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 <h2>Response template for Tor relay maintainer to ISP</h2>
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 <p>Written by the Electronic Frontier
 Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 19 Feb 2005.</p>
 
 <p>Note to Tor relay operators:   In this litigous era, anyone
 providing routing services may face copyright complaints under the
 Digital Millennium Copyright Act. Thankfully, the DMCA safe harbors
 provide immunity from many of them -- both to you and to your
 upstream provider.  If your Internet host forwards a DMCA complaint
 to you, here's a template you can use to write a response.  You can
 tailor this to your own circumstances: if you think your host would
 be disturbed to hear you're running a relay on the network, you may
 want to take that part out.  Of course it's up to you to comply with
 your ISP's terms of service.  If you're not comfortable including so
 much legal explanation, feel free to invite the ISP to contact EFF
 for a fuller discussion.</p>
 
 <p>This template letter is for informational purposes only and does not
 constitute legal advice. Whether and how you should respond when you or
 your ISP has received a DMCA notice will turn on the particular facts
 of your situation. This template is intended as a starting point. Before
 sending any response to your ISP, you may want to seek the advice of an
 attorney licensed to practice in your jurisdiction.</p>
 
 <p>Also, if you received this document from anywhere besides <a
 href="https://torproject.org/eff/tor-dmca-response.html">https://www.torproject.org/eff/tor-dmca-response.html</a>,
 it may be out of date. Follow the link to get the latest version.</p>
 
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 <p>Dear [ISP]:</p>
 
 <p>Thank you for forwarding me the notice you received from [copyright
 claimant] regarding [content].  I would like to assure you that,
 contrary to the assertions in the notice, 1) I am not hosting or
 making available the claimed infringing materials, and 2) you are
 already protected by the Digital Millennium Copyright Act's ("DMCA")
 safe harbor from any liability arising from this complaint.   The
 notice is incorrect, probably based upon misunderstandings about law
 and about some of the software I run.
 </p>
 
 <p>
 First, in terms of legal liability, this notice does not create any
 risk for you as a service provider.  As you know, the DMCA creates
 four "safe harbors" for service providers to protect them from
 copyright liability for the acts of their users, when the ISPs
 fulfill certain requirements. (17 U.S.C. � 512)   The DMCA's
 requirements vary depending on the ISP's role.  You may be most
 familiar with the "notice and takedown" provisions of DMCA 512(c),
 but those apply only to content hosted on your servers, or to linking
 and caching activity. The "takedown notice" provisions do not apply
 when an ISP merely acts as a conduit.  Instead, the "conduit" safe
 harbor of DMCA 512(a) has different and less burdensome requirements,
 as the D.C. Circuit Court of Appeals held in RIAA v. Verizon (see
 <a href="http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf">http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf</a>)
 and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
 (see <a href="http://www.eff.org/IP/P2P/Charter/033802P.pdf">http://www.eff.org/IP/P2P/Charter/033802P.pdf</a>).
 </p>
 
 <p>
 Here, any content that came from or through my computers merely
 passed through your network, so DMCA 512(a) applies.  Under DMCA
 512(a), you are immune from money damages for copyright infringement
 claims if you maintain "a policy that provides for termination in
 appropriate circumstances of subscribers and account holders of the
 service provider's system or network who are repeat infringers."  If
 you have and implement such a policy, you are free from fear of
 copyright damages, period.
 </p>
 
 <p>
 As for what makes a reasonable policy, as the law says, it's one that
 only terminates subscribers who are repeat infringers. A notice
 claiming infringement is not the same as a determination of
 infringement. The notification you received is not proof of any
 copyright infringement, and it certainly is not proof of the "repeat
 infringement" that is required under the law before you need to
 terminate my account.  I have not infringed any copyrights and do not
 intend to do so.  Therefore, you continue to be protected under the
 DMCA 512(a) safe harbor, without taking any further action.
 </p>
 
 <p>
 You might be curious, though, about what did trigger the notice.  The
 software that likely triggered the faulty notice is a program I run
 called Tor.  Tor is network software that helps users to enhance
 their privacy, security, and safety online. It does not host or make
 available any content.  Rather, it is part of a network of nodes on
 the Internet that simply pass packets among themselves before sending
 them to their destinations, just as any Internet host does.  The
 difference is that Tor tunnels the connections such that no hop can
 learn both the source and destination of the packets, giving users
 protection from nefarious snooping on network traffic.  Tor protects
 users against hazards such as harassment, spam, and identity theft.
 In fact, initial development of Tor, including deployment of a
 public-use Tor network, was a project of the U.S. Naval Research
 Laboratory, with funding from ONR and DARPA. (For more on Tor,
 see <a
 href="https://www.torproject.org/">https://www.torproject.org/</a>.)
 As an organization committed to
 protecting the privacy of its customers, I hope you'll agree that
 this is a valuable technology.
 </p>
 
 <p>
 Thank you for working with me on this matter.  As a loyal subscriber,
 I appreciate your notifying me of this issue and hope that the
 complete protections of DMCA 512 put any concerns you may have at
 rest. If not, please contact me with any further questions.
 </p>
 
 <p>
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 Very truly yours,<br>
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 Your customer, [User]
 </p>
 
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