2019-02-16 13:21:15
Austrian Tor Exit Node Operator Found Guilty As An Accomplice Because Someone Used His Node To Commit A crime | Techdirt legislation/politics/privacy/Scrapbook/tor

Austrian Tor Exit Node Operator Found Guilty As An Accomplice Because Someone Used His Node To Commit A crime

from the bad,-bad-news dept

Three years ago we wrote about how Austrian police had seized computers from someone running a Tor exit node. This kind of thing happens from time to time, but it appears that folks in Austria have taken it up a notch by… effectively now making it illegal to run a Tor exit node. According to the report, which was confirmed by the accused, the court found that running the node violated §12 of the Austrian penal code, which effectively says:

Not only the immediate perpetrator commits a criminal action, but also anyone who appoints someone to carry it out, or anyone who otherwise contributes to the completion of said criminal action.

In other words, it’s a form of accomplice liability for criminality. It’s pretty standard to name criminal accomplices liable for “aiding and abetting” the activities of others, but it’s a massive and incredibly dangerous stretch to argue that merely running a Tor exit node makes you an accomplice that “contributes to the completion” of a crime. Under this sort of thinking, Volkswagen would be liable if someone drove a VW as the getaway car in a bank robbery. It’s a very, very broad interpretation of accomplice liability, in a situation where it clearly does not make sense.

via Austrian Tor Exit Node Operator Found Guilty As An Accomplice Because Someone Used His Node To Commit A crime | Techdirt.

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