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

["Michael Froomkin - U.Miami School of Law" <froomkin () law miami edu>]

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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