On 7/5/14, no.thing_to-h...@cryptopathie.eu <no.thing_to-h...@cryptopathie.eu> wrote: > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > Hello Tor! > > Running an internal relay in Graz since 7/2013, where William Weber's > appartment was raided in 2012, when some idiot misused his exit for > illegal stuff, I became interested in his case. But I know it only > from the newspapers. > > The raid took place on Wed, 2012-11-28 (1). William did intensive > blogging afterwards (2)(3), the legal process started, and ended this > week Mon, 2014-06-30, with 3 y probation. I found a German article > which provides a good summary (4, Google Translate). > He was not convicted for operating an exit (!!), what is legal in > Austria. But, according to the opinion of the judges, for > "contribution to delinquency" ('Beitragstaeterschaft' in German): > "(...) that he answered in an interview to the question whether he was > aware that Tor could be used for distribution of child pornography, > responded at a conference: "I do not give a fuck.(...)" > "(...) that the prosecutor quoted from chat logs in which he for > anonymous hosting of everything, including child pornography, > recommended Tor (...)" (4)
"Contribution to delinquency" it seems he was charged with. Evidently one must demonstrate one _does_ indeed give a fuck (care for), at least for the law. > - --> The proofs for such an attitude are not really helpful when > getting to court. Undoubtedly. > Anyway, if you would like to help him with his lawyer costs, he takes > Bitcoin donations (5). > > Perhaps next time it's you, or me, or ... > > Best regards > > Anton > > 1) > http://arstechnica.com/tech-policy/2012/11/tor-operator-charged-for-child-porn-transmitted-over-his-servers > 2) http://raided4tor.cryto.net > 3) http://rdns.im > 4) > https://translate.google.com/translate?sl=de&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Ffuturezone.at%2Fnetzpolitik%2Fstrafe-fuer-tor-betreiber-grazer-urteil-wirft-fragen-auf%2F73.173.618%2Fprint&edit-text= > 5) http://raided4tor.cryto.net/donate > > - -- > no.thing_to-hide at cryptopathie dot eu > 0x30C3CDF0, RSA 2048, 24 Mar 2014 > 0FF8 A811 8857 1B7E 195B 649E CC26 E1A5 30C3 CDF0 > Bitmessage (no metadata): BM-2cXixKZaqzJmTfz6ojiyLzmKg2JbzDnApC > > > > On 04/07/14 19:11, MacLemon wrote: >> Hi! >> >> On 04 Jul 2014, at 15:31, Moritz Bartl <mor...@torservers.net> >> wrote: >>> I have talked to multiple lawyers, and this case would be very >>> easy to defend against. William was sadly unable or unwilling to >>> communicate properly, and he's not willing/able to put it to a >>> fight. It is a sad situation overall, but it does not change the >>> clear legal status of relay operation. All lawyers I talked to >>> expect this case to be more complicated than it looks, and it >>> makes no sense to discuss this purely based on what we have right >>> now, which is some lawman's blog post. >> >> I've talked to William's lawyer in person as well as the ISPA >> jurist (Austrian Inter Service Provider's Association) who both >> joined our Tor-ops meeting in Vienna yesterday (2014-07-03). >> >> What I can sum up: It is not illegal to run a Tor relay/exit/bridge >> in Austria. We can not take William's case any further. Doing so >> would neither help William nor help to clear up the legal status of >> running relays in Austria. William's lawyer said he personally >> considers the court judgement to be wrong. >> >> The Austrian Tor-Community is working to form an official >> association (Verein) to get a better standing. Goals shall be >> education about anonymity, better communication with law >> enforcement, better communication with ISPs as well as the usual >> technical mumble to build secure and high bandwidth relays. >> Building up a legal defense fund and getting a clear statement on >> whether Tor-networks fall under the legal term of „communications >> network“ as defined in ECG §13 is also part of that. >> >> >> So if you're in Austria and run a relay/exit/bridge, please get in >> touch, join our Mailinglist (yes another one) at torservers.at to >> see if you can help and to stay in the loop. >> >> Best regards MacLemon -- tor-talk mailing list - tor-talk@lists.torproject.org To unsubscribe or change other settings go to https://lists.torproject.org/cgi-bin/mailman/listinfo/tor-talk