Subscribe / Unsubscribe Enewsletters | Login | Register

Pencil Banner

Tor exit node operator convicted of abetting spread of child porn

Loek Essers | July 10, 2014
The operator of a Tor server used by someone to download a pornographic image of a minor has been given a three-month suspended prison sentence by an Austrian court for abetting access to pornographic images of minors.

The court's decision in this case will probably have no direct effect on the liability of those running Tor services, said Maximilian Schubert, [CQ] general secretary of the Austrian association of Internet Service Providers (ISPA).

"The decision highly depended on the special circumstances of the case and particularly on the statements of the defendant which were seen by the court as encouraging the use of Tor services and its servers for the dissemination of child sexual abuse material. We are thus positive that it cannot be seen as a general ruling against Tor services," Schubert said.

The case however has highlighted legal challenges, he said.

"It still remains to be seen how the Austrian courts proceed in this issue. The decision was a very unfortunate one as it might cause misunderstandings as to the responsibility for running Tor services, when leaving aside the particular circumstances of the case at hand," Schubert said.

ISPA however is positive that Austrian courts will follow the reasoning of the Austrian Constitutional Court, which last month declared the country's data protection law unconstitutional because it violates fundamental privacy rights.

The Constitutional Court held that privacy and especially the secrecy of communication on the Internet have to be protected, Schubert said, adding that he expects that because of this ruling the legality of running Tor services will not be challenged.

 

Previous Page  1  2 

Sign up for CIO Asia eNewsletters.