Hallo, this EU-directive really sounds like beeing written just for Tor-Nodes ! But the question for me is: Are the EU-countries forced to implement ("harmonize") those directives (its from the year 2000 and I've never heard of it) ? Or is it just a "wish" like human rights, and the EU-mebers can do whatever they want (see France with HADOPI etc, the Stockholm program, ....) ?
Greetings, Niklas Am Montag 03 August 2009 04:45:23 schrieb Scott Bennett: > 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 * > **********************************************************************
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