*shakes fist angrily at people editing blog titles*
... | ... |
@@ -107,7 +107,7 @@ you. These relays do not directly forward traffic to the Internet and so |
107 | 107 |
can't be easily mistaken for the origin of allegedly unlawful content.</p> |
108 | 108 |
|
109 | 109 |
<p>The Tor Project's blog has some excellent <a |
110 |
-href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">recommendations</a> |
|
110 |
+href="https://blog.torproject.org/blog/tips-running-exit-node">recommendations</a> |
|
111 | 111 |
for running an exit with as little risk as possible. We suggest that |
112 | 112 |
you review their advice before setting up an exit relay.</p> |
113 | 113 |
|
... | ... |
@@ -146,7 +146,7 @@ responsible for the content. This could mean the difference between |
146 | 146 |
having your computer seized by law enforcement and being left alone.</p> |
147 | 147 |
|
148 | 148 |
<p>The Tor Project <a |
149 |
-href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">suggests</a> |
|
149 |
+href="https://blog.torproject.org/blog/tips-running-exit-node">suggests</a> |
|
150 | 150 |
the following ways to let others know that you're running an exit |
151 | 151 |
relay:</p> |
152 | 152 |
|
... | ... |
@@ -154,7 +154,7 @@ relay:</p> |
154 | 154 |
<li>Set up a reverse DNS name for the IP address that makes clear that |
155 | 155 |
the computer is an exit relay.</li> |
156 | 156 |
<li>Set up a notice like <a |
157 |
-href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/operator-tools/tor-exit-notice.html">this</a> |
|
157 |
+href="https://gitweb.torproject.org/tor.git/plain/contrib/operator-tools/tor-exit-notice.html">this</a> |
|
158 | 158 |
to explain that you're running an exit relay that's part of the Tor |
159 | 159 |
network.</li> |
160 | 160 |
<li>If possible, get an <a href="https://www.arin.net/">ARIN</a> |
... | ... |
@@ -154,7 +154,7 @@ relay:</p> |
154 | 154 |
<li>Set up a reverse DNS name for the IP address that makes clear that |
155 | 155 |
the computer is an exit relay.</li> |
156 | 156 |
<li>Set up a notice like <a |
157 |
-href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/tor-exit-notice.html">this</a> |
|
157 |
+href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/operator-tools/tor-exit-notice.html">this</a> |
|
158 | 158 |
to explain that you're running an exit relay that's part of the Tor |
159 | 159 |
network.</li> |
160 | 160 |
<li>If possible, get an <a href="https://www.arin.net/">ARIN</a> |
(no big substantive changes)
... | ... |
@@ -10,132 +10,146 @@ |
10 | 10 |
<h2>The Legal FAQ for Tor Relay Operators.</h2> |
11 | 11 |
<hr> |
12 | 12 |
|
13 |
-<p>FAQ written by the Electronic Frontier Foundation (<a |
|
14 |
-href="https://www.eff.org">EFF</a>). Last updated August 24, 2011.</p> |
|
15 |
-<p>NOTE: This FAQ is for informational purposes only and does not |
|
13 |
+<p><strong>FAQ written by the Electronic Frontier Foundation (EFF). Last |
|
14 |
+updated April 21, 2014.</strong></p> |
|
15 |
+ |
|
16 |
+<p><em>NOTE: This FAQ is for informational purposes only and does not |
|
16 | 17 |
constitute legal advice. Our aim is to provide a general description of |
17 | 18 |
the legal issues surrounding Tor in the United States. Different factual |
18 | 19 |
situations and different legal jurisdictions will result in different |
19 | 20 |
answers to a number of questions. Therefore, please do not act on this |
20 |
-information alone; if you have any specific legal problems, issues, or |
|
21 |
-questions, seek a complete review of your situation with a lawyer |
|
22 |
-licensed to practice in your jurisdiction.</p> |
|
23 |
-<p>Also, if you received this document from anywhere besides the EFF web |
|
24 |
-site or <a |
|
21 |
+information alone; if you have any specific legal problems, issues, |
|
22 |
+or questions, seek a complete review of your situation with a lawyer |
|
23 |
+licensed to practice in your jurisdiction.</em></p> |
|
24 |
+ |
|
25 |
+<p>Also, if you received this |
|
26 |
+document from anywhere besides the EFF web site or <a |
|
25 | 27 |
href="<page eff/tor-legal-faq>">https://www.torproject.org/eff/tor-legal-faq.html</a>, |
26 | 28 |
it may be out of date. Follow the link to get the latest version.</p> |
27 |
-<p>Got a DMCA notice? Check out our <a |
|
28 |
-href="<page eff/tor-dmca-response>">sample response |
|
29 |
-letter!</a></p> |
|
29 |
+ |
|
30 |
+<p>Got a DMCA notice? Check out our <a href="<page |
|
31 |
+eff/tor-dmca-response>">sample response letter</a>!</p> |
|
32 |
+ |
|
30 | 33 |
<h2>General Information</h2> |
31 |
-<p><b>Has anyone ever been sued or prosecuted for running Tor?</b></p> |
|
32 |
- |
|
33 |
-<p><b>No</b>, we aren’t aware of anyone being sued or prosecuted in the |
|
34 |
-United States for running a Tor relay. Further, we believe that running |
|
35 |
-a Tor relay — including an exit relay that allows people to |
|
36 |
-anonymously send and receive traffic — is lawful under U.S. |
|
37 |
-law.</p> |
|
38 |
-<p><b>Should I use Tor or encourage the use of Tor for illegal |
|
39 |
-purposes?</b></p> |
|
34 |
+ |
|
35 |
+<h3>Has anyone ever been sued or prosecuted for running Tor?</h3> |
|
36 |
+ |
|
37 |
+<p><b>No</b>, we aren't aware of anyone being sued or prosecuted in the |
|
38 |
+United States just for running a Tor relay. Further, we believe that |
|
39 |
+running a Tor relay — including an exit relay that allows people to |
|
40 |
+anonymously send and receive traffic — is legal under U.S. law.</p> |
|
41 |
+ |
|
42 |
+<h3>Should I use Tor or encourage the use of Tor for illegal purposes?</h3> |
|
43 |
+ |
|
40 | 44 |
<p><b>No.</b> Tor has been developed to be a tool for free expression, |
41 | 45 |
privacy, and human rights. It is not a tool designed or intended to be |
42 | 46 |
used to break the law, either by Tor users or Tor relay operators.</p> |
43 |
-<p><b>Can EFF promise that I won't get in trouble for running a Tor |
|
44 |
-relay?</b></p> |
|
47 |
+ |
|
48 |
+<h3>Can EFF promise that I won't get in trouble for running a Tor |
|
49 |
+relay?</h3> |
|
50 |
+ |
|
45 | 51 |
<p><b>No.</b> All new technologies create legal uncertainties, and Tor |
46 |
-is no exception. Presently, no court has ever considered any case |
|
47 |
-involving the Tor technology, and we therefore cannot guarantee that you |
|
48 |
-will never face any legal liability as a result of running a Tor relay. |
|
49 |
-However, EFF believes so strongly that those running Tor relays |
|
50 |
-shouldn't be liable for traffic that passes through the relay that we're |
|
51 |
-running our own middle relay. </p> |
|
52 |
- |
|
53 |
-<p><b>Will EFF represent me if I get in trouble for running a Tor |
|
54 |
-relay?</b></p> |
|
55 |
-<p><b>Maybe.</b> While EFF cannot promise legal representation for all |
|
56 |
-Tor relay operators, it will assist relay operators in assessing the |
|
57 |
-situation and will try to locate qualified legal counsel when necessary. |
|
58 |
-Inquiries to EFF for the purpose of securing legal representation or |
|
59 |
-referrals should be directed to our intake coordinator (<a |
|
60 |
-href="mailto:info@eff.org">info@eff.org</a> or US +1 (415) 436-9333). |
|
61 |
-Such inquiries will be kept confidential subject to the limits of the |
|
62 |
-attorney/client privilege. Note that although EFF cannot practice law |
|
63 |
-outside of the United States, it will still try to assist non-U.S. relay |
|
64 |
-operators in finding local representation.</p> |
|
65 |
-<p><b>Should I contact the Tor developers when I have legal questions |
|
52 |
+is no exception. We cannot guarantee that you will never face any legal |
|
53 |
+liability as a result of running a Tor relay. However, EFF believes so |
|
54 |
+strongly that those running Tor relays shouldn't be liable for traffic |
|
55 |
+that passes through the relay that we're running our own middle relay.</p> |
|
56 |
+ |
|
57 |
+<h3>Will EFF represent me if I get in trouble for running a Tor relay?</h3> |
|
58 |
+ |
|
59 |
+<p><b>Maybe.</b> While EFF cannot promise legal representation for all Tor |
|
60 |
+relay operators, it will assist relay operators in assessing the situation |
|
61 |
+and will try to locate qualified legal counsel when necessary. Inquiries |
|
62 |
+to EFF for the purpose of securing legal representation or referrals |
|
63 |
+should be directed to our intake coordinator by sending an email to <a |
|
64 |
+href="mailto:info@eff.org">info@eff.org</a> . Such inquiries will be kept |
|
65 |
+confidential subject to the limits of the attorney/client privilege. Note |
|
66 |
+that although EFF cannot practice law outside of the United States, |
|
67 |
+it will still try to assist non-U.S. relay operators in finding local |
|
68 |
+representation.</p> |
|
69 |
+ |
|
70 |
+<h3>Should I contact the Tor developers when I have legal questions |
|
66 | 71 |
about Tor or to inform them if I suspect Tor is being used for illegal |
67 |
-purposes?</b></p> |
|
72 |
+purposes?</h3> |
|
73 |
+ |
|
68 | 74 |
<p><b>No.</b> Tor's developers are available to answer technical |
69 | 75 |
questions, but they are not lawyers and cannot give legal advice. Nor do |
70 | 76 |
they have any ability to prevent illegal activity that may occur through |
71 |
-Tor relays. Furthermore, your communications with Tor's developers are |
|
72 |
-not protected by any legal privilege, so law enforcement or civil |
|
73 |
-litigants could subpoena and obtain any information you give to |
|
74 |
-them.</p> |
|
75 |
-<p>You can contact <a href="mailto:info@eff.org">info@eff.org</a> if you |
|
76 |
-face a specific legal issue. We will try to assist you, but given EFF's |
|
77 |
-small size, we cannot guarantee that we can help everyone. </p> |
|
78 |
- |
|
79 |
-<p><b>Do Tor's core developers make any promises about the |
|
80 |
-trustworthiness or reliability of Tor relays that are listed in their |
|
81 |
-directory?</b></p> |
|
77 |
+Tor relays. Furthermore, your communications with Tor's developers |
|
78 |
+are not protected by any legal privilege, so law enforcement or civil |
|
79 |
+litigants could subpoena and obtain any information you give to them.</p> |
|
80 |
+ |
|
81 |
+<p>You can contact <a href="mailto:info@eff.org">info@eff.org</a> if |
|
82 |
+you face a specific legal issue. We will try to assist you, but given |
|
83 |
+EFF's small size, we cannot guarantee that we can help everyone.</p> |
|
84 |
+ |
|
85 |
+<h3>Do Tor's core developers make any promises about the trustworthiness |
|
86 |
+or reliability of Tor relays that are listed in their directory?</h3> |
|
87 |
+ |
|
82 | 88 |
<p><b>No.</b> Although the developers attempt to verify that Tor relays |
83 |
-listed in the directory maintained by the core developers are stable and |
|
84 |
-have adequate bandwidth, neither they nor EFF can guarantee the personal |
|
85 |
-trustworthiness or reliability of the individuals who run those relays. |
|
86 |
-Tor's core developers further reserve the right to refuse a Tor relay |
|
87 |
-operator's request to be listed in their directory or to remove any |
|
88 |
-relay from their directory for any reason.</p> |
|
89 |
+listed in the directory maintained by the core developers are stable |
|
90 |
+and have adequate bandwidth, neither they nor EFF can guarantee the |
|
91 |
+personal trustworthiness or reliability of the individuals who run those |
|
92 |
+relays. Tor's core developers further reserve the right to refuse a Tor |
|
93 |
+relay operator's request to be listed in their directory or to remove |
|
94 |
+any relay from their directory for any reason.</p> |
|
95 |
+ |
|
89 | 96 |
<h2>Exit Relays</h2> |
97 |
+ |
|
90 | 98 |
<p>Exit relays raise special concerns because the traffic that exits |
91 | 99 |
from them can be traced back to the relay's IP address. While we believe |
92 |
-that running an exit is legal, it is statistically likely that an exit |
|
93 |
-relay will at some point be used for illegal purposes, which may attract |
|
94 |
-the attention of private litigants or law enforcement. An exit relay may |
|
95 |
-forward traffic that is considered unlawful, and that traffic may be |
|
96 |
-attributed to the operator of a relay. If you are not willing to deal |
|
97 |
-with that risk, a bridge or middle relay may be a better fit for you. |
|
98 |
-These relays do not directly forward traffic to the Internet and so |
|
99 |
-can't be easily mistaken for the origin of allegedly unlawful |
|
100 |
-content.</p> |
|
100 |
+that running an exit relay is legal, it is statistically likely that an |
|
101 |
+exit relay will at some point be used for illegal purposes, which may |
|
102 |
+attract the attention of private litigants or law enforcement. An exit |
|
103 |
+relay may forward traffic that is considered unlawful, and that traffic |
|
104 |
+may be attributed to the operator of a relay. If you are not willing to |
|
105 |
+deal with that risk, a bridge or middle relay may be a better fit for |
|
106 |
+you. These relays do not directly forward traffic to the Internet and so |
|
107 |
+can't be easily mistaken for the origin of allegedly unlawful content.</p> |
|
108 |
+ |
|
101 | 109 |
<p>The Tor Project's blog has some excellent <a |
102 | 110 |
href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">recommendations</a> |
103 |
-for running an exit with as little risk as possible. We suggest that you |
|
104 |
-review their advice before setting up an exit relay.</p> |
|
105 |
-<p><b>Should I run an exit relay from my home?</b></p> |
|
111 |
+for running an exit with as little risk as possible. We suggest that |
|
112 |
+you review their advice before setting up an exit relay.</p> |
|
113 |
+ |
|
114 |
+<h3>Should I run an exit relay from my home?</h3> |
|
106 | 115 |
|
107 | 116 |
<p><b>No.</b> If law enforcement becomes interested in traffic from your |
108 | 117 |
exit relay, it's possible that officers will seize your computer. For |
109 | 118 |
that reason, it's best not to run your exit relay in your home or using |
110 |
-your home Internet connection. </p> |
|
119 |
+your home Internet connection.</p> |
|
120 |
+ |
|
111 | 121 |
<p>Instead, consider running your exit relay in a <a |
112 | 122 |
href="https://trac.torproject.org/projects/tor/wiki/doc/GoodBadISPs">commercial |
113 | 123 |
facility</a> that is supportive of Tor. Have a separate IP address for |
114 |
-your exit relay, and don't route your own traffic through it. </p> |
|
124 |
+your exit relay, and don't route your own traffic through it.</p> |
|
125 |
+ |
|
115 | 126 |
<p>Of course, you should avoid keeping any sensitive or personal |
116 |
-information on the computer hosting your exit relay, and you never |
|
117 |
-should use that machine for any illegal purpose.</p> |
|
118 |
-<p><b>Should I tell my ISP that I'm running an exit relay?</b></p> |
|
119 |
-<p><b>Yes.</b> Make sure you have a Tor-friendly ISP that knows you're |
|
120 |
-running an exit relay and supports you in that goal. This will help |
|
121 |
-ensure that your Internet access isn't cut off due to abuse complaints. |
|
122 |
-The Tor community maintains a <a |
|
127 |
+information on the computer hosting your exit relay, and you never should |
|
128 |
+use that machine for any illegal purpose.</p> |
|
129 |
+ |
|
130 |
+<h3>Should I tell my ISP that I'm running an exit relay?</h3> |
|
131 |
+ |
|
132 |
+<p><b>Yes.</b> Make sure you have a Tor-friendly ISP that |
|
133 |
+knows you're running an exit relay and supports you in that |
|
134 |
+goal. This will help ensure that your Internet access isn't |
|
135 |
+cut off due to abuse complaints. The Tor community maintains a <a |
|
123 | 136 |
href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/GoodBadISPs">list</a> |
124 |
-of ISPs that are particularly Tor-savvy, as well as ones that |
|
125 |
-aren't.</p> |
|
137 |
+of ISPs that are particularly Tor-savvy, as well as ones that aren't.</p> |
|
138 |
+ |
|
139 |
+<h3>Is it a good idea to let others know that I'm running an exit relay?</h3> |
|
126 | 140 |
|
127 |
-<p><b>Is it a good idea to let others know that I'm running an exit |
|
128 |
-relay?</b></p> |
|
129 | 141 |
<p><b>Yes.</b> Be as transparent as possible about the fact that you're |
130 |
-running an exit relay. If your exit traffic draws the attention of the |
|
131 |
-government or disgruntled private party, you want them to figure out |
|
132 |
-quickly and easily that you are part of the Tor network and not |
|
142 |
+running an exit relay. If your exit traffic draws the attention of |
|
143 |
+the government or disgruntled private party, you want them to figure |
|
144 |
+out quickly and easily that you are part of the Tor network and not |
|
133 | 145 |
responsible for the content. This could mean the difference between |
134 | 146 |
having your computer seized by law enforcement and being left alone.</p> |
147 |
+ |
|
135 | 148 |
<p>The Tor Project <a |
136 | 149 |
href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">suggests</a> |
137 | 150 |
the following ways to let others know that you're running an exit |
138 | 151 |
relay:</p> |
152 |
+ |
|
139 | 153 |
<ul> |
140 | 154 |
<li>Set up a reverse DNS name for the IP address that makes clear that |
141 | 155 |
the computer is an exit relay.</li> |
... | ... |
@@ -143,80 +157,92 @@ the computer is an exit relay.</li> |
143 | 157 |
href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/tor-exit-notice.html">this</a> |
144 | 158 |
to explain that you're running an exit relay that's part of the Tor |
145 | 159 |
network.</li> |
146 |
- |
|
147 |
-<li>If possible, get an <a href="https://www.arin.net">ARIN</a> |
|
160 |
+<li>If possible, get an <a href="https://www.arin.net/">ARIN</a> |
|
148 | 161 |
registration for your exit relay that displays contact information for |
149 |
-you, not your ISP. This way, you'll receive any abuse complaints and can |
|
150 |
-respond to them directly. Otherwise, try to ensure that your ISP |
|
162 |
+you, not your ISP. This way, you'll receive any abuse complaints and |
|
163 |
+can respond to them directly. Otherwise, try to ensure that your ISP |
|
151 | 164 |
forwards abuse complaints that it receives to you.</li> |
152 | 165 |
</ul> |
153 |
-<p><b>Should I snoop on the plaintext traffic that exits through my Tor |
|
154 |
-relay?</b></p> |
|
166 |
+ |
|
167 |
+<h3>Should I snoop on the plaintext traffic that exits through my Tor |
|
168 |
+relay?</h3> |
|
169 |
+ |
|
155 | 170 |
<p><b>No.</b> You may be technically capable of modifying the Tor source |
156 | 171 |
code or installing additional software to monitor or log plaintext that |
157 |
-exits your relay. However, Tor relay operators in the United States can |
|
158 |
-possibly create civil and even criminal liability for themselves under |
|
159 |
-state or federal wiretap laws if they monitor, log, or disclose Tor |
|
160 |
-users' communications, while non-U.S. operators may be subject to |
|
161 |
-similar laws. Do not examine the contents of anyone's communications |
|
162 |
-without first talking to a lawyer.</p> |
|
163 |
-<p><b>If I receive a subpoena or other information request from law |
|
164 |
-enforcement or anyone else related to my Tor relay, what should I |
|
165 |
-do?</b></p> |
|
172 |
+exits your relay. However, Tor relay operators in the United States |
|
173 |
+can possibly create civil and even criminal liability for themselves |
|
174 |
+under state or federal wiretap laws if they monitor, log, or disclose |
|
175 |
+Tor users' communications, while non-U.S. operators may be subject |
|
176 |
+to similar laws. Do not examine anyone's communications without first |
|
177 |
+talking to a lawyer.</p> |
|
178 |
+ |
|
179 |
+<h3>If I receive a subpoena or other information request from law |
|
180 |
+enforcement or anyone else related to my Tor relay, what should I do?</h3> |
|
181 |
+ |
|
166 | 182 |
<p><b>Educate them about Tor.</b> In most instances, properly configured |
167 |
-Tor relays will have no useful data for inquiring parties, and you |
|
168 |
-should feel free to educate them on this point. To the extent you do |
|
169 |
-maintain logs, however, you should not disclose them to any third party |
|
170 |
-without first consulting a lawyer. In the United States, such a |
|
171 |
-disclosure may violate the Electronic Communications Privacy Act, and |
|
172 |
-relay operators outside of the United States may be subject to similar |
|
173 |
-data protection laws.</p> |
|
183 |
+Tor relays will have no useful data for inquiring parties, and you should |
|
184 |
+feel free to educate them on this point. To the extent you do maintain |
|
185 |
+logs, however, you should not disclose them to any third party without |
|
186 |
+first consulting a lawyer. In the United States, such a disclosure may |
|
187 |
+violate the Electronic Communications Privacy Act, and relay operators |
|
188 |
+outside of the United States may be subject to similar data protection |
|
189 |
+laws.</p> |
|
174 | 190 |
|
175 | 191 |
<p>You may receive legal inquiries where you are prohibited by law from |
176 |
-telling anyone about the request. We believe that, at least in the |
|
177 |
-United States, such gag orders do not prevent you from talking to a |
|
178 |
-lawyer, including calling a lawyer to find representation. Inquiries to |
|
179 |
-EFF for the purpose of securing legal representation should be directed |
|
180 |
-to our intake coordinator (info at eff.org or US +1 (415) 436-9333). |
|
181 |
-Such inquiries will be kept confidential subject to the limits of the |
|
182 |
-attorney/client privilege.</p> |
|
183 |
-<p>For more information about responding to abuse complaints and other |
|
184 |
-inquiries, check out the <a |
|
185 |
-href="<page docs/faq-abuse>">Tor Abuse |
|
186 |
-FAQ</a> and the collection of <a |
|
192 |
+telling anyone about the request. We believe that, at least in the United |
|
193 |
+States, such gag orders do not prevent you from talking to a lawyer, |
|
194 |
+including calling a lawyer to find representation. Inquiries to EFF |
|
195 |
+for the purpose of securing legal representation should be directed to |
|
196 |
+our intake coordinator (info at eff.org) Such inquiries will be kept |
|
197 |
+confidential subject to the limits of the attorney/client privilege.</p> |
|
198 |
+ |
|
199 |
+<p>For more information about responding to abuse |
|
200 |
+complaints and other inquiries, check out the <a |
|
201 |
+href="<page docs/faq-abuse>">Tor |
|
202 |
+Abuse FAQ</a> and the collection of <a |
|
187 | 203 |
href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/TorAbuseTemplates">abuse |
188 | 204 |
response templates</a> on the Tor Project’s website.</p> |
189 |
-<p><b>My ISP, university, etc. just sent me a DMCA notice. What should I |
|
190 |
-do?</b></p> |
|
191 |
-<p>EFF has written a <a |
|
192 |
-href="<page eff/tor-dmca-response>">short template</a> to help |
|
193 |
-you write a response to your ISP, university, etc., to let them know |
|
194 |
-about the details of the Digital Millennium Copyright Act’s safe harbor, |
|
195 |
-and how Tor fits in. Note that template only refers to U.S. |
|
196 |
-jurisdictions, and is intended only to address copyright complaints that |
|
197 |
-are based on a relay of allegedly infringing material through the Tor |
|
198 |
-node. </p> |
|
205 |
+ |
|
206 |
+<p>For information on what to do if law enforcement |
|
207 |
+seeks access to your digital devices, check out EFF’s <a |
|
208 |
+href="https://www.eff.org/wp/know-your-rights">Know Your Rights</a> |
|
209 |
+guide.</p> |
|
210 |
+ |
|
211 |
+<h3>My ISP, university, etc. just sent me a DMCA notice. What should |
|
212 |
+I do?</h3> |
|
213 |
+ |
|
214 |
+<p>EFF has written a <a href="<page eff/tor-dmca-response>">short |
|
215 |
+template</a> to help you write a response to your ISP, university, etc., |
|
216 |
+to let them know about the details of the Digital Millennium Copyright |
|
217 |
+Act’s safe harbor, and how Tor fits in. Note that template only |
|
218 |
+refers to U.S. jurisdictions, and is intended only to address copyright |
|
219 |
+complaints that are based on a relay of allegedly infringing material |
|
220 |
+through the Tor node.</p> |
|
199 | 221 |
|
200 | 222 |
<p>If you like, you should consider submitting a copy of your notice to |
201 |
-<a href="https://www.chillingeffects.org">Chilling Effects</a>. This |
|
223 |
+<a href="https://www.chillingeffects.org/">Chilling Effects</a>. This |
|
202 | 224 |
will help us recognize trends and issues that the lawyers might want to |
203 | 225 |
focus on. Chilling Effects encourages submissions from people outside |
204 | 226 |
the United States too.</p> |
205 |
-<p>EFF believes that Tor relays are protected from copyright liability |
|
206 |
-under the DMCA, although no court has yet addressed the issue in the |
|
207 |
-context of Tor itself. If you are uncomfortable with this uncertainty, |
|
208 |
-you may consider using a <a |
|
209 |
-href="<page docs/faq>#ExitPolicies">reduced |
|
210 |
-exit policy</a> (such as the default policy suggested by the Tor |
|
211 |
-Project) to try to minimize traffic types that are often targeted in |
|
212 |
-copyright complaints. </p> |
|
213 |
-<p>If you are a Tor relay operator willing to stand up and help set a |
|
214 |
-clear legal precedent establishing that merely running a relay does not |
|
215 |
-create copyright liability for either operators or their bandwidth |
|
216 |
-providers, EFF is interested in hearing from you. Read more <a |
|
227 |
+ |
|
228 |
+<p>EFF believes that Tor relays should be protected from copyright |
|
229 |
+liability for the acts of their users because a Tor relay operator |
|
230 |
+can raise an immunity defense under the DMCA as well as defenses |
|
231 |
+under copyright's secondary liability doctrines. However, no court |
|
232 |
+has yet addressed these issues in the context of Tor itself. If |
|
233 |
+you are uncomfortable with this uncertainty, you may consider using |
|
234 |
+a <href="<page docs/faq>#ExitPolicies">reduced exit policy</a> (such |
|
235 |
+as the default policy suggested by the Tor Project) to try to minimize |
|
236 |
+traffic types that are often targeted in copyright complaints.</p> |
|
237 |
+ |
|
238 |
+<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> |
219 | 244 |
|
220 | 245 |
</div><!-- #main --> |
221 | 246 |
|
222 | 247 |
#include <foot.wmi> |
248 |
+ |
... | ... |
@@ -216,9 +216,6 @@ create copyright liability for either operators or their bandwidth |
216 | 216 |
providers, EFF is interested in hearing from you. Read more <a |
217 | 217 |
href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">here</a> |
218 | 218 |
about being EFF's test case.</p> |
219 |
-<p><a href=https://www.eff.org/torchallenge/setting-up/>» Set up a Tor |
|
220 |
-Relay now!</a></p> |
|
221 |
- |
|
222 | 219 |
|
223 | 220 |
</div><!-- #main --> |
224 | 221 |
|
... | ... |
@@ -25,7 +25,7 @@ site or <a |
25 | 25 |
href="<page eff/tor-legal-faq>">https://www.torproject.org/eff/tor-legal-faq.html</a>, |
26 | 26 |
it may be out of date. Follow the link to get the latest version.</p> |
27 | 27 |
<p>Got a DMCA notice? Check out our <a |
28 |
-href="<page eff/dmca-template>">sample response |
|
28 |
+href="<page eff/tor-dmca-response>">sample response |
|
29 | 29 |
letter!</a></p> |
30 | 30 |
<h2>General Information</h2> |
31 | 31 |
<p><b>Has anyone ever been sued or prosecuted for running Tor?</b></p> |
... | ... |
@@ -189,7 +189,7 @@ response templates</a> on the Tor Project’s website.</p> |
189 | 189 |
<p><b>My ISP, university, etc. just sent me a DMCA notice. What should I |
190 | 190 |
do?</b></p> |
191 | 191 |
<p>EFF has written a <a |
192 |
-href="<page eff/dmca-template>">short template</a> to help |
|
192 |
+href="<page eff/tor-dmca-response>">short template</a> to help |
|
193 | 193 |
you write a response to your ISP, university, etc., to let them know |
194 | 194 |
about the details of the Digital Millennium Copyright Act’s safe harbor, |
195 | 195 |
and how Tor fits in. Note that template only refers to U.S. |
... | ... |
@@ -7,175 +7,218 @@ |
7 | 7 |
|
8 | 8 |
<!-- PUT CONTENT AFTER THIS TAG --> |
9 | 9 |
|
10 |
-<h2>Legal FAQ for Tor Relay Operators</h2> |
|
11 |
-<hr> |
|
12 |
-<p>FAQ written by the Electronic Frontier |
|
13 |
-Foundation (<a href="http://www.eff.org/">EFF</a>). Last updated 25 Apr 2005.</p> |
|
14 |
- |
|
15 |
-<p><strong>NOTE:</strong> This FAQ is for informational purposes only |
|
16 |
-and does not constitute legal advice. EFF has not analyzed any |
|
17 |
-particular factual situation or laws in drafting this FAQ. Our aim is |
|
18 |
-to provide a general description of the legal issues surrounding |
|
19 |
-Tor in the United States. Different factual situations and different legal |
|
20 |
-jurisdictions will |
|
21 |
-result in different answers to a number of questions. Therefore, please |
|
22 |
-do not act on this information alone; if you have any |
|
23 |
-specific legal problems, issues, or questions, seek a complete review of |
|
24 |
-your situation with a lawyer licensed to practice in your jurisdiction. |
|
25 |
-</p> |
|
26 |
- |
|
27 |
-<p>Also, if you received this document from anywhere besides <a |
|
28 |
-href="https://www.torproject.org/eff/tor-legal-faq.html">https://www.torproject.org/eff/tor-legal-faq.html</a>, |
|
29 |
-it may be out of date. Follow the link to get the latest version.</p> |
|
30 |
- |
|
10 |
+<h2>The Legal FAQ for Tor Relay Operators.</h2> |
|
31 | 11 |
<hr> |
32 | 12 |
|
33 |
-<a id="Lawsuits"></a> |
|
34 |
-<h3><a class="anchor" href="#Lawsuits">Has anyone ever been sued for running Tor? |
|
35 |
-</a></h3> |
|
36 |
- |
|
37 |
-<p><strong>No.</strong> Further, we believe that running a Tor node, |
|
38 |
-including a Tor exit node that allows people to anonymously send and |
|
39 |
-receive traffic, is lawful under U.S. law.</p> |
|
40 |
- |
|
41 |
-<a id="IllegalPurposes"></a> |
|
42 |
-<h3><a class="anchor" href="#IllegalPurposes">Should I use Tor, |
|
43 |
-or encourage the use of Tor, for illegal purposes |
|
44 |
-such as spamming, harassment, distribution of child porn, or copyright |
|
45 |
-infringement?</a></h3> |
|
46 |
- |
|
47 |
-<p><strong>No.</strong> Tor has been developed to be a tool for free |
|
48 |
-speech, privacy, and human rights. It is not a tool designed or intended |
|
49 |
-to be used to break the law, either by Tor users or Tor relay |
|
50 |
-operators.</p> |
|
51 |
- |
|
52 |
-<p>We further recommend that you not keep any potentially illegal files |
|
53 |
-on the same machine you use for Tor, nor use that machine for any illegal |
|
54 |
-purpose. Although no Tor relay in the US has ever been seized, nor any relay |
|
55 |
-operator sued, the future possibility cannot be ruled out. If that |
|
56 |
-happens, you will want your machine to be clean.</p> |
|
57 |
- |
|
58 |
-<a id="Promise"></a> |
|
59 |
-<h3><a class="anchor" href="#Promise">Can EFF promise that I won't get |
|
60 |
-in trouble for running a Tor relay?</a></h3> |
|
61 |
- |
|
62 |
-<p><strong>No.</strong> All new technologies create legal uncertainties, |
|
63 |
-and Tor is no exception to the rule. Presently, no court has ever considered any |
|
64 |
-case involving the Tor technology, and we therefore cannot guarantee |
|
65 |
-that you will never face any legal liability as a result of running a |
|
66 |
-Tor relay. However, EFF believes so strongly that those running Tor |
|
67 |
-relays shouldn't be liable for traffic that passes through the relay |
|
68 |
-that we're running our own Tor relay. |
|
69 |
-</p> |
|
70 |
- |
|
71 |
-<a id="Represent"></a> |
|
72 |
-<h3><a class="anchor" href="#Represent">Will EFF represent me if I get |
|
73 |
-in trouble for running a Tor relay?</a></h3> |
|
74 |
- |
|
75 |
-<p><strong>Maybe.</strong> While EFF cannot promise legal representation |
|
76 |
-of all Tor relay operators, it will assist relay operators in |
|
77 |
-assessing the situation and will try to locate qualified legal counsel |
|
78 |
-when necessary. Inquiries to EFF for the purpose of securing legal |
|
79 |
-representation or referrals should be directed to staff attorney Kevin |
|
80 |
-Bankston (bankston at eff.org or US +1 (415) 436-9333 x 126). Such |
|
81 |
-inquiries will be kept |
|
82 |
-confidential subject to the limits of the attorney/client privilege. |
|
83 |
-Note that although EFF cannot practice law outside of the U.S., it will |
|
84 |
-still try to assist non-U.S. relay operators in finding local |
|
85 |
-representation.</p> |
|
86 |
- |
|
87 |
-<a id="DevelopersAreNotLawyers"></a> |
|
88 |
-<h3><a class="anchor" href="#DevelopersAreNotLawyers">Should I contact |
|
89 |
-the Tor developers when I have legal questions about Tor or to inform |
|
90 |
-them if I suspect Tor is being used for illegal purposes?</a></h3> |
|
91 |
- |
|
92 |
-<p><strong>No.</strong> Tor's core developers, Roger Dingledine |
|
93 |
-and Nick Mathewson, are available to answer technical questions, but |
|
94 |
-they are not lawyers and cannot give legal advice. Nor do they have any |
|
95 |
-ability to prevent illegal activity that may occur through Tor relays. |
|
96 |
-Furthermore, your communications with Tor's core developers are |
|
13 |
+<p>FAQ written by the Electronic Frontier Foundation (<a |
|
14 |
+href="https://www.eff.org">EFF</a>). Last updated August 24, 2011.</p> |
|
15 |
+<p>NOTE: This FAQ is for informational purposes only and does not |
|
16 |
+constitute legal advice. Our aim is to provide a general description of |
|
17 |
+the legal issues surrounding Tor in the United States. Different factual |
|
18 |
+situations and different legal jurisdictions will result in different |
|
19 |
+answers to a number of questions. Therefore, please do not act on this |
|
20 |
+information alone; if you have any specific legal problems, issues, or |
|
21 |
+questions, seek a complete review of your situation with a lawyer |
|
22 |
+licensed to practice in your jurisdiction.</p> |
|
23 |
+<p>Also, if you received this document from anywhere besides the EFF web |
|
24 |
+site or <a |
|
25 |
+href="<page eff/tor-legal-faq>">https://www.torproject.org/eff/tor-legal-faq.html</a>, |
|
26 |
+it may be out of date. Follow the link to get the latest version.</p> |
|
27 |
+<p>Got a DMCA notice? Check out our <a |
|
28 |
+href="<page eff/dmca-template>">sample response |
|
29 |
+letter!</a></p> |
|
30 |
+<h2>General Information</h2> |
|
31 |
+<p><b>Has anyone ever been sued or prosecuted for running Tor?</b></p> |
|
32 |
+ |
|
33 |
+<p><b>No</b>, we aren’t aware of anyone being sued or prosecuted in the |
|
34 |
+United States for running a Tor relay. Further, we believe that running |
|
35 |
+a Tor relay — including an exit relay that allows people to |
|
36 |
+anonymously send and receive traffic — is lawful under U.S. |
|
37 |
+law.</p> |
|
38 |
+<p><b>Should I use Tor or encourage the use of Tor for illegal |
|
39 |
+purposes?</b></p> |
|
40 |
+<p><b>No.</b> Tor has been developed to be a tool for free expression, |
|
41 |
+privacy, and human rights. It is not a tool designed or intended to be |
|
42 |
+used to break the law, either by Tor users or Tor relay operators.</p> |
|
43 |
+<p><b>Can EFF promise that I won't get in trouble for running a Tor |
|
44 |
+relay?</b></p> |
|
45 |
+<p><b>No.</b> All new technologies create legal uncertainties, and Tor |
|
46 |
+is no exception. Presently, no court has ever considered any case |
|
47 |
+involving the Tor technology, and we therefore cannot guarantee that you |
|
48 |
+will never face any legal liability as a result of running a Tor relay. |
|
49 |
+However, EFF believes so strongly that those running Tor relays |
|
50 |
+shouldn't be liable for traffic that passes through the relay that we're |
|
51 |
+running our own middle relay. </p> |
|
52 |
+ |
|
53 |
+<p><b>Will EFF represent me if I get in trouble for running a Tor |
|
54 |
+relay?</b></p> |
|
55 |
+<p><b>Maybe.</b> While EFF cannot promise legal representation for all |
|
56 |
+Tor relay operators, it will assist relay operators in assessing the |
|
57 |
+situation and will try to locate qualified legal counsel when necessary. |
|
58 |
+Inquiries to EFF for the purpose of securing legal representation or |
|
59 |
+referrals should be directed to our intake coordinator (<a |
|
60 |
+href="mailto:info@eff.org">info@eff.org</a> or US +1 (415) 436-9333). |
|
61 |
+Such inquiries will be kept confidential subject to the limits of the |
|
62 |
+attorney/client privilege. Note that although EFF cannot practice law |
|
63 |
+outside of the United States, it will still try to assist non-U.S. relay |
|
64 |
+operators in finding local representation.</p> |
|
65 |
+<p><b>Should I contact the Tor developers when I have legal questions |
|
66 |
+about Tor or to inform them if I suspect Tor is being used for illegal |
|
67 |
+purposes?</b></p> |
|
68 |
+<p><b>No.</b> Tor's developers are available to answer technical |
|
69 |
+questions, but they are not lawyers and cannot give legal advice. Nor do |
|
70 |
+they have any ability to prevent illegal activity that may occur through |
|
71 |
+Tor relays. Furthermore, your communications with Tor's developers are |
|
97 | 72 |
not protected by any legal privilege, so law enforcement or civil |
98 | 73 |
litigants could subpoena and obtain any information you give to |
99 | 74 |
them.</p> |
100 |
- |
|
101 |
-<a id="RequestForLogs"></a> |
|
102 |
-<h3><a class="anchor" href="#RequestForLogs">If I receive a request from |
|
103 |
-law enforcement or anyone else for my Tor relay's logs, what should |
|
104 |
-I do?</a></h3> |
|
105 |
- |
|
106 |
-<p><strong>Educate them about Tor.</strong> In most instances, properly |
|
107 |
-configured Tor relays will have no useful data for inquiring parties, |
|
108 |
-and you should feel free to educate them on this point. To the extent |
|
109 |
-you do maintain logs, however, you should not disclose them to any third |
|
110 |
-party without first consulting a lawyer. In the U.S., such a disclosure |
|
111 |
-may violate the Electronic Communications Privacy Act, and relay |
|
112 |
-operators outside of the U.S. may be subject to similar data protection |
|
113 |
-laws.</p> |
|
75 |
+<p>You can contact <a href="mailto:info@eff.org">info@eff.org</a> if you |
|
76 |
+face a specific legal issue. We will try to assist you, but given EFF's |
|
77 |
+small size, we cannot guarantee that we can help everyone. </p> |
|
78 |
+ |
|
79 |
+<p><b>Do Tor's core developers make any promises about the |
|
80 |
+trustworthiness or reliability of Tor relays that are listed in their |
|
81 |
+directory?</b></p> |
|
82 |
+<p><b>No.</b> Although the developers attempt to verify that Tor relays |
|
83 |
+listed in the directory maintained by the core developers are stable and |
|
84 |
+have adequate bandwidth, neither they nor EFF can guarantee the personal |
|
85 |
+trustworthiness or reliability of the individuals who run those relays. |
|
86 |
+Tor's core developers further reserve the right to refuse a Tor relay |
|
87 |
+operator's request to be listed in their directory or to remove any |
|
88 |
+relay from their directory for any reason.</p> |
|
89 |
+<h2>Exit Relays</h2> |
|
90 |
+<p>Exit relays raise special concerns because the traffic that exits |
|
91 |
+from them can be traced back to the relay's IP address. While we believe |
|
92 |
+that running an exit is legal, it is statistically likely that an exit |
|
93 |
+relay will at some point be used for illegal purposes, which may attract |
|
94 |
+the attention of private litigants or law enforcement. An exit relay may |
|
95 |
+forward traffic that is considered unlawful, and that traffic may be |
|
96 |
+attributed to the operator of a relay. If you are not willing to deal |
|
97 |
+with that risk, a bridge or middle relay may be a better fit for you. |
|
98 |
+These relays do not directly forward traffic to the Internet and so |
|
99 |
+can't be easily mistaken for the origin of allegedly unlawful |
|
100 |
+content.</p> |
|
101 |
+<p>The Tor Project's blog has some excellent <a |
|
102 |
+href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">recommendations</a> |
|
103 |
+for running an exit with as little risk as possible. We suggest that you |
|
104 |
+review their advice before setting up an exit relay.</p> |
|
105 |
+<p><b>Should I run an exit relay from my home?</b></p> |
|
106 |
+ |
|
107 |
+<p><b>No.</b> If law enforcement becomes interested in traffic from your |
|
108 |
+exit relay, it's possible that officers will seize your computer. For |
|
109 |
+that reason, it's best not to run your exit relay in your home or using |
|
110 |
+your home Internet connection. </p> |
|
111 |
+<p>Instead, consider running your exit relay in a <a |
|
112 |
+href="https://trac.torproject.org/projects/tor/wiki/doc/GoodBadISPs">commercial |
|
113 |
+facility</a> that is supportive of Tor. Have a separate IP address for |
|
114 |
+your exit relay, and don't route your own traffic through it. </p> |
|
115 |
+<p>Of course, you should avoid keeping any sensitive or personal |
|
116 |
+information on the computer hosting your exit relay, and you never |
|
117 |
+should use that machine for any illegal purpose.</p> |
|
118 |
+<p><b>Should I tell my ISP that I'm running an exit relay?</b></p> |
|
119 |
+<p><b>Yes.</b> Make sure you have a Tor-friendly ISP that knows you're |
|
120 |
+running an exit relay and supports you in that goal. This will help |
|
121 |
+ensure that your Internet access isn't cut off due to abuse complaints. |
|
122 |
+The Tor community maintains a <a |
|
123 |
+href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/GoodBadISPs">list</a> |
|
124 |
+of ISPs that are particularly Tor-savvy, as well as ones that |
|
125 |
+aren't.</p> |
|
126 |
+ |
|
127 |
+<p><b>Is it a good idea to let others know that I'm running an exit |
|
128 |
+relay?</b></p> |
|
129 |
+<p><b>Yes.</b> Be as transparent as possible about the fact that you're |
|
130 |
+running an exit relay. If your exit traffic draws the attention of the |
|
131 |
+government or disgruntled private party, you want them to figure out |
|
132 |
+quickly and easily that you are part of the Tor network and not |
|
133 |
+responsible for the content. This could mean the difference between |
|
134 |
+having your computer seized by law enforcement and being left alone.</p> |
|
135 |
+<p>The Tor Project <a |
|
136 |
+href="https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment">suggests</a> |
|
137 |
+the following ways to let others know that you're running an exit |
|
138 |
+relay:</p> |
|
139 |
+<ul> |
|
140 |
+<li>Set up a reverse DNS name for the IP address that makes clear that |
|
141 |
+the computer is an exit relay.</li> |
|
142 |
+<li>Set up a notice like <a |
|
143 |
+href="https://gitweb.torproject.org/tor.git/blob_plain/HEAD:/contrib/tor-exit-notice.html">this</a> |
|
144 |
+to explain that you're running an exit relay that's part of the Tor |
|
145 |
+network.</li> |
|
146 |
+ |
|
147 |
+<li>If possible, get an <a href="https://www.arin.net">ARIN</a> |
|
148 |
+registration for your exit relay that displays contact information for |
|
149 |
+you, not your ISP. This way, you'll receive any abuse complaints and can |
|
150 |
+respond to them directly. Otherwise, try to ensure that your ISP |
|
151 |
+forwards abuse complaints that it receives to you.</li> |
|
152 |
+</ul> |
|
153 |
+<p><b>Should I snoop on the plaintext traffic that exits through my Tor |
|
154 |
+relay?</b></p> |
|
155 |
+<p><b>No.</b> You may be technically capable of modifying the Tor source |
|
156 |
+code or installing additional software to monitor or log plaintext that |
|
157 |
+exits your relay. However, Tor relay operators in the United States can |
|
158 |
+possibly create civil and even criminal liability for themselves under |
|
159 |
+state or federal wiretap laws if they monitor, log, or disclose Tor |
|
160 |
+users' communications, while non-U.S. operators may be subject to |
|
161 |
+similar laws. Do not examine the contents of anyone's communications |
|
162 |
+without first talking to a lawyer.</p> |
|
163 |
+<p><b>If I receive a subpoena or other information request from law |
|
164 |
+enforcement or anyone else related to my Tor relay, what should I |
|
165 |
+do?</b></p> |
|
166 |
+<p><b>Educate them about Tor.</b> In most instances, properly configured |
|
167 |
+Tor relays will have no useful data for inquiring parties, and you |
|
168 |
+should feel free to educate them on this point. To the extent you do |
|
169 |
+maintain logs, however, you should not disclose them to any third party |
|
170 |
+without first consulting a lawyer. In the United States, such a |
|
171 |
+disclosure may violate the Electronic Communications Privacy Act, and |
|
172 |
+relay operators outside of the United States may be subject to similar |
|
173 |
+data protection laws.</p> |
|
114 | 174 |
|
115 | 175 |
<p>You may receive legal inquiries where you are prohibited by law from |
116 |
-telling anyone about the request. We believe that, at least in the |
|
117 |
-U.S., such gag orders do not prevent you from talking to a lawyer, |
|
118 |
-including calling a lawyer to find representation. Inquiries to EFF for |
|
119 |
-the purpose of securing legal representation should be directed to staff |
|
120 |
-attorney Kevin Bankston (bankston at eff.org or US +1 (415) 436-9333 |
|
121 |
-x126). Such inquiries |
|
122 |
-will be kept confidential subject to the limits of the attorney/client |
|
123 |
-privilege.</p> |
|
124 |
- |
|
125 |
-<p>EFF is currently working on informational materials to help you |
|
126 |
-respond to the most likely types of legal requests or notices, so watch |
|
127 |
-this space.</p> |
|
128 |
- |
|
129 |
-<a id="DMCA"></a> |
|
130 |
-<h3><a class="anchor" href="#DMCA">My ISP/University/etc just sent me |
|
131 |
-a DMCA notice. What should I do?</a></h3> |
|
132 |
- |
|
133 |
-<p>The EFF has written a <a |
|
134 |
-href="tor-dmca-response.html">short template</a> |
|
135 |
-to help you write a response to your ISP/University/etc, to let them |
|
136 |
-know about the details of DMCA safe harbor, and how Tor fits in. Note |
|
137 |
-that this only refers to a U.S. jurisdiction.</p> |
|
138 |
- |
|
139 |
-<p>If you like, you should consider submitting a copy of your notice |
|
140 |
-to <a href="http://www.chillingeffects.org/">Chilling Effects</a>. This |
|
176 |
+telling anyone about the request. We believe that, at least in the |
|
177 |
+United States, such gag orders do not prevent you from talking to a |
|
178 |
+lawyer, including calling a lawyer to find representation. Inquiries to |
|
179 |
+EFF for the purpose of securing legal representation should be directed |
|
180 |
+to our intake coordinator (info at eff.org or US +1 (415) 436-9333). |
|
181 |
+Such inquiries will be kept confidential subject to the limits of the |
|
182 |
+attorney/client privilege.</p> |
|
183 |
+<p>For more information about responding to abuse complaints and other |
|
184 |
+inquiries, check out the <a |
|
185 |
+href="<page docs/faq-abuse>">Tor Abuse |
|
186 |
+FAQ</a> and the collection of <a |
|
187 |
+href="https://trac.torproject.org/projects/tor/wiki/TheOnionRouter/TorAbuseTemplates">abuse |
|
188 |
+response templates</a> on the Tor Project’s website.</p> |
|
189 |
+<p><b>My ISP, university, etc. just sent me a DMCA notice. What should I |
|
190 |
+do?</b></p> |
|
191 |
+<p>EFF has written a <a |
|
192 |
+href="<page eff/dmca-template>">short template</a> to help |
|
193 |
+you write a response to your ISP, university, etc., to let them know |
|
194 |
+about the details of the Digital Millennium Copyright Act’s safe harbor, |
|
195 |
+and how Tor fits in. Note that template only refers to U.S. |
|
196 |
+jurisdictions, and is intended only to address copyright complaints that |
|
197 |
+are based on a relay of allegedly infringing material through the Tor |
|
198 |
+node. </p> |
|
199 |
+ |
|
200 |
+<p>If you like, you should consider submitting a copy of your notice to |
|
201 |
+<a href="https://www.chillingeffects.org">Chilling Effects</a>. This |
|
141 | 202 |
will help us recognize trends and issues that the lawyers might want to |
142 | 203 |
focus on. Chilling Effects encourages submissions from people outside |
143 | 204 |
the United States too.</p> |
205 |
+<p>EFF believes that Tor relays are protected from copyright liability |
|
206 |
+under the DMCA, although no court has yet addressed the issue in the |
|
207 |
+context of Tor itself. If you are uncomfortable with this uncertainty, |
|
208 |
+you may consider using a <a |
|
209 |
+href="<page docs/faq>#ExitPolicies">reduced |
|
210 |
+exit policy</a> (such as the default policy suggested by the Tor |
|
211 |
+Project) to try to minimize traffic types that are often targeted in |
|
212 |
+copyright complaints. </p> |
|
213 |
+<p>If you are a Tor relay operator willing to stand up and help set a |
|
214 |
+clear legal precedent establishing that merely running a relay does not |
|
215 |
+create copyright liability for either operators or their bandwidth |
|
216 |
+providers, EFF is interested in hearing from you. Read more <a |
|
217 |
+href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">here</a> |
|
218 |
+about being EFF's test case.</p> |
|
219 |
+<p><a href=https://www.eff.org/torchallenge/setting-up/>» Set up a Tor |
|
220 |
+Relay now!</a></p> |
|
144 | 221 |
|
145 |
-<p>EFF is actively seeking Tor relay operators willing to stand up |
|
146 |
-and help set a clear legal precedent establishing that merely running |
|
147 |
-a node does not create copyright liability for either node operators |
|
148 |
-or their bandwidth providers. If you want to be the EFF's test case, |
|
149 |
-<a href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">read |
|
150 |
-more here</a>.</p> |
|
151 |
- |
|
152 |
-<a id="ExitSnooping"></a> |
|
153 |
-<h3><a class="anchor" href="#ExitSnooping">Should I snoop on the plaintext |
|
154 |
-that exits through my Tor relay?</a></h3> |
|
155 |
- |
|
156 |
-<p><strong>No.</strong> You may be technically capable of modifying |
|
157 |
-the Tor source code or installing additional software to monitor |
|
158 |
-or log plaintext that exits your node. However, |
|
159 |
-Tor relay operators in the U.S. can create legal and possibly even |
|
160 |
-criminal liability for themselves under state or federal wiretap laws if |
|
161 |
-they affirmatively monitor, log, or disclose Tor users' |
|
162 |
-communications, while non-U.S. operators may be subject to similar laws. |
|
163 |
-Do not examine the contents of anyone's communications without |
|
164 |
-first talking to a lawyer.</p> |
|
165 |
- |
|
166 |
-<a id="DirectoryWarranty"></a> |
|
167 |
-<h3><a class="anchor" href="#DirectoryWarranty">Do Tor's core developers |
|
168 |
-make any promises about the trustworthiness or reliability of Tor relays |
|
169 |
-that are listed in their directory?</a></h3> |
|
170 |
- |
|
171 |
-<p><strong>No.</strong> Although the developers attempt to verify that |
|
172 |
-Tor relays listed in the directory the core developers maintain are |
|
173 |
-stable and have adequate bandwidth, neither they nor EFF can guarantee |
|
174 |
-the personal trustworthiness or reliability of the individuals who run |
|
175 |
-those relays. Tor's core developers further reserve the right to |
|
176 |
-refuse a Tor relay operator's request to be listed in their |
|
177 |
-directory or to remove any relay from their directory for any |
|
178 |
-reason.</p> |
|
179 | 222 |
|
180 | 223 |
</div><!-- #main --> |
181 | 224 |
|
... | ... |
@@ -146,7 +146,7 @@ the United States too.</p> |
146 | 146 |
and help set a clear legal precedent establishing that merely running |
147 | 147 |
a node does not create copyright liability for either node operators |
148 | 148 |
or their bandwidth providers. If you want to be the EFF's test case, |
149 |
-<a href="http://archives.seul.org/or/talk/Oct-2005/msg00208.html">read |
|
149 |
+<a href="https://lists.torproject.org/pipermail/tor-talk/2005-October/016301.html">read |
|
150 | 150 |
more here</a>.</p> |
151 | 151 |
|
152 | 152 |
<a id="ExitSnooping"></a> |
... | ... |
@@ -177,57 +177,6 @@ refuse a Tor relay operator's request to be listed in their |
177 | 177 |
directory or to remove any relay from their directory for any |
178 | 178 |
reason.</p> |
179 | 179 |
|
180 |
-<a id="License"></a> |
|
181 |
-<h3><a class="anchor" href="#License">Is the Tor software subject to |
|
182 |
-any license terms?</a></h3> |
|
183 |
- |
|
184 |
-<p><strong>Yes.</strong> The Tor software is distributed under the |
|
185 |
-Modified BSD license, and is reproduced below. The Vidalia software is distributed under |
|
186 |
-the GPL v2. Privoxy is distributed under the GPL v2. |
|
187 |
-"src/common/strlcat.c and src/common/strlcpy.c" by Todd C. Miller are |
|
188 |
-licensed under the Modified BSD license. </p> |
|
189 |
- |
|
190 |
-<p>If you have Tor as a static binary with OpenSSL included, then you |
|
191 |
-should know: "This product includes software developed by the OpenSSL Project |
|
192 |
- for use in the OpenSSL Toolkit (http://www.openssl.org/)"</p> |
|
193 |
- |
|
194 |
-<p>The Tor software license is the Modified BSD, which is as follows:</p> |
|
195 |
-<p>Copyright © 2001-2004, Roger Dingledine<br> |
|
196 |
-Copyright © 2004-2007, Roger Dingledine, Nick Mathewson<br> |
|
197 |
-Copyright © 2007-2008 The Tor Project, Inc.</p> |
|
198 |
- |
|
199 |
-<p>Redistribution and use in source and binary forms, with or without |
|
200 |
-modification, are permitted provided that the following conditions are |
|
201 |
-met:</p> |
|
202 |
- |
|
203 |
-<ul> |
|
204 |
- |
|
205 |
-<li>Redistributions of source code must retain the above copyright |
|
206 |
-notice, this list of conditions and the following disclaimer.</li> |
|
207 |
- |
|
208 |
-<li>Redistributions in binary form must reproduce the above copyright |
|
209 |
-notice, this list of conditions and the following disclaimer in the |
|
210 |
-documentation and/or other materials provided with the |
|
211 |
-distribution.</li> |
|
212 |
- |
|
213 |
-<li>Neither the names of the copyright owners nor the names of its |
|
214 |
-contributors may be used to endorse or promote products derived from |
|
215 |
-this software without specific prior written permission.</li> |
|
216 |
- |
|
217 |
-</ul> |
|
218 |
- |
|
219 |