William was raided for running a Tor exit node. Please help if you can.

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Fri Nov 30 00:29:46 UTC 2012


On Thu, 29 Nov 2012, Naslund, Steve wrote:

[...]
>
> When it comes to running an open access point, I think the legal issue
> would be negligence.  Is it negligence for the 90 year old grandma to
> have an open AP (probably not, just didn't know better)?  Is it
> negligence for me to have an open AP (probably, I am a network
> professional and know how to secure a network).
>

In order for there to be a civil claim of negligence there must be, inter 
alia, a breach of duty.

What duty has been breached in your scenario?  None.

[...]
>
> This is certainly an interesting discussion and I think there are not a
> lot of concrete answers since this is on the edge of technology law.  I

Actually some of us have been teaching and writing about this stuff since 
the mid 1990s.  These issues are far from new; we went through them in the 
early anonymous remailer days.

<relurk>

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A. Michael Froomkin, http://www.law.tm Blog: http://www.discourse.net
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
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U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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