[tor-relays] Prepared for [Raided for running a Tor exit node]?

2012-11-30 Thread grarpamp
> Only regarding home Wireless access in the US
> I was involved in a case with just this situation.
>
> According to my lawyer there is no consensus on who is responsible for wifi.
> Every State has different laws each one is just a vague.
> In NY, if your wireless is secured (pw protected) you are ok.
> In NH, you are responsible for all data that passes your wifi point secured
> or not.
> In MA(my state)  there is no specific law

Putting links to such laws on the Tor wiki would be useful for
operators and users to know.

It would seem hard to believe that there are 'must secure' laws [1] in
the US or elsewhere. Even harder that anyone would be sentenced...
regardless of whether their AP is open, 12345, or dR;$8w@G...
merely for traffic traversing their AP/node that was not theirs, or that
cannot be proven was theirs. Not that you wouldn't be questioned,
charged or held before the case was dropped.

[1] There are 'must secure' civil ISP contracts. They are only meant
to 'secure' more revenue (no account/line sharing) for the ISP and
save revenue from dealing with whatever headaches your open
AP/node creates. And criminal 'theft of service' laws for the same
reasons.

> you just need a good lawyer  :)

This (and links to the actual laws) are much easier to believe.

Because if someone here took the NY example above literally and
did illegal deeds via their secured wifi thinking that example was
the law (and thus their immunity), they be jailed pretty quickly.

And what does being forced to secure or responsible mean?
If you hit a bug, exploit, or get cracked, and can show it, you're jailed?
What if there is no proof either way but the existence of traffic, is the
user then jailed by default?
What if no evidence but crypted disk, or questions as to character/belief?

In those crazy places even 100% lily white users would seem better
off running an open AP/node and risking that lone lesser charge [2]
than attempting to be rather secure, risking a crack, and being held
responsible for some major crime.
[2] If the major wasn't dropped, at least they'd be jailed with evidence
the access was open, which looks a lot better than if it wasn't.

The crazy is why you're supposed to visit, write, call and email your
lawmakers, educate your executive, and hang your jury.
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Re: [tor-relays] Suggestions for Tor Relay Operators after a Police interaction

2012-11-30 Thread tor-admin
On Friday, 30. November 2012, 09:14:34 Andrew Lewman wrote:
> 2. Find legal representation. A list of possible legal advisers can be
> found here,
> https://blog.torproject.org/blog/start-tor-legal-support-directory. If
> none of these people are in your country, or close to you, ask either
> the EFF or Tor Project. We can likely help you find someone in your
> jurisdiction.
For people in the German jurisdiction the CCC maintains a list of lawyers who 
are familiar with Tor. This list can be requested at torwarte AT ccc.de.

Regards,

Torland
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[tor-relays] Suggestions for Tor Relay Operators after a Police interaction

2012-11-30 Thread Andrew Lewman
# Suggestions for Tor Relay Operators after a Police interaction

Disclaimer: We are not lawyers, and this is not legal advice. This is
friendly advice from those of us at Tor who work with relay operators
after a police visit or raid. This is a collection of suggestions of
what we've gathered from five years of helping people like you. Exit
relay operator visits are exceedingly rare. You are in the 1% of
operators ever visited or even raided by a police force.

If you're reading this message, then you probably have a poor
photocopy of the warrant the police served to you. The warrant may
mention Tor and some suspected criminal activity (such as terrorism,
money laundering, child abuse materials, or copyright violations).

1. Read the EFF legal FAQ for relay operators,
https://www.torproject.org/eff/tor-legal-faq.html.en.

2. Find legal representation. A list of possible legal advisers can be
found here,
https://blog.torproject.org/blog/start-tor-legal-support-directory. If
none of these people are in your country, or close to you, ask either
the EFF or Tor Project. We can likely help you find someone in your
jurisdiction.

3. Get a copy of the full warrant. There is a generally a process to get
a full copy of the warrant. It will have details you'll need to know to
defend yourself. At a minimum, it's likely to have a timestamp and IP
address of your exit relay.

4. Make sure the IP address in question is your exit relay and was a
valid relay at the time in question. We make available the exonerator
tool to look through the entire history of the Tor Network to find your
relay, https://metrics.torproject.org/exonerator.html.

5. Get in touch with The Tor Project, preferably by email, see
https://www.torproject.org/about/contact for finding ways to reach us.
If you need someone official to explain Tor to either a bondsman, judge,
or the police, generally phone works best,
https://www.torproject.org/about/contact#phone. When you contact Tor, we
need the following details in order to help you maintain your innocence:

 - The IP address of each relay.
 - The timestamp (date and time of day) for each IP address in the
warrant.
 - How to reach you or your legal adviser.

6. Likely, your legal adviser is going to want a signed, notarized,
official letter from the Tor Project stating the IP address was or was
not an exit relay at the date and time in question. They are going to
want this mailed via trackable method (FedEx, UPS, DHL, registered mail,
etc). We need to know if you want one letter per IP/timestamp
combination, or if we can put everything into one letter.

Best of luck going forward. The police generally only receive an IP
address and a street address. They do not know it is a tor exit relay.
Some national police forces in Europe and North America are
sophisticated enough to determine "tor or not" before they execute a
warrant. Generally, but not always, these national police forces send
detectives to interview you (known as a "knock and talk"), rather than
send in a SWAT team (known as a raid). The press repeats the SWAT team
stories because it generates page views for their organization. It's
not the norm.

Tor is available for further help, whether it be as an expert witness,
further explanations of how Tor works, etc. Just ask for help, we're
happy to do so. By sharing your experience with us, you also help us to
help law enforcement understand Tor better in the future. Thanks for
sharing and thanks for running a relay.

-- 
Andrew
http://tpo.is/contact
pgp 0x6B4D6475
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