[158404] in North American Network Operators' Group
Re: William was raided for running a Tor exit node. Please help if
daemon@ATHENA.MIT.EDU (Jay Ashworth)
Thu Nov 29 14:45:41 2012
Date: Thu, 29 Nov 2012 14:42:11 -0500 (EST)
From: Jay Ashworth <jra@baylink.com>
To: NANOG <nanog@nanog.org>
In-Reply-To: <CCAF8F74-9F47-4E0F-BC97-33F6F11BDC26@ianai.net>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
----- Original Message -----
> From: "Patrick W. Gilmore" <patrick@ianai.net>
> "Mere conduit" defense. (Please do not anyone mention "common carrier
> status" or the like, ISPs are _not_ common carriers.)
> Do you think if the police found out child pr0n was being served from
> a starbux they wouldn't confiscate the equipment from that store?
Well, pursuant to the "mere conduit" defense, I believe (IANAL) a defensible
case could be made that the (people operating) Tor nodes are not "servers" as
that term is generally understood in the industry, in the same way that web
browser/caches are not "copies" as IP law understands *that* term.
Cheers,
-- jra
--
Jay R. Ashworth Baylink jra@baylink.com
Designer The Things I Think RFC 2100
Ashworth & Associates http://baylink.pitas.com 2000 Land Rover DII
St Petersburg FL USA #natog +1 727 647 1274
