Legal FAQ for Tor Server Operators

FAQ written by the Electronic Frontier Foundation (EFF). Last updated 25 Apr 2005.

NOTE: This FAQ is for informational purposes only and does not constitute legal advice. EFF has not analyzed any particular factual situation or laws in drafting this FAQ. Our aim is to provide a general description of the legal issues surrounding Tor. Different factual situations and different legal jurisdictions will result in different answers to a number of questions. Therefore, please do not act on this information alone; if you have any specific legal problems, issues, or questions, seek a complete review of your situation with a lawyer licensed to practice in your jurisdiction.

Also, if you received this document from anywhere besides http://tor.eff.org/eff/tor-legal-faq.html, it may be out of date. Follow the link to get the latest version.

Has anyone ever been sued for running Tor?

No. Further, we believe that running a Tor node, including a Tor exit node that allows people to anonymously send and receive traffic, is lawful under U.S. law.

Should I use Tor, or encourage the use of Tor, for illegal purposes such as spamming, harassment, distribution of child porn, or copyright infringement?

No. Tor has been developed to be a tool for free speech, privacy, and human rights. It is not a tool designed or intended to be used to break the law, either by Tor users or Tor server operators.

We further recommend that you not keep any potentially illegal files on the same machine you use for Tor, nor use that machine for any illegal purpose. Although no Tor server has ever been seized, nor any server operator subpoenaed, the future possibility cannot be ruled out. If that happens, you will want your machine to be clean.

Can EFF promise that I won’t get in trouble for running a Tor server?

No. All new technologies create legal uncertainties, and Tor is no exception to the rule. Presently, no court has ever considered any case involving the Tor technology, and we therefore cannot guarantee that you will never face any legal liability as a result of running a Tor server. However, EFF believes so strongly that those running Tor servers shouldn't be liable for traffic that passes through the server that we're running our own Tor server.

Will EFF represent me if I get in trouble for running a Tor server?

Maybe. While EFF cannot promise legal representation of all Tor server operators, it will assist server operators in assessing the situation and will try to locate qualified legal counsel when necessary. Inquiries to EFF for the purpose of securing legal representation or referrals should be directed to staff attorney Kevin Bankston (bankston at eff.org or US +1 (415) 436-9333 x 126). Such inquiries will be kept confidential subject to the limits of the attorney/client privilege. Note that although EFF cannot practice law outside of the U.S., it will still try to assist non-U.S. server operators in finding local representation.

Should I contact the Tor developers when I have legal questions about Tor or to inform them if I suspect Tor is being used for illegal purposes?

No. Tor’s core developers, Roger Dingledine and Nick Mathewson, are available to answer technical questions, but they are not lawyers and cannot give legal advice. Nor do they have any ability to prevent illegal activity that may occur through Tor servers. Furthermore, your communications with Tor’s core developers are not protected by any legal privilege, so law enforcement or civil litigants could subpoena and obtain any information you give to them.

If I receive a request from law enforcement or anyone else for my Tor server’s logs, what should I do?

Educate them about Tor. In most instances, properly configured Tor servers will have no useful data for inquiring parties, and you should feel free to educate them on this point. To the extent you do maintain logs, however, you should not disclose them to any third party without first consulting a lawyer. In the U.S., such a disclosure may violate the Electronic Communications Privacy Act, and server operators outside of the U.S. may be subject to similar data protection laws.

You may receive legal inquiries where you are prohibited by law from telling anyone about the request. We believe that, at least in the U.S., such gag orders do not prevent you from talking to a lawyer, including calling a lawyer to find representation. Inquiries to EFF for the purpose of securing legal representation should be directed to staff attorney Kevin Bankston (bankston at eff.org or US +1 (415) 436-9333 x126). Such inquiries will be kept confidential subject to the limits of the attorney/client privilege.

EFF is currently working on informational materials to help you respond to the most likely types of legal requests or notices, so watch this space.

My ISP/University/etc just sent me a DMCA notice. What should I do?

The EFF has written a short template to help you write a response to your ISP/University/etc, to let them know about the details of DMCA safe harbor, and how Tor fits in. Note that this only refers to a U.S. jurisdiction.

Should I snoop on the plaintext that exits through my Tor server?

No. You are technically capable of monitoring or logging plaintext that exits your node if you modify the Tor source code or install additional software to enable such snooping. However, Tor server operators in the U.S. can create legal and possibly even criminal liability for themselves under state or federal wiretap laws if they affirmatively monitor, log, or disclose Tor users’ communications, while non-U.S. operators may be subject to similar laws. Do not examine the contents of anyone’s communications without first talking to a lawyer.

Do Tor’s core developers make any promises about the trustworthiness or reliability of Tor servers that are listed in their directory?

No. Although the developers attempt to verify that Tor servers listed in the directory the core developers maintain are stable and have adequate bandwidth, neither they nor EFF can guarantee the personal trustworthiness or reliability of the individuals who run those servers. Tor’s core developers further reserve the right to refuse a Tor server operator’s request to be listed in their directory or to remove any server from their directory for any reason.

Is the Tor software subject to any license terms?

Yes. The Tor license is included in the software download and reproduced below:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the names of the copyright owners nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.