidents ;) > Unless one also lives under a government that dislikes dissent and dissidents, of course. :-) China and Iran are, unfortunately, not the only ones. Scott Bennett, Comm. ASMELG, CFIAG ********************************************************************** * Internet: bennett at cs.niu.edu * *--------------------------------------------------------------------* * "A well regulated and disciplined militia, is at all times a good * * objection to the introduction of that bane of all free governments * * -- a standing army." * * -- Gov. John Hancock, New York Journal, 28 January 1790 * **********************************************************************