Roger Dingledine commited on 2014-06-05 04:16:48
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<h2>The Legal FAQ for Tor Relay Operators.</h2> |
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<hr> |
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-<p>FAQ written by the Electronic Frontier Foundation (<a |
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-href="https://www.eff.org">EFF</a>). Last updated August 24, 2011.</p> |
|
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-<p>NOTE: This FAQ is for informational purposes only and does not |
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+<p><strong>FAQ written by the Electronic Frontier Foundation (EFF). Last |
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+updated April 21, 2014.</strong></p> |
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+ |
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+<p><em>NOTE: This FAQ is for informational purposes only and does not |
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constitute legal advice. Our aim is to provide a general description of |
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the legal issues surrounding Tor in the United States. Different factual |
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situations and different legal jurisdictions will result in different |
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answers to a number of questions. Therefore, please do not act on this |
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-information alone; if you have any specific legal problems, issues, or |
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-questions, seek a complete review of your situation with a lawyer |
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-licensed to practice in your jurisdiction.</p> |
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-<p>Also, if you received this document from anywhere besides the EFF web |
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-site or <a |
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+information alone; if you have any specific legal problems, issues, |
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+or questions, seek a complete review of your situation with a lawyer |
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+licensed to practice in your jurisdiction.</em></p> |
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+ |
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+<p>Also, if you received this |
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+document from anywhere besides the EFF web site or <a |
|
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href="<page eff/tor-legal-faq>">https://www.torproject.org/eff/tor-legal-faq.html</a>, |
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it may be out of date. Follow the link to get the latest version.</p> |
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-<p>Got a DMCA notice? Check out our <a |
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-href="<page eff/tor-dmca-response>">sample response |
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-letter!</a></p> |
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+ |
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+<p>Got a DMCA notice? Check out our <a href="<page |
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+eff/tor-dmca-response>">sample response letter</a>!</p> |
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+ |
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<h2>General Information</h2> |
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-<p><b>Has anyone ever been sued or prosecuted for running Tor?</b></p> |
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- |
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-<p><b>No</b>, we aren’t aware of anyone being sued or prosecuted in the |
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-United States for running a Tor relay. Further, we believe that running |
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-a Tor relay — including an exit relay that allows people to |
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-anonymously send and receive traffic — is lawful under U.S. |
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-law.</p> |
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-<p><b>Should I use Tor or encourage the use of Tor for illegal |
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-purposes?</b></p> |
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+ |
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+<h3>Has anyone ever been sued or prosecuted for running Tor?</h3> |
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+ |
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+<p><b>No</b>, we aren't aware of anyone being sued or prosecuted in the |
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+United States just for running a Tor relay. Further, we believe that |
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+running a Tor relay — including an exit relay that allows people to |
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+anonymously send and receive traffic — is legal under U.S. law.</p> |
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+ |
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+<h3>Should I use Tor or encourage the use of Tor for illegal purposes?</h3> |
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+ |
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<p><b>No.</b> Tor has been developed to be a tool for free expression, |
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privacy, and human rights. It is not a tool designed or intended to be |
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used to break the law, either by Tor users or Tor relay operators.</p> |
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-<p><b>Can EFF promise that I won't get in trouble for running a Tor |
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-relay?</b></p> |
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+ |
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+<h3>Can EFF promise that I won't get in trouble for running a Tor |
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+relay?</h3> |
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+ |
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<p><b>No.</b> All new technologies create legal uncertainties, and Tor |
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-is no exception. Presently, no court has ever considered any case |
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-involving the Tor technology, and we therefore cannot guarantee that you |
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-will never face any legal liability as a result of running a Tor relay. |
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-However, EFF believes so strongly that those running Tor relays |
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-shouldn't be liable for traffic that passes through the relay that we're |
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-running our own middle relay. </p> |
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- |
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-<p><b>Will EFF represent me if I get in trouble for running a Tor |
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-relay?</b></p> |
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-<p><b>Maybe.</b> While EFF cannot promise legal representation for all |
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-Tor relay operators, it will assist relay operators in assessing the |
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-situation and will try to locate qualified legal counsel when necessary. |
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-Inquiries to EFF for the purpose of securing legal representation or |
|
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-referrals should be directed to our intake coordinator (<a |
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-href="mailto:info@eff.org">info@eff.org</a> or US +1 (415) 436-9333). |
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-Such inquiries will be kept confidential subject to the limits of the |
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-attorney/client privilege. Note that although EFF cannot practice law |
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-outside of the United States, it will still try to assist non-U.S. relay |
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-operators in finding local representation.</p> |
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-<p><b>Should I contact the Tor developers when I have legal questions |
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+is no exception. We cannot guarantee that you will never face any legal |
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+liability as a result of running a Tor relay. However, EFF believes so |
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+strongly that those running Tor relays shouldn't be liable for traffic |
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+that passes through the relay that we're running our own middle relay.</p> |
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+ |
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+<h3>Will EFF represent me if I get in trouble for running a Tor relay?</h3> |
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+ |
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+<p><b>Maybe.</b> While EFF cannot promise legal representation for all Tor |
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+relay operators, it will assist relay operators in assessing the situation |
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+and will try to locate qualified legal counsel when necessary. Inquiries |
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+to EFF for the purpose of securing legal representation or referrals |
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+should be directed to our intake coordinator by sending an email to <a |
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+href="mailto:info@eff.org">info@eff.org</a> . Such inquiries will be kept |
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+confidential subject to the limits of the attorney/client privilege. Note |
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+that although EFF cannot practice law outside of the United States, |
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+it will still try to assist non-U.S. relay operators in finding local |
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+representation.</p> |
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+ |
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+<h3>Should I contact the Tor developers when I have legal questions |
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about Tor or to inform them if I suspect Tor is being used for illegal |
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-purposes?</b></p> |
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+purposes?</h3> |
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+ |
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<p><b>No.</b> Tor's developers are available to answer technical |
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questions, but they are not lawyers and cannot give legal advice. Nor do |
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they have any ability to prevent illegal activity that may occur through |
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-Tor relays. Furthermore, your communications with Tor's developers are |
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-not protected by any legal privilege, so law enforcement or civil |
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-litigants could subpoena and obtain any information you give to |
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-them.</p> |
|
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-<p>You can contact <a href="mailto:info@eff.org">info@eff.org</a> if you |
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-face a specific legal issue. We will try to assist you, but given EFF's |
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-small size, we cannot guarantee that we can help everyone. </p> |
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- |
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-<p><b>Do Tor's core developers make any promises about the |
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-trustworthiness or reliability of Tor relays that are listed in their |
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-directory?</b></p> |
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+Tor relays. Furthermore, your communications with Tor's developers |
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+are not protected by any legal privilege, so law enforcement or civil |
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+litigants could subpoena and obtain any information you give to them.</p> |
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+ |
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+<p>You can contact <a href="mailto:info@eff.org">info@eff.org</a> if |
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+you face a specific legal issue. We will try to assist you, but given |
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+EFF's small size, we cannot guarantee that we can help everyone.</p> |
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+ |
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+<h3>Do Tor's core developers make any promises about the trustworthiness |
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+or reliability of Tor relays that are listed in their directory?</h3> |
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+ |
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<p><b>No.</b> Although the developers attempt to verify that Tor relays |
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-listed in the directory maintained by the core developers are stable and |
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-have adequate bandwidth, neither they nor EFF can guarantee the personal |
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-trustworthiness or reliability of the individuals who run those relays. |
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-Tor's core developers further reserve the right to refuse a Tor relay |
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-operator's request to be listed in their directory or to remove any |
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-relay from their directory for any reason.</p> |
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+listed in the directory maintained by the core developers are stable |
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+and have adequate bandwidth, neither they nor EFF can guarantee the |
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+personal trustworthiness or reliability of the individuals who run those |
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+relays. Tor's core developers further reserve the right to refuse a Tor |
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+relay operator's request to be listed in their directory or to remove |
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+any relay from their directory for any reason.</p> |
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+ |
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<h2>Exit Relays</h2> |
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+ |
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<p>Exit relays raise special concerns because the traffic that exits |
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from them can be traced back to the relay's IP address. While we believe |
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-that running an exit is legal, it is statistically likely that an exit |
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-relay will at some point be used for illegal purposes, which may attract |
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-the attention of private litigants or law enforcement. An exit relay may |
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-forward traffic that is considered unlawful, and that traffic may be |
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-attributed to the operator of a relay. If you are not willing to deal |
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-with that risk, a bridge or middle relay may be a better fit for you. |
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-These relays do not directly forward traffic to the Internet and so |
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-can't be easily mistaken for the origin of allegedly unlawful |
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-content.</p> |
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+that running an exit relay is legal, it is statistically likely that an |
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+exit relay will at some point be used for illegal purposes, which may |
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+attract the attention of private litigants or law enforcement. An exit |
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+relay may forward traffic that is considered unlawful, and that traffic |
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+may be attributed to the operator of a relay. If you are not willing to |
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+deal with that risk, a bridge or middle relay may be a better fit for |
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+you. These relays do not directly forward traffic to the Internet and so |
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+can't be easily mistaken for the origin of allegedly unlawful content.</p> |
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+ |
|
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<p>The Tor Project's blog has some excellent <a |
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href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">recommendations</a> |
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-for running an exit with as little risk as possible. We suggest that you |
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-review their advice before setting up an exit relay.</p> |
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-<p><b>Should I run an exit relay from my home?</b></p> |
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+for running an exit with as little risk as possible. We suggest that |
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+you review their advice before setting up an exit relay.</p> |
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+ |
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+<h3>Should I run an exit relay from my home?</h3> |
|
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|
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<p><b>No.</b> If law enforcement becomes interested in traffic from your |
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exit relay, it's possible that officers will seize your computer. For |
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@@ -112,26 +122,29 @@ your home Internet connection. </p> |
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href="https://trac.torproject.org/projects/tor/wiki/doc/GoodBadISPs">commercial |
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facility</a> that is supportive of Tor. Have a separate IP address for |
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your exit relay, and don't route your own traffic through it.</p> |
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+ |
|
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<p>Of course, you should avoid keeping any sensitive or personal |
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-information on the computer hosting your exit relay, and you never |
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-should use that machine for any illegal purpose.</p> |
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-<p><b>Should I tell my ISP that I'm running an exit relay?</b></p> |
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-<p><b>Yes.</b> Make sure you have a Tor-friendly ISP that knows you're |
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-running an exit relay and supports you in that goal. This will help |
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-ensure that your Internet access isn't cut off due to abuse complaints. |
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-The Tor community maintains a <a |
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+information on the computer hosting your exit relay, and you never should |
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+use that machine for any illegal purpose.</p> |
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+ |
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+<h3>Should I tell my ISP that I'm running an exit relay?</h3> |
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+ |
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+<p><b>Yes.</b> Make sure you have a Tor-friendly ISP that |
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+knows you're running an exit relay and supports you in that |
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+goal. This will help ensure that your Internet access isn't |
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+cut off due to abuse complaints. The Tor community maintains a <a |
|
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href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/GoodBadISPs">list</a> |
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-of ISPs that are particularly Tor-savvy, as well as ones that |
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-aren't.</p> |
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+of ISPs that are particularly Tor-savvy, as well as ones that aren't.</p> |
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+ |
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+<h3>Is it a good idea to let others know that I'm running an exit relay?</h3> |
|
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|
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-<p><b>Is it a good idea to let others know that I'm running an exit |
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-relay?</b></p> |
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<p><b>Yes.</b> Be as transparent as possible about the fact that you're |
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-running an exit relay. If your exit traffic draws the attention of the |
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-government or disgruntled private party, you want them to figure out |
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-quickly and easily that you are part of the Tor network and not |
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+running an exit relay. If your exit traffic draws the attention of |
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+the government or disgruntled private party, you want them to figure |
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+out quickly and easily that you are part of the Tor network and not |
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responsible for the content. This could mean the difference between |
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having your computer seized by law enforcement and being left alone.</p> |
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+ |
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<p>The Tor Project <a |
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href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">suggests</a> |
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the following ways to let others know that you're running an exit |
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@@ -143,77 +157,88 @@ the computer is an exit relay.</li> |
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href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/tor-exit-notice.html">this</a> |
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to explain that you're running an exit relay that's part of the Tor |
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network.</li> |
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- |
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-<li>If possible, get an <a href="https://www.arin.net">ARIN</a> |
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+<li>If possible, get an <a href="https://www.arin.net/">ARIN</a> |
|
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registration for your exit relay that displays contact information for |
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-you, not your ISP. This way, you'll receive any abuse complaints and can |
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-respond to them directly. Otherwise, try to ensure that your ISP |
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+you, not your ISP. This way, you'll receive any abuse complaints and |
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+can respond to them directly. Otherwise, try to ensure that your ISP |
|
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forwards abuse complaints that it receives to you.</li> |
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</ul> |
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-<p><b>Should I snoop on the plaintext traffic that exits through my Tor |
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-relay?</b></p> |
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+ |
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+<h3>Should I snoop on the plaintext traffic that exits through my Tor |
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+relay?</h3> |
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+ |
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<p><b>No.</b> You may be technically capable of modifying the Tor source |
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code or installing additional software to monitor or log plaintext that |
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-exits your relay. However, Tor relay operators in the United States can |
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-possibly create civil and even criminal liability for themselves under |
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-state or federal wiretap laws if they monitor, log, or disclose Tor |
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-users' communications, while non-U.S. operators may be subject to |
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-similar laws. Do not examine the contents of anyone's communications |
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-without first talking to a lawyer.</p> |
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-<p><b>If I receive a subpoena or other information request from law |
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-enforcement or anyone else related to my Tor relay, what should I |
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-do?</b></p> |
|
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+exits your relay. However, Tor relay operators in the United States |
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+can possibly create civil and even criminal liability for themselves |
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+under state or federal wiretap laws if they monitor, log, or disclose |
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+Tor users' communications, while non-U.S. operators may be subject |
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+to similar laws. Do not examine anyone's communications without first |
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+talking to a lawyer.</p> |
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+ |
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+<h3>If I receive a subpoena or other information request from law |
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+enforcement or anyone else related to my Tor relay, what should I do?</h3> |
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+ |
|
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<p><b>Educate them about Tor.</b> In most instances, properly configured |
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-Tor relays will have no useful data for inquiring parties, and you |
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-should feel free to educate them on this point. To the extent you do |
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-maintain logs, however, you should not disclose them to any third party |
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-without first consulting a lawyer. In the United States, such a |
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-disclosure may violate the Electronic Communications Privacy Act, and |
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-relay operators outside of the United States may be subject to similar |
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-data protection laws.</p> |
|
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+Tor relays will have no useful data for inquiring parties, and you should |
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+feel free to educate them on this point. To the extent you do maintain |
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+logs, however, you should not disclose them to any third party without |
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+first consulting a lawyer. In the United States, such a disclosure may |
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+violate the Electronic Communications Privacy Act, and relay operators |
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+outside of the United States may be subject to similar data protection |
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+laws.</p> |
|
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|
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<p>You may receive legal inquiries where you are prohibited by law from |
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-telling anyone about the request. We believe that, at least in the |
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-United States, such gag orders do not prevent you from talking to a |
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-lawyer, including calling a lawyer to find representation. Inquiries to |
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-EFF for the purpose of securing legal representation should be directed |
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-to our intake coordinator (info at eff.org or US +1 (415) 436-9333). |
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-Such inquiries will be kept confidential subject to the limits of the |
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-attorney/client privilege.</p> |
|
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-<p>For more information about responding to abuse complaints and other |
|
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-inquiries, check out the <a |
|
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-href="<page docs/faq-abuse>">Tor Abuse |
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-FAQ</a> and the collection of <a |
|
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+telling anyone about the request. We believe that, at least in the United |
|
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+States, such gag orders do not prevent you from talking to a lawyer, |
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+including calling a lawyer to find representation. Inquiries to EFF |
|
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+for the purpose of securing legal representation should be directed to |
|
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+our intake coordinator (info at eff.org) Such inquiries will be kept |
|
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+confidential subject to the limits of the attorney/client privilege.</p> |
|
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+ |
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+<p>For more information about responding to abuse |
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+complaints and other inquiries, check out the <a |
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+href="<page docs/faq-abuse>">Tor |
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+Abuse FAQ</a> and the collection of <a |
|
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href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/TorAbuseTemplates">abuse |
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response templates</a> on the Tor Project’s website.</p> |
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-<p><b>My ISP, university, etc. just sent me a DMCA notice. What should I |
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-do?</b></p> |
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-<p>EFF has written a <a |
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-href="<page eff/tor-dmca-response>">short template</a> to help |
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-you write a response to your ISP, university, etc., to let them know |
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-about the details of the Digital Millennium Copyright Act’s safe harbor, |
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-and how Tor fits in. Note that template only refers to U.S. |
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-jurisdictions, and is intended only to address copyright complaints that |
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-are based on a relay of allegedly infringing material through the Tor |
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-node. </p> |
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+ |
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+<p>For information on what to do if law enforcement |
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+seeks access to your digital devices, check out EFF’s <a |
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+href="https://www.eff.org/wp/know-your-rights">Know Your Rights</a> |
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+guide.</p> |
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+ |
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+<h3>My ISP, university, etc. just sent me a DMCA notice. What should |
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+I do?</h3> |
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+ |
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+<p>EFF has written a <a href="<page eff/tor-dmca-response>">short |
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+template</a> to help you write a response to your ISP, university, etc., |
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+to let them know about the details of the Digital Millennium Copyright |
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+Act’s safe harbor, and how Tor fits in. Note that template only |
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+refers to U.S. jurisdictions, and is intended only to address copyright |
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+complaints that are based on a relay of allegedly infringing material |
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+through the Tor node.</p> |
|
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|
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<p>If you like, you should consider submitting a copy of your notice to |
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-<a href="https://www.chillingeffects.org">Chilling Effects</a>. This |
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+<a href="https://www.chillingeffects.org/">Chilling Effects</a>. This |
|
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will help us recognize trends and issues that the lawyers might want to |
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focus on. Chilling Effects encourages submissions from people outside |
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the United States too.</p> |
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-<p>EFF believes that Tor relays are protected from copyright liability |
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-under the DMCA, although no court has yet addressed the issue in the |
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-context of Tor itself. If you are uncomfortable with this uncertainty, |
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-you may consider using a <a |
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-href="<page docs/faq>#ExitPolicies">reduced |
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-exit policy</a> (such as the default policy suggested by the Tor |
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-Project) to try to minimize traffic types that are often targeted in |
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-copyright complaints. </p> |
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-<p>If you are a Tor relay operator willing to stand up and help set a |
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-clear legal precedent establishing that merely running a relay does not |
|
215 |
-create copyright liability for either operators or their bandwidth |
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-providers, EFF is interested in hearing from you. Read more <a |
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+ |
|
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+<p>EFF believes that Tor relays should be protected from copyright |
|
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+liability for the acts of their users because a Tor relay operator |
|
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+can raise an immunity defense under the DMCA as well as defenses |
|
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+under copyright's secondary liability doctrines. However, no court |
|
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+has yet addressed these issues in the context of Tor itself. If |
|
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+you are uncomfortable with this uncertainty, you may consider using |
|
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+a <href="<page docs/faq>#ExitPolicies">reduced exit policy</a> (such |
|
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+as the default policy suggested by the Tor Project) to try to minimize |
|
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+traffic types that are often targeted in copyright complaints.</p> |
|
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+ |
|
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+<p>If you are a Tor relay operator willing to stand up and help set |
|
239 |
+a clear legal precedent establishing that merely running a relay |
|
240 |
+does not create copyright liability for either operators or their |
|
241 |
+bandwidth providers, EFF is interested in hearing from you. Read more <a |
|
217 | 242 |
href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">here</a> |
218 | 243 |
about being EFF's test case.</p> |
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|
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