tor-webwml.git

@@ -7,123 +7,109 @@

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-<h2>Response template for Tor relay maintainer to ISP</h2>

+<h2>Response template for Tor relay operator to ISP</h2>

 <hr>

-<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>Written by the Electronic Frontier Foundation (<a

+href="https://www.eff.org">EFF</a>). Last updated May 31, 2011.</p>

+<p>Note to Tor relay operators: In this litigious era, anyone providing

+routing services may face copyright complaints for transmitted content.

+Fortunately, the Digital Millennium Copyright Act safe harbors should

+provide protections from many of them�both to you and to your upstream

+provider. If your Internet host forwards a DMCA copyright complaint to

+you, you can use this template to write a response, though you will need

+to customize it to your situation. Please also ensure all the statements

+are true for you.  (The Tor Project has an <a

+href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/TorAbuseTemplates">abuse

+collection of templates</a> to help you respond to other types of abuse

+complaints, too.) 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>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>,

+your ISP has received a DMCA notice will turn on the particular facts of

+your situation. This template is intended as a starting point, but you

+should tailor it to your own circumstances. In addition, 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>If you do not believe the safe harbors apply to your particular

+situation, don't use this template as a basis for your response.

+Specific information about safe harbor qualification for "transitory

+digital network communications" is provided on the Chilling Effects

+website <a

+href="https://www.chillingeffects.org/dmca512/faq.cgi#QID586">here</a>

+and also in the template, below.</p>

+

+<p>Also, if you received this document from anywhere other than the EFF

+web site or <a

+href="<page eff/tor-dmca-response>"

+title="<page eff/tor-dmca-response>"><page eff/tor-dmca-response></a>,

 it may be out of date. Follow the link to get the latest version.</p>

-

-<hr>

-

-<p>Dear [ISP]:</p>

-

+<blockquote><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>)

+claimant] regarding [content]. I would like to assure you that I am not

+hosting the claimed infringing materials, and furthermore, the Digital

+Millennium Copyright Act's ("DMCA") safe harbors likely protect you from

+liability arising from this complaint. The notice is likely based upon

+misunderstandings about the law and about some of the software I

+run.</p>

+<p>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

+familiar with the "notice and takedown" provisions of section 512(c) of

+the DMCA; however, those do not apply when an ISP merely acts as a

+conduit. Instead, the "conduit" safe harbor of section 512(a) of the

+DMCA has different and less burdensome eligibility requirements, as the

+D.C. Circuit Court of Appeals held in RIAA v. Verizon (see <a

+href="https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf"

+title="https://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf">https://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

+(see <a href="https://w2.eff.org/IP/P2P/Charter/033802P.pdf"

+title="https://w2.eff.org/IP/P2P/Charter/033802P.pdf">https://w2.eff.org/IP/P2P/Charter/033802P.pdf</a>).</p>

+<p>Under DMCA 512(a), service providers like you are typically protected

+from damages for copyright infringement claims if you also 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, and you otherwise qualify for the safe harbor, you should be

+free from fear of copyright damages.</p>

+

+<p>As for what makes a reasonable policy, as the law says, it's one that

+terminates subscribers who are repeat infringers. The notification you

+received is certainly not proof of the "repeat infringement" that is

+required under the law before you need to terminate my account. In fact,

+it�s not even proof of any copyright infringement; a notice claiming

+infringement is not the same as a determination of infringement. I have

+not infringed any copyrights and do not intend to do so. Therefore, you

+should continue to be protected under the DMCA 512(a) safe harbor

+without taking any further action. </p>

+<p>You may be curious about what prompted the faulty notice. It was

+likely triggered by 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 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 intermediary 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

+protection from nefarious snooping on network traffic. The result is

+that, unlike most other Internet traffic, the final IP address that the

+recipient receives is not the IP address of the sender. 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,

+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/"

+title="https://www.torproject.org/">https://www.torproject.org/</a>.) I

+hope, as an organization committed to protecting the privacy of its

+customers, 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>

-Very truly yours,<br>

-Your customer, [User]

-</p>

+protections of DMCA 512 put any concerns you may have to rest. If not,

+please contact me with any further questions. </p>

+<p>Very truly yours,<br />

+Your customer, [User]</p></blockquote>

 </div><!-- #main -->

@@ -216,9 +216,6 @@ create copyright liability for either operators or their bandwidth

 providers, EFF is interested in hearing from you. Read more <a

 href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">here</a>

 about being EFF's test case.</p>

-<p><a href=https://www.eff.org/torchallenge/setting-up/>» Set up a Tor

-Relay now!</a></p>

-

 </div><!-- #main -->