"Anonymous" File-Sharing Darknet Ruled Illegal By German Court 285
An anonymous reader writes "A court in Hamburg, Germany, has granted an injunction against a user of the anonymous and encrypted file-sharing network RetroShare. RetroShare users exchange data through encrypted transfers and the network setup ensures that the true sender of the file is always obfuscated. The court, however, has now ruled that RetroShare users who act as an exit node are liable for the encrypted traffic that's sent by others."
Relax, it's just a Hamburg court (Score:5, Interesting)
For what it's worth, this is a copyright case and Hamburg is the preferred location for ridiculous lawsuits by rights holders due to their excessively industry friendly media rights chamber.
The BGH [wikipedia.org] overturns their verdicts with satisfying regularity and the defendant hopefully will appeal that one.
Remedy probably forthcoming shortly :P (Score:5, Interesting)
I can see it happening already, someone will donate to the judge a cheap and crap computer (Raspberry Pi fits the bill perfectly) and run up a Tor exit node on it. Much hilarity ensues. :-)
It's academic anyway, because this is a ruling that will get overturned in the EU for being in conflict with basic freedom of speech. Encryption of communications is not illegal in EU.
What's more, Europeans tend to be strongly opposed to the excesses of the copyright lobby, and strongly supportive of freedom of file sharing. The politicians even listen to them on this subject, as the official political representation shows. So, that judge is out on a rather lonely limb, and a stupid limb if he'd thought about the implications for two seconds before running off to the golf club. It's unlikely to stand.
Re:And here I thought... (Score:2, Interesting)
Did you just call the country that banned "hacking tools" intelligent? Really?
Re:That's what I always thought about Tor (Score:5, Interesting)
The person who pays for the Internet will get an offer that he cannot refuse. It's like speed cameras - nobody can be sure what specific member of the household drove that car, but the ticket is sent to the title holder.
If a crime had been committed and all N possible suspects are equally likely to be guilty, an enlightened idealist would say that the police will let them all walk. However a police professional will tell you that the police/prosecutor will select a prosecutable individual and railroad him regardless of his actions. If they picked a wrong man, chances are good that he will start talking and "the real killer" can be then arrested.
Besides, in most cases it's not rocket science to find out who did what. If the list of suspects includes your mother, who is an accountant, your grandfather who retired 30 years ago, and you (of the tender age of 18, studying computer science) many detectives will point their finger straight at you. A few hours in detention, a few colorful scenarios of whatever remains of your life, all masterfully explained to you by a seasoned professional, and you will break. They will question you for days asking the same questions, you will mix something up or lie in small details, they prove it, and that lie seals your fate. But why do I explain all that - the whole story is exactly about that, how they get "their men." Only Assange is still safe, but he can't hide forever. And if he does, it's nothing but a self-imposed prison sentence.
I would expect to be held responsible (Score:4, Interesting)
Re:Exit node malware coming soon (Score:5, Interesting)
Wait - who said that you get to define "darknet"?
Seemingly, the most accepted definition of a darknet would be, "I'm actually anonymous, there are no lights shining on me, I can be who and what I want to be, and no worries about the law, or the church, or my kin, or mobs chasing me down!"
For the most part, the people on the darkwebs I have navigated don't give a damn who sees their material. Their primary concern is that an oppressive government doesn't come kicking their doors down. Their secondary concern is to avoid embarrassment for the stuff being traced back to them. MOST people want other to read, or view, their original material. Whether that material be political in nature, or religious, or even CP, the people who produce it are indeed distributing the stuff as widely as they dare.
The public can download I2P or any other darknet software, install it, and browse the material published there. The government can do the same. Darknetizens WANT their voices to be heard.
Re:Remedy probably forthcoming shortly :P (Score:5, Interesting)