On Wednesday 02 January 2013 14:56:59 Moritz Bartl wrote: > There is a fundamental legal difference between operating Internet > Access Providers and Internet Service Providers. As a Tor exit, you > should and want to be judged as a service provider. The key difference > is that Access Providers give you Internet access, whereas Service > Providers (Telemediendienste, "tele media services") give you services > which require (existing) network access. > > Access Providers are bound to the Telekommunikationsgesetz: > http://www.gesetze-im-internet.de/tkg_2004/ Reading the law it is still unclear to me if a Tor node operator is a "Diensteanbieter" (service provider) as defined by the Telekommunikationsgesetz. If yes the law is pretty clear in § 6 that such a service has to be registered at the Bundesnetzagentur if it is done commercially. > > Whereas service providers are bound to the Telemediengesetz: > http://www.gesetze-im-internet.de/tmg/ > > Most interesting for exit operators within German borders are: > §8 - no liability for forwarded content (compare §512a DMCA USA) > §15 - you are not allowed to collect or store user identifying data > unless required for billing purposes
These paragraphs surely help Tor operators. Thanks for your comments. Torland _______________________________________________ tor-relays mailing list tor-relays@lists.torproject.org https://lists.torproject.org/cgi-bin/mailman/listinfo/tor-relays