[OpenWireless Tech] Germany Court ruling affects open wifi

Alexander List alex at list.priv.at
Sun Nov 25 06:00:12 PST 2012


Which is a massive violation of communications privacy and freedom of
expression. The messenger (operator of a WiFi hotspot) doesn't have the
necessary skills to verify the legality of a message, nor is it his job.
That's the court's job, *after* somebody complains (sues) that a message
is in violation.

Thus, this type of censorship is unconstitutional in my humble opinion. 
But to clarifiy this for our German friends, some legislation at EU
level that removes legal uncertainties for hotspot operators and
community networks would be highly desirable.

Just my 5c

Alex

On 11/24/2012 07:36 PM, Natanael wrote:
>
> The way the article describes it, Tor outproxies would be liable too.
> I2P and all other networks like it too, even Gnunet.
>
> He is essentially saying that the messenger is liable for the contents
> of the message even if he can't know what it is. Which means that to
> avoid liability you can't pass on messages you don't know is legal.
>
> Steganography, anyone?
>
> Den 24 nov 2012 19:17 skrev "Sam Gleske" <sam.mxracer at gmail.com
> <mailto:sam.mxracer at gmail.com>>:
>
>     https://torrentfreak.com/anonymous-file-sharing-ruled-illegal-by-german-court-121123/
>
>
>     For those concerned about legal ramifications of running an open
>     Wi-Fi access point a German court has ruled that the owners of the
>     network are responsible for their users.
>
>     This affects the open wireless movement.
>
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>
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