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AFAIK, in Germany (I know the article is about Austria but I'd guess their laws are similar) you can be held responsible if something illegal is conducted through your network (usually open WLANs). It's called "Störerhaftung" and is pretty crazy because it essentially means every grandmother has to become a sysadmin of sorts. This is used a lot in film download trials etc.

ISPs are explicitly excluded from this and not held responsible.



A major difference is that "Störerhaftung" is matter of civil liability only, not criminal liability. Moreover, "Störerhaftung" entitles the injured party only to injunctive relief, not to damages (unless, of course, you signed a cease and desist agreement, in which case contractual penalties may apply). "Haftung" (= liability) is thus a bit of a misnomer.

Moreover, the current German government is considering legislation to eliminate "Störerhaftung" with respect to unprotected WLAN access.

As for:

> ISPs are explicitly excluded from this and not held responsible.

This is not accurate. The "provider privilege" that ISPs enjoy in Germany only immunizes them against claims involving damages; injured parties can and do request injunctions based on "Störerhaftung" (whether such injunctive relief is granted is another story, especially when the desired injunction is ineffective). In fact, there have been cases where providers have been held to higher standards than private individuals because of their greater expertise (e.g., LG Hamburg 310 O 433/10 [1]). The details are still far from settled law, though.

[1] http://openjur.de/u/82969.html


> ISPs are explicitly excluded from this and not held responsible.

Time to form a shell company in the ISP business to host your Tor servers, then?

Or are there specific requirements that would prevent such a plan (recordkeeping seems like the obvious one)


There was a story about a Retroshare guy from Germany being prosecuted in a similar case, but the Court cleared him.




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