[HN Gopher] Another police raid in Germany
       ___________________________________________________________________
        
       Another police raid in Germany
        
       Author : costco
       Score  : 221 points
       Date   : 2024-09-10 20:12 UTC (2 hours ago)
        
 (HTM) web link (forum.torproject.org)
 (TXT) w3m dump (forum.torproject.org)
        
       | LinuxBender wrote:
       | Archive [1]
       | 
       | [1] - https://archive.is/LDTL8
        
       | walrus01 wrote:
       | Historical:
       | 
       | "Why you need balls of steel to operate a tor exit node"
       | 
       | http://web.archive.org/web/20100414224255/http://calumog.wor...
       | 
       | The above is within the context of a western legal system, and
       | certainly since it was written domestic law enforcement has
       | become even more militarized and aggressive. I would be
       | absolutely unsurprised if the same thing happened today and it
       | resulted in a battering ram on the door at 0400 in the morning,
       | flashbang grenades and the house being rampaged through by a SWAT
       | team.
        
         | tptacek wrote:
         | Has that ever happened to a Tor node operator? If it hasn't,
         | what's the closest incident to a Tor node operator you're aware
         | of where it has?
        
           | dewey wrote:
           | In my country there was this famous case ~a few~ many years
           | ago: https://www.zdnet.com/article/austrian-man-raided-for-
           | operat...
        
           | golergka wrote:
           | https://lwn.net/Articles/720231/
        
         | chucksmash wrote:
         | > As a parent of very young children I have an extensive
         | network of friends and contacts in my neighbourhood who also
         | have children. As we know the subject of paedophilia is not one
         | that can be debated with any rationality at all _in the UK_. It
         | is surrounded by hysteria. I was terrified that people would
         | find out that my computer had been taken because of that - 'no
         | smoke without fire'.
        
         | numpad0 wrote:
         | Many European countries have standing police armed forces,
         | closer to army national guards than blue shirted civilian
         | police. They're for suppressing resistance forces and
         | revolutionary uprisings, and they tend to fill roles of FBI
         | too. I think that contributes more to normalization of MP5
         | ninjas fast roping down through your chimney for Internet
         | crimes in Europe than law enforcement over-militarization had
         | done.
        
       | Manuel_D wrote:
       | I'm not sure how a Tor exit node could operate legally. Tor is
       | widely used for illegal activities. Like drug sales and CSE
       | media. If a government goes on Tor, downloads such material
       | they'll easily see the exit node as the last hop in the chain.
       | It's a clear-cut case that the exit node operator facilitated
       | illegal activity.
       | 
       | My assumption is that Germany has some sort of common-carrier
       | privileges for Tor node operators. In America, telecoms can't be
       | sued for facilitating illegal activity. But they do have to
       | assist law enforcement with finding criminals when requested.
       | 
       | Would be happy to hear from someone who is more knowledgeable in
       | this area.
        
         | Hizonner wrote:
         | > I'm not sure how a Tor exit node could operate legally. Tor
         | is widely used for illegal activities.
         | 
         | How do ISPs operate legally? Every single thing that's ever
         | been done over a Tor relay has crossed multiple ISPs.
        
           | Manuel_D wrote:
           | > How do ISPs operate legally?
           | 
           | I described exactly that in my second paragraph.
        
             | Hizonner wrote:
             | Tor relay operators are, as a rule, entirely willing to
             | give law enforcement all the information they have about
             | connections that have gone through their relays. They
             | simply don't have any. And there's no legal requirement for
             | them to have any.
             | 
             | ... or at least there never was in the past. The new wave
             | of stupid and extremely broad "duty of care" laws that try
             | to apply to the _design_ of any and every communication
             | service may change that. But it hasn 't been litigated
             | anywhere.
        
               | bawolff wrote:
               | The original post mentioned facilitation, which from what
               | i understand is when you assist comitting a crime but
               | have no secific knowledge of the crime.
               | 
               | I imagine for tor, the reason is that there are also good
               | uses for tor. However i dont think "i intentionally know
               | nothing" works as a defence in general.
               | 
               | Ianal
        
               | Hizonner wrote:
               | I was answering something about assistance to law
               | enforcement, which isn't the same issue as facilitation
               | of crime.
               | 
               | "Facilitation" as an _offense in itself_ is one of those
               | things that tends to be a real thing, but varies a lot
               | depending on the jurisdiction. In _most_ places, _most_
               | of the time, you 're only going to get in trouble for
               | facilitating crime if your service is especially set up
               | to be unusually useful for crime. You're especially
               | vulnerable if you specifically designed it for crime. If
               | those things apply, then knowing it's being used for
               | crime (but not necessarily on which specific occasions)
               | can make it worse for you. Give or take, depending on
               | where you live.
               | 
               | In the past, Tor nodes, even exit nodes, have mostly
               | gotten a pass, at least in countries where most of them
               | are located. They get raided all the time, but largely as
               | cases of mistaken identity. That's probably because
               | _most_ Tor traffic has historically probably been people
               | trying to hide from ad tracking or people worried about
               | their perfectly legal activities being spied on. So it 's
               | hard to say the service is really aimed at illegal
               | activity.
               | 
               | Things are tightening up worldwide, in statute and
               | probably in case law, mostly because of Tor and other
               | services possibly being swept in by standards primarily
               | aimed at social media. We may start seeing Tor nodes
               | targeted because Tor is now considered "too adapted to
               | legal activity", or even because node operators are "not
               | doing enough to prevent" illegal activity (including
               | redesigning the system if necessary).
               | 
               | But until fairly recently that's been more what you'd
               | expect to see in North Korea than what you'd expect to
               | see in Germany (or the US).
        
               | Manuel_D wrote:
               | Whether or not the exit node operators retained logs is
               | besides the point. These exit nodes are facilitating
               | illegal activities, and it's trivial to prove. How do
               | they not get arrested?
               | 
               | It sounds like Germany extends some sort of carrier
               | protection to Tor exit node operators. E.g. if someone
               | organizes a drug deal over the phone, Verizon is not
               | liable. But Verizon does have to meet some minimum
               | standards of records keeping and law enforcement
               | assistance (wire tapping).
        
               | lokar wrote:
               | Lots of people and organizations facilitate crime. That's
               | not generally the legal standard. They typically must be
               | proved to done so intentionally (or with reckless
               | disregard)
        
               | numpad0 wrote:
               | No, it is. There are more often specific laws that exempt
               | platformers of liabilities on condition that they keep
               | logs and cooperate with LE.
               | 
               | Perhaps the most famous example is DMCA: [Google] is
               | exempt from liabilities for hosting pirated movies on
               | [YouTube] by US laws, on condition that it's not actively
               | involved with it and fully robotic with takedowns.
        
               | golergka wrote:
               | If a criminal rode on a bus to place of the crime, is the
               | bus driver automatically liable? Bus company? Is his
               | phone company liable because he talked about his crimes
               | on the phone?
        
               | codedokode wrote:
               | Does iMessage or WhatsApp has wire tapping feature? Are
               | they "facilitating illegal activities"?
        
               | Manuel_D wrote:
               | If a government investigator joins a WhatsApp channel
               | where loads of people are sharing CSE, WhatsApp _will_
               | help the government find the people responsible. WhatsApp
               | encrypts the content of the data, but they retain message
               | logs and do cooperate with law enforcement. Presumably
               | the same for iMessage.
               | 
               | This largely conforms with how the first telecoms
               | received immunity for abuse of their services. They
               | retain logs and assist the government with
               | investigations, and in exchange they are shielded from
               | liability. WhatsApp and iMessage would probably cooperate
               | to the same extent, minus wire-tapping messages in
               | transit (because they can't). That's vastly greater
               | cooperation than a tor exit node operator that retains no
               | logs.s
        
             | RobRivera wrote:
             | What law mandates forced compliance outside subpoenas?
        
               | Manuel_D wrote:
               | Communications act of 1934, among others: https://en.wiki
               | pedia.org/wiki/Communications_Act_of_1934#Wir...
        
               | RobRivera wrote:
               | Both the communication acts of 34 and 96(?) Do not
               | require software operators to legally do what LEO tells
               | them to do without subpoena.
        
               | Manuel_D wrote:
               | The question was about ISPs.
        
           | tensor wrote:
           | ISPs cooperate with law enforcement and often happily give
           | out the information for people doing illegal things on their
           | networks. I realize that operators of Tor exit nodes likely
           | can't help track people on the Tor exit nodes, but I doubt
           | law enforcement cares, they just see it as "not helping"
           | while they see ISPs as "helping."
        
             | Hizonner wrote:
             | Courts, and even law enforcement, _are_ actually smart
             | enough to know that they have to enforce the laws as
             | written and that they can 't just act on their feels. At
             | least most of the time. In many places.
        
               | beaglesss wrote:
               | They can't say they're breaking the law but as long as
               | they don't admit to wrongdoing they can accomplish the
               | goal of picking up pretty much anyone for _something._.
               | 
               | It's best to assume the government is a hostile, rabid
               | actor who will seize any reachable assets and your
               | freedom at any point they wish and proceed accordingly.
        
             | varenc wrote:
             | The core question here is w whether law enforcement
             | actually believes, incorrectly, that the exit node
             | operators are being intentionally unhelpful, or if they
             | understand that due to Tor's design the exit node operators
             | have no valuable information but the police continue to
             | raid them anyway as a scare tactic.
        
               | aniviacat wrote:
               | > The core question here is w whether law enforcement
               | actually believes, incorrectly, that the exit node
               | operators are being intentionally unhelpful
               | 
               | They could keep logs, but they choose not to. They _are_
               | intentionally unhelpful.
               | 
               | The reason they aren't keeping logs is not for the
               | privacy of others.
               | 
               | If I run an exit node, I know I am not reading the logs
               | to garner personal information of others. And unless
               | someone hacks my server and goes through the logs, which
               | is extremely unlikely, noone else will read the logs
               | either.
               | 
               | The only one reading the logs would be law enforcement.
               | 
               | By not keeping logs, you are intentionally hindering law
               | enforcement.
        
               | alasdair_ wrote:
               | >By not keeping logs, you are intentionally hindering law
               | enforcement.
               | 
               | This is why I keep a diary indicating every single person
               | I've ever interacted with, along with the date, time and
               | place. It's a pain to do so and it takes up a lot of
               | storage space and it makes people wary about interacting
               | with me but I'd certainly never want to hinder law
               | enforcement.
        
               | afh1 wrote:
               | Of course not keeping logs is for privacy. You seem to
               | think "law enforcement" is about "catching the bad guys"
               | when it's actually that AND going after whistleblowers,
               | journalists, or, in most countries, just ordinary
               | citizens the current people in power don't like, even if
               | no crime was committed. This romantic view of government
               | and police bears on childish.
        
               | gwd wrote:
               | > incorrectly, that the exit node operators are being
               | intentionally unhelpful
               | 
               | I mean, exit node operators _are_ being intentionally
               | unhelpful? They 're intentionally helping people who
               | don't want to be tracked. "I don't want to give you the
               | papers" and "I can't give you the papers because I burned
               | them so that I couldn't give them to anybody" are
               | equivalent morally; the only difference is that the
               | latter is irreversible.
               | 
               | There are good reasons to not want to be tracked, but
               | there are also bad reasons to not want to be tracked.
               | Exit node operators have chosen to help both. Police on
               | the whole tend not to be the kinds of people who
               | understand the "good reasons not to want to be tracked"
               | thing.
        
               | cesarb wrote:
               | > "I don't want to give you the papers" and "I can't give
               | you the papers because I burned them so that I couldn't
               | give them to anybody" are equivalent morally; the only
               | difference is that the latter is irreversible.
               | 
               | There are other differences. One is after the fact, the
               | other is a decision made before the fact; one is specific
               | (rejecting that request in particular), the other is
               | general (all requests of that type are guaranteed to be
               | affected equally).
               | 
               | It's the same with, for instance, email retention
               | policies. We accept that old messages are irrevocably
               | deleted after X days, even when we require them to be
               | produced once requested if they still exist.
        
               | gwd wrote:
               | > It's the same with, for instance, email retention
               | policies.
               | 
               | Indeed it is. The _intention_ and _moral purpose_ of
               | email deletion policies is to reduce the risk of
               | embarrassing or incriminating emails being turned up as
               | part of a lawsuit or investigation -- in other words, to
               | be unhelpful.
               | 
               | The _legal justification_ for being unhelpful in both
               | cases is that  "this is just policy, we're treating
               | everyone the same". That doesn't change the fact that in
               | both cases the intent was to be unhelpful to
               | investigators.
        
         | ponorin wrote:
         | Exit node applies only to traffic that goes into a clearnet.
         | You could to illegal stuff, but only tor users have protection
         | and website owners are liable to raids should they allow
         | illegal stuff to happen on their platforms.
         | 
         | With Tor Hidden Service there's no exit node as such since
         | traffic terminates inside the Tor network. The networking route
         | is doubly anonymized so both the server and the client can't
         | track each other down.
        
           | Manuel_D wrote:
           | Perhaps I'm not understanding something. I'm imagining this
           | scenario:
           | 
           | 1. Bob is running a Tor exit node.
           | 
           | 2. Charlie is a government official investigating illegal
           | content (use your imagination)
           | 
           | 3. Charlie downloads illegal content via Tor
           | 
           | 4. This content is sent to Charlie from Bob's exit node.
           | 
           | 5. Charlie observes that Bob's exit node sent him illegal
           | content.
           | 
           | I understand that even if Bob is raided and his computer
           | searched, they cannot find the website hosting the illegal
           | content. But Charlie would know that Bob helped deliver the
           | illegal content. Tor Hidden Service does not anonymize the
           | exit node from the client.
        
             | varenc wrote:
             | Your mixing up general Tor use vs Tor hidden services. With
             | hidden services there's not really an exit node because the
             | traffic never exits the Tor network.
             | 
             | Charlie could only see the machine in the final step of
             | requesting the illegal content it Charlie was hosting the
             | hidden service themselves. These requests can come from
             | many different Tor operators not just exit nodes.
        
               | Manuel_D wrote:
               | To be clear, Bob is not the host of the illegal content.
               | Bob is just the second-to-last hop before the content
               | reaches the end destination (Charlie). My understanding
               | of the tor network is that it obfuscates traffic across
               | many hops. The path content takes from the host to
               | Charlie:
               | 
               | Host -> Node 1 -> Node 2 -> ... Bob -> Charlie
               | 
               | this obfuscates the Host from Charlie. But Charlie knows
               | that Bob sent him illegal content. Yes, Bob didn't _host_
               | the content. The host is obfuscated. But Bob is still
               | delivering illegal content and Charlie knows it.
        
               | aniviacat wrote:
               | Exit nodes are not the nodes that are directly facing tor
               | users. Those nodes are called "Guard Relays".
               | 
               | Guard Relays usually don't have these issues, since you
               | have to be somewhat technical to actively probe relays by
               | requesting content through tor. And technical people know
               | there isn't any point to rading an operator's home.
        
             | Vecr wrote:
             | Hidden service connections don't go through exit nodes. In
             | theory it's two back-to-back Tor connection that meet
             | somewhere in the network, but you can also think of it
             | (possibly more correctly) as a six-hop Tor connection to an
             | exit node that is only used to directly connect to the
             | backend server. If set up right this prevents government
             | sniffing at all points.
        
               | Manuel_D wrote:
               | The final recipient is going to be able to decrypt the
               | content, right? Regardless of "hidden service connection"
               | or "exit nodes". Charlie is the final recipient and will
               | be able to decrypt the content and know that it's illegal
               | content.
               | 
               | Is there some mechanism that prevents Charlie from
               | knowing who sent the content to him? Fundamentally, you
               | can't stop the government from sniffing at the endpoint.
               | Because they're not really "sniffing" they're just
               | requesting content like any normal Tor user.
        
               | Hizonner wrote:
               | > Is there some mechanism that prevents Charlie from
               | knowing who sent the content to him?
               | 
               | That is, in fact, the whole point of Tor. In the hidden
               | service case, neither end can identify the other.
        
               | Manuel_D wrote:
               | Sorry, in case I wasn't clear, I'm not talking about
               | identifying the site _hosting_ the content. I 'm talking
               | about the second-to-last hop in the traffic. My
               | understanding is that Tor obfuscates traffic by sending
               | through several hops, each one decrypting a layer of
               | traffic (hence the "onion" network). So we have:
               | 
               | Host -> Node 1 -> Node 2 -> .... -> Bob -> Charlie.
               | 
               | Charlie doesn't know where the Host is. But Charlie does
               | know that Bob sent him illegal content. Or is that final
               | link, from Bob to Charlie, also obfuscated somehow? If
               | so, how did OP get raided by police if he's supposed to
               | be hidden?
        
               | Hizonner wrote:
               | OK, so there are basically three cases:
               | 
               | 1. Charlie is running a client and downloads something.
               | In which case Bob is an _entrance_ node, not an exit
               | node, but it 's essentially the same thing. Charlie does
               | know that the next hop is Bob. Depending on whether the
               | ultimate destination is a hidden service or on the
               | clearnet, Charlie may or may not know who's running that
               | service.
               | 
               | 2. Charlie is running a hidden service, and somebody
               | _uploads_ something. Charlie knows that it came via Bob,
               | but doesn 't know where it came from.
               | 
               | 3. Charlie is running a regular clearnet Web server, and
               | somebody uploads something to Charlie via Bob's exit
               | node. Again Charlie sees that the traffic comes from Bob.
               | 
               | In the first two cases, Charlie has to be actually
               | running the Tor software, and knowingly using Tor. So
               | Charlie also knows that (a) Bob is just a relay, (b) Bob
               | doesn't actually host the content, (c) Bob doesn't handle
               | more than a packet or two of the content at a time, and
               | deletes those as soon as they've been relayed, (d) Bob
               | doesn't know, and can't find out, what the content
               | actually is, (e) Bob doesn't know, and can't find out,
               | where the content originally came from, and (f) Bob is
               | really unlikely to keep any record of the whole
               | connection after the session is over, which means
               | probably no more than 10 minutes or so.
               | 
               | If that's enough to go after Bob, then it's enough to go
               | after Bob... but historically it hasn't been. Bob can
               | reasonably claim not only that he doesn't know what that
               | particular traffic was, but that, although he knows
               | there's probably _some_ illegal traffic, _most_ of the
               | traffic he relays is probably legal.
               | 
               | In the third case, it looks to Charlie like Bob is the
               | ultimate user. Unless Charlie does some investigation,
               | Charlie may go raid Bob. But Charlie _should_ then find
               | out all that other stuff.
               | 
               | I think the most common actual case is that Charlie is
               | running a honey pot, either as a hidden service or on the
               | clearnet, and somebody gets the content _from_ Charlie
               | via Bob. But the same basic ideas apply.
               | 
               | The main issue isn't that Charlie doesn't know what the
               | content is, but that _Bob_ doesn 't.
               | 
               | [Oh, and on edit, just to be clear: In the first two
               | cases, that "packet or two" that Bob may ephemerally
               | buffer is encrypted so that Bob can't read it, nor can
               | any other relay. In the third case, where Charlie is a
               | clearnet service, the end user is usually still using
               | TLS, so Bob _still_ can 't read it. And none of the non-
               | exit relays can read it no matter what.]
        
               | Manuel_D wrote:
               | > So Charlie also knows that (a) Bob is just a relay, (b)
               | Bob doesn't actually host the content, (c) Bob doesn't
               | handle more than a packet or two of the content at a
               | time, and deletes those as soon as they've been relayed,
               | (d) Bob doesn't know, and can't find out, what the
               | content actually is, (e) Bob doesn't know, and can't find
               | out, where the content originally came from, and (f) Bob
               | is really unlikely to keep any record of the whole
               | connection after the session is over, which means
               | probably no more than 10 minutes or so.?
               | 
               | But at the end of the day Charlie, the government agent,
               | is catching Bob in the act of delivering illegal content.
               | 
               | Imagine a government agent buys drugs on the dark web and
               | arrests the courier. The courier protests, "I didn't know
               | it was drugs, I didn't ask what was in the package". Do
               | you think that defense is going to keep the courier out
               | of prison?
               | 
               | It sounds like Germany is treating Tor operators as
               | common carriers, and not holding them liable for content
               | they delivery. They're being quite generous in that
               | regard, in most countries the node operators are probably
               | not met with such leniency.
        
               | cesarb wrote:
               | > Imagine a government agent buys drugs on the dark web
               | and arrests the courier. The courier protests, "I didn't
               | know it was drugs, I didn't ask what was in the package".
               | Do you think that defense is going to keep the courier
               | out of prison?
               | 
               | I, recently, bought a computer mouse from an online shop.
               | The courier who brought me the package had no idea it
               | contained a computer mouse. It might have been listed on
               | the manifest outside the package, but even then, the
               | courier had no way of knowing whether that was true
               | without opening the package.
               | 
               | So, yes, I do think that defense can keep the courier out
               | of prison.
        
               | Manuel_D wrote:
               | Reality demonstrates otherwise: plenty of drug mules are
               | in prison because the jury didn't buy into this defense.
        
               | alasdair_ wrote:
               | >Imagine a government agent buys drugs on the dark web
               | and arrests the courier. The courier protests, "I didn't
               | know it was drugs, I didn't ask what was in the package".
               | Do you think that defense is going to keep the courier
               | out of prison?
               | 
               | Well, yes, otherwise FedEx and UPS would quickly go out
               | of business.
        
               | Manuel_D wrote:
               | FexEx and UPS receive immunity as carriers in exchange
               | for several things. Minimum standards around
               | recordkeeping and knowing their customers is one.
               | Assisting the government with law enforcement (tracking
               | down customers, scanning packages, etc.) is another.
               | 
               | Juries aren't stupid, they're not going to buy it when
               | the courier says, "I just saw this online ad for
               | deliveries on the dark web. Sure, it paid way more than
               | normal delivery jobs but that's not cause for suspicion,
               | right?"
               | 
               | And that's exactly what a tor node is doing: delivering
               | content from the dark web. As far as I'm concerned,
               | Germany is being very generous in its decision to let
               | these operators continue to operate despite knowing full
               | well that they are enabling criminal activity.
        
               | Hizonner wrote:
               | > Do you think that defense is going to keep the courier
               | out of prison?
               | 
               | Yes. That happens every day.
               | 
               | > It sounds like Germany is treating Tor operators as
               | common carriers,
               | 
               | That's probably because they basically _are_ common
               | carriers. And the service isn 't particularly designed
               | for illegal activity, even it can be useful for that.
               | It's _especially_ not designed for activities that tend
               | to be illegal in the  "free world".
               | 
               | > in most countries the node operators are probably not
               | met with such leniency.
               | 
               | The Tor network has been running for about 20 years.
               | There are on the order of thousands of relays. Unlike
               | users, relay operators aren't anonymous; there's a public
               | list of their IP addresses. The relays are all over most
               | of Europe, especially Western Europe, and the Americas,
               | especially the US and Canada, with a not-insignificant
               | number of them in other countries.
               | 
               | So far as I know, nobody's ever been arrested, let alone
               | convicted, for running a Tor relay. If they have, it's
               | been in the sort of country where you also get arrested
               | for running a newspaper. That may change soon, but it's
               | still the case so far. Oh, and a good chunk of the
               | funding for development (but not relay operation) comes
               | from the US government.
               | 
               | You say "leniency", I say "not being an authoritarian
               | hellhole".
        
         | RobRivera wrote:
         | >it's a clear-cut case that the exit node operator facilitated
         | illegal activity.
         | 
         | If someone leveraged your employment services to commit crime,
         | would you consider yourself having facilitated illegal
         | activity?
        
           | Manuel_D wrote:
           | My past employers have had to scramble to prevent things like
           | hackers using their service for C&C, malware distribution,
           | etc. Companies usually have to meet some minimum standard to
           | enjoy immunity from liability for abuse of their services.
           | Telecoms need to retain logs, know the identity of their
           | customers, and assist with government wiretapping for
           | example.
        
         | bawolff wrote:
         | IANAL, but i imagine it comes down to how many legit purposes
         | tor has vs the illegal ones.
         | 
         | I have no idea where the line is, but like we dont charge art
         | supply stores with facilitating forgery, so some amount of bad
         | usage is clearly acceptable.
        
           | RobRivera wrote:
           | Well the great thing about U.S.C is that you don't have to
           | imagine, you can read the docs.
           | 
           | Measure of purposes, 'legit or otherwise', is not a law for
           | anything ever.
        
             | bawolff wrote:
             | Fun fact, usc does not apply to germany where the article
             | is about.
             | 
             | But regardless, in both systems i am very certain your
             | purpose ("intent") matters a lot. (Details depend on the
             | specific crime in question)
        
               | beaglesss wrote:
               | All sorts of foreigners have been extradited for
               | supposedly violating USC despite never stepping foot in
               | America. They could argue the node operator facilitated
               | money laundering that touched a US bank, that they
               | conspired with a US person, a US CSAM victims likeness
               | went through the node, etc etc.
               | 
               | USC has extraterritorial power about everywhere but NK,
               | Russia, and Iran either formally or through influence.
        
               | bawolff wrote:
               | Normally extradition requires the activity to be a crime
               | in both juridsictions.
        
               | RobRivera wrote:
               | Forest for the trees, compadre.
               | 
               | :%s/USC/law/g
               | 
               | I distinctly believe you do not care to better understand
               | the reality and the nuance, however.
        
         | codexb wrote:
         | You can make the same argument for developers of encryption.
         | There are legitimate reasons for privacy. The fact that
         | criminals want privacy, too, doesn't mean privacy should be
         | illegal.
        
       | edm0nd wrote:
       | Part of the reason I sadly stopped running any exit nodes was law
       | enforcement harassment.
       | 
       | I ran a few exits for about about ~5 years. In those 5 years, my
       | hosting provider (DigitalOcean) received 3 subpoenas for my
       | account information.
       | 
       | The first two were random. The 1st one was someone sent a bomb
       | threat email to a university. The 2nd one was someone sending a
       | phishing email.
       | 
       | The last and final subpoena was the most serious one. Some
       | nation-state hackers from Qatar had ended up using my exit IP to
       | break into some email accounts belonging to people they were
       | interested in and spied upon them and stole some info.
       | 
       | Thankfully both the Tor Project and the EFF were able to help me
       | pro-bono. The EFF lawyer that was assigned to me helped me fight
       | this subpoena but ultimately we had to turn over my account
       | information to the DOJ + I had to give an affidavit stating that
       | I was simply just an operator and nothing on the server in
       | question would be useful to their investigation (by design).
       | 
       | The stress of having to deal with law enforcement, lawyers, and
       | having to entertain the possibility of having my home raided over
       | something so silly ultimately led to me finally shutting down my
       | exits.
       | 
       | Even though I had all of my exits using a reduced exit policy and
       | I would blacklist known malicious IPs and c2/malware infra from
       | being able to use it, I was still a target.
       | 
       | I feel law enforcement realizes this is a big weakness they can
       | target since a lot of Tor exit operators are individuals with not
       | a lot of resources to fight them. They can use the legal system
       | to scare operators into shutting down.
       | 
       | I one day hope to resume running exits as I find it rewarding to
       | be able to help people from around the world in a small way.
        
         | beaglesss wrote:
         | Wouldn't the true exit node be the ISP as you are one clear
         | node behind them? How many ISP execs get raided by SWAT teams?
        
           | edm0nd wrote:
           | Yes the IP was just a DO vps I setup to be a Tor exit.
           | 
           | That's why they requested my personal account information,
           | billing info, IPs that I logged into DO with, all of that.
           | 
           | If not interrupted by me getting the help of the amazing EFF
           | lawyers, the next step after getting my personal information,
           | could have been to raid my home and seize all my electronics.
           | I work from home and would have been greatly disrupted and
           | not been able to work without my computers and etc. Then I'd
           | have to wait months/years to be found innocent and then get
           | all of my electronics back + spend thousands on lawyers.
           | 
           | During all of this, the EFF lawyers straight up told me to
           | prepare my home as if it were to be raided and encrypt all my
           | devices.
           | 
           | Thankfully it did not come to that.
        
         | Hizonner wrote:
         | I actually think that Tor should deemphasize exit nodes and
         | trying to provide access to the clearnet, in favor of better
         | hidden services.
         | 
         | Nearly every major site ends up either totally blocking
         | anything that comes from a Tor relay, or applying massive
         | numbers of weird CAPTCHAs and restrictions, so it's getting to
         | be basically unusable anyway.
        
           | genpfault wrote:
           | > I actually think that Tor should deemphasize exit nodes and
           | trying to provide access to the clearnet, in favor of better
           | hidden services.
           | 
           | Isn't that I2P[1]?
           | 
           | [1]: https://en.wikipedia.org/wiki/I2P
        
           | beefnugs wrote:
           | There really is a fundamental difference between : secure end
           | to end messages of willing participants. VS arbitrary
           | anything-illegal from someone else's public ip.
        
         | shadowgovt wrote:
         | But flipping the script: bomb threats and Qatar conducting
         | international espionage aren't silly things as far as the
         | government is concerned, and if we intentionally interpose
         | ourselves in the comms channel in a way that the attack trace
         | stops at us, we should be expecting follow-up from a human
         | being tasked with enforcing the law, right?
        
           | edm0nd wrote:
           | I suppose my issue stems from my perception of the seemingly
           | lack of serious investigation on their law enforcement side.
           | 
           | If you had visited any of my exit nodes via port 80 or 443, I
           | had a lander on them stating that it was a Tor exit node and
           | to please contact me if you wanted your IP to be blacklisted
           | from it. I also stated that there was no useful information
           | contained on this server (by design) that would be helpful
           | for any evidence gathering or investigations. Seriously, all
           | they had to do was plug my IP into a browser or do a simple
           | scan of it but I suppose that's asking too much from LE lol.
           | 
           | Additionally, Tor exit nodes are public and all they had to
           | do was look into my IP more than 5 seconds after finding it
           | in logs somewhere and firing off a warrant or subpoena for
           | it. The first two were straight up vague templated fishing
           | expeditions. The 3rd subpoena actually came straight from the
           | DOJ and was a lot more detailed and serious.
           | 
           | They should know what Tor is and know that any Tor server
           | contains ZERO info that would be able to assist them in
           | whatever they are attempting to investigate.
           | 
           | Sure, I do think such situations require follow-up but as
           | soon as they are informed it's a Tor ip, they should know to
           | drop any pursuit of getting evidence from it. They do not,
           | they continue to go after you via legal means. Even though I
           | had the EFFs help, this entire process still took months.
           | 
           | It's pretty stressful to be in a situation where its lil ole
           | me VS the entire United States government who has unlimited
           | resources, time, and money to go after you.
           | 
           | I am extremely blessed to have had the EFF lawyers at my
           | defense and will forever be a life long supporter and donor
           | to them. They really do fight for our digital rights and can
           | help defend you in a digital equivalent of a David versus
           | Goliath situation.
        
             | shadowgovt wrote:
             | > Seriously, all they had to do was plug my IP into a
             | browser or do a simple scan of it but I suppose that's
             | asking too much from LE lol.
             | 
             | I mean, yes, I'm pretty sure "just take my word for it" is
             | asking too much of LE.
             | 
             | We can always say "Come back with a warrant" but then
             | sometimes they'll come back with a warrant.
             | 
             | > They should know what Tor is and know that any Tor server
             | contains ZERO info
             | 
             | Unless, of course, one has misconfigured it... Which could
             | be the case. Definitely the kind of thing LEO can figure
             | out on the other side of a seize-and-strip of the hardware.
             | Unfortunately, I think the only way to not be a part of the
             | story here is to not be a part of the story here... Don't
             | proxy anonymous traffic if you don't want law enforcement
             | asking after the anonymous traffic you proxied. Otherwise,
             | expect the responsibility imposed upon a service provider
             | (since you're providing a service).
             | 
             | Other ISPs avoid this scrutiny by going out of their way to
             | be helpful to law enforcement.
        
               | edm0nd wrote:
               | Yup that's the same conclusion that I've come to for now.
               | I got a family and stuffs now so don't want to bring any
               | stress to them.
               | 
               | One day I will resume but in the future :)
        
             | madars wrote:
             | Maybe they did not expect any useful info? One gets jaded
             | but https://en.wikipedia.org/wiki/The_purpose_of_a_system_i
             | s_wha...
        
               | fn-mote wrote:
               | That isn't the reading I would make of the situation.
               | 
               | Like the OP says, it's harrassment to discourage
               | continued operation.
        
               | jacobgkau wrote:
               | I think that's what the person you replied to was saying.
               | The purpose of the "system" of law enforcement is not
               | what they say it is (to try and gather evidence from the
               | server), but rather is what the system does (get people
               | to shut down exit nodes because of the hassle).
        
             | cortesoft wrote:
             | The end goal is probably to get you to do what you did,
             | which is shut down the exit node. If they make it painful
             | to run a Tor exit node, they make Tor harder to use.
        
               | lolinder wrote:
               | Exactly. Which is not as obviously an unethical approach
               | as some here would think--if you are standing between law
               | enforcement and a bomb threat, "I'm intentionally
               | ignorant of the activities of the people that I'm
               | shielding" is a morally dubious place to stand. The law
               | allows law enforcement to subpoena records related to an
               | investigation like this, and I honestly think it's fair
               | to force Tor exit node operators to handle those
               | subpoenas every time, even if the answer is always the
               | same.
               | 
               | To have some sort of automated process in place to
               | deflect blame allows an exit node operator to ignore the
               | real damage their work can do. They may still decide that
               | the good that they're doing outweighs the bad, but
               | forcing them to see the negative consequences of
               | shielding anyone who wants a shield has value.
        
               | courseofaction wrote:
               | Is that the horseman we're giving up our rights for
               | today?
        
               | lolinder wrote:
               | Your right to knowingly run a service that is used by
               | people to kill other people while never having to
               | interact with the consequences of that decision?
               | 
               | I'm not suggesting people shouldn't be able to run a Tor
               | exit node. I'm suggesting that people who run Tor exit
               | nodes should occasionally have to a deal with a subpoena
               | that says "your exit node was used by a criminal to hurt
               | people in ${these ways} and we require any information
               | you have to help apprehend the attacker."
               | 
               | I don't want to deprive anyone of the right to make a
               | moral decision, but I do want them to feel the weight of
               | the full import of that decision.
        
             | luckylion wrote:
             | There's a very productive spammer that sends out spam for
             | their shops and, on their home page, they have a big info
             | about how they didn't send that spam, and it's just
             | somebody else trying to ruin their reputation.
             | 
             | If all you'd need to deter law enforcement is to put a
             | website up on your server and say that you don't have
             | anything to do with anything happening on that server and
             | that they shouldn't bother because there's nothing to see
             | anyhow, a lot more criminals would do that. I'm sure they'd
             | even put an actual exit node on their machines if that
             | protected them from law enforcement.
        
               | edm0nd wrote:
               | Fair enough!
        
           | treebeard901 wrote:
           | The danger is that the Government could just make all this up
           | to specifically target nodes they do not control.
           | 
           | The exit nodes have been known to be the weakest part of the
           | tor design. It has been a logical theory for a while that all
           | exit nodes are visible to the U.S. Govt.
           | 
           | This is just one way they can leave a system like Tor up for
           | their uses and also make sure anything domestically is fully
           | visible to them.
        
             | impossiblefork wrote:
             | What about timing attacks though, things like governments
             | controlling things coming and going into routers and the
             | internet as a whole?
             | 
             | Surely that's worse than the exit nodes?
             | 
             | The way I see it, the right approach is some kind of
             | continuous communication where messages end up in fixed
             | slots, where if no message would have gone, there'd have
             | been a randomly generated message.
        
           | gary_0 wrote:
           | Yes, but they should be able to investigate without placing
           | an undue burden on exit node operators (or regular people
           | with a compromised device that was used as a proxy).
           | Unfortunately it's hard not to be cynical and assume that
           | these kinds of overreactions (and worse) are going to
           | continue. But in my opinion, any society where policing is
           | convenient for the police is a horrible place to live. (Is it
           | really such a radical concept that law enforcement should be
           | focused on protecting the innocent, not punishing the
           | guilty?)
        
             | lolinder wrote:
             | > but they should be able to investigate without placing an
             | undue burden on exit node operators
             | 
             | Is the burden undue?
             | 
             | A Tor exit node operator has made the ethical judgment call
             | that they're doing more good than harm. That might be a
             | reasonable position to take, but I don't think it's
             | unreasonable for us to expect an operator to face up to
             | exactly what it is that they are doing. I'm fully on board
             | with any bomb threats (as just one example) leading to a
             | subpoena on the exit node operator who shielded the threat
             | actor, even if the answer is the same every time.
             | 
             | Making the decision that you're doing more good than harm
             | requires you to fully understand the harm that you're
             | justifying, and law enforcement subpoenaing you every
             | single time is one way to make it very clear what it is
             | that you're choosing.
        
               | gary_0 wrote:
               | I can think of very few cases where the possibility of
               | your home being raided by heavily armed police officers,
               | and your property seized, is appropriate if it's clear
               | all you're doing is _running software_. (Side note: I 'm
               | surprised how often attitudes on this site are at odds
               | with the "hacker" part of "Hacker News".)
               | 
               | It is fair that running an exit node might be
               | _inconvenient_ , maybe even to the point where consulting
               | a lawyer is advisable, but I think we should draw a hard
               | line at direct threats to an innocent person's liberty,
               | livelihood, and physical safety. That kind of fear is
               | definitely an "undue burden".
        
               | lolinder wrote:
               | Yes, I can agree that an armed raid or the threat thereof
               | is definitely an undue burden.
               | 
               | > it's clear all you're doing is _running software_.
               | (Side note: I 'm surprised how often attitudes on this
               | site are at odds with the "hacker" part of "Hacker
               | News".)
               | 
               | I do not view software as amoral. It's a tool, and like
               | any tool it is an extension of myself. Software that I
               | run is acting on my behalf, and what my software is
               | designed to do is something that I should be held morally
               | accountable for.
               | 
               | I'm not sure when the hacker ethos came to mean that
               | "just running software" absolved you from having to
               | account for the damage your software causes, but if
               | that's what the hacker ethos is about then yes, you can
               | count me out.
        
         | ajross wrote:
         | > The 1st [subpoena] was someone sent a bomb threat email to a
         | university. The 2nd one was someone sending a phishing email.
         | 
         | ...
         | 
         | > I one day hope to resume running exits as I find it rewarding
         | to be able to help people from around the world in a small way.
         | 
         | This really doesn't strike you as cognitive dissonance? I mean,
         | yes, I get it, it's easy to construct a scenario where you're
         | "helping people". But you're also "helping" people engage in
         | terrorism and identity theft in exactly the same way.
         | 
         | Surely that deserves at least a little thought and moral
         | calculus, no? You're not making a first principles argument
         | about fundamental rights or anything, you're saying you run
         | exits because it's "helping". Well, shouldn't it help more than
         | it hurts?
        
           | loa_in_ wrote:
           | Doesn't running a post office help people communicate coded
           | messages about nefarious things? Doesn't running a telephone
           | network help people do the same? What about cellular hardware
           | providers and maintainers?
        
             | ajross wrote:
             | Tor isn't a post office or telephone network. We have post
             | offices and telephone networks. Tor also isn't a
             | replacement for a web browser or internet, we have those
             | too.
             | 
             | Tor's feature isn't "communication" in the abstract, it's
             | _anonymity_. And yes, that can be used for good or for
             | evil. But the upthread comment was saying how nice it was
             | to run an exit node because it was  "helping people". And
             | to the extent that's true, I think correct thinking demands
             | you also account for the harm.
             | 
             | And let's be clear: Tor is definitely harmful. Almost all
             | Tor traffic is some degree of nefarious. The tiny handful
             | of dissidents are drowned in a sea of phishing and
             | contraband.
        
             | krisoft wrote:
             | They do. But all of the above bend over backwards to help
             | law enforcement.
             | 
             | > post office help people communicate coded messages about
             | nefarious thing
             | 
             | The US postal service scans and stores the outside of every
             | envelope and package they handle. Law enforcement agencies
             | can query this metadata.
             | 
             | https://en.m.wikipedia.org/wiki/Mail_Isolation_Control_and_
             | T...
             | 
             | > Doesn't running a telephone network help people do the
             | same?
             | 
             | They do, but they are not only share the metadata with law
             | enforcement, but also let them wiretap. (Often they require
             | a warrant for this, but that is not a hard burden for a
             | LEO.) And this capability is not some aftertought, but
             | deeply integrated into their tech stack.
        
           | jacobsenscott wrote:
           | You don't need tor for terrorism or identity theft, and it
           | probably isn't widely used in those circles. There are easier
           | ways. But plenty of people use tor to avoid what amount to
           | terrorist govenments and regimes.
        
         | zepearl wrote:
         | Is something like this unexpected? I personally never ever
         | thought so (which is the reason why I never ever even
         | _considered_ running a TOR exit node).
         | 
         | As much as I can respect the idealism about privacy and liberty
         | etc..., I could not ignore the fact that any "really!!!" bad
         | actor could use the same infrastructure to avoid
         | investigation/prosecution, therefore I did not want to provide
         | indirectly any help.
         | 
         | > _I feel law enforcement realizes this is a big weakness they
         | can target since a lot of Tor exit operators are individuals
         | with not a lot of resources to fight them. They can use the
         | legal system to scare operators into shutting down._
         | 
         | On one hand I admit that that _might_ be the case, on the other
         | hand even government organizations /departments/agencies can be
         | "local" and scattered (e.g. similar IT departments for each
         | "canton" in Switzerland) and not have huge amounts of
         | resources/knowledge to track/identify perpetrators of all
         | ongoing (sophisticated?) IT crimes => somebody somewhere might
         | see the same IP involved in a lot of "bad" stuff not realizing
         | it's just a TOR node.
         | 
         | I hate the current general trend pushing a position of an
         | either absolute "yes/no" for any theme, including this one (of
         | encryption for privacy/etc vs. crime).
         | 
         | In my opinion it's obvious that the current situation of
         | solutions is in general bad: too much pressure on services that
         | provide privacy because it's too easy for crime to misuse them
         | :o(
        
           | Sebb767 wrote:
           | > As much as I can respect the idealism about privacy and
           | liberty etc..., I could not ignore the fact that any
           | "really!!!" bad actor could use the same infrastructure to
           | avoid investigation/prosecution, therefore I did not want to
           | provide indirectly any help.
           | 
           | Well, what would be considered a "really!!!" bad actor for
           | some might be a hero for others. Just as an example,
           | depending on which side of the Israel/Palestine conflict you
           | are on, either side using your node for military intelligence
           | might be an use worth fighting for or terrible abuse.
           | 
           | In the end, this really comes down to whether you value
           | freedom or state protection more; either of which can be
           | abused by rogue actors or a malicious state, respectively.
           | There is no win-win-solution, unfortunately.
        
         | batch12 wrote:
         | Situations like this are the main reason I shuttered the
         | torwhois.com service. The barely zero gain wasn't worth the
         | risk, sadly.
        
         | snakeyjake wrote:
         | I ran an exit node back 2007-2008 ish after learning about Tor
         | at a conference.
         | 
         | I stopped running an exit node when I looked at the traffic
         | flowing through it. I even sslstripped it back when that was
         | much easier.
         | 
         | No freedom fighters. No oppressed journalists. No free speech.
         | 
         | Only porn and scams.
         | 
         | Running a Tor exit node for freedom is like burning a village
         | to save it or enriching your own uranium to solve the energy
         | crisis.
         | 
         | There's gotta be an answer, but this ain't it.
        
         | qup wrote:
         | Why don't lawyers just do this stuff? Then minor legal threats
         | are not a concern.
         | 
         | Alternatively, why don't we become lawyers, too?
        
       | walrus01 wrote:
       | From the point of view of a less-than-technical law enforcement
       | person writing a affidavit in support to get a search warrant,
       | abusive traffic from a tor exit node is indistinguishable from a
       | person who is physically at a specific street address/premises
       | with a laptop or computer engaged in the activity.
       | 
       | They're going to assume until proven otherwise (by first
       | confiscating all your electronics and sending them to a digital
       | forensics lab to analyze them for 6-12 months) that some person
       | who is physically present at that exact location is engaged in
       | CSAM/CP or malicious/illegal activity.
        
         | bawolff wrote:
         | I mean, there is a public list of all tor nodes in the world so
         | it is pretty distinguishable in that sense.
         | 
         | Presumably still worth checking out in case a criminal is
         | running a tor node as cover, but at the same time it seems
         | unlikely someone is both technical enough to run a tor node but
         | also doesn't bother covering their tracks.
        
       | hnbad wrote:
       | I have mixed feelings about this given that the organisation's
       | only explicit stance is being in defense of free speech, the
       | freedom of the press and opposition to censorship. This tells me
       | nothing about who's behind this, who's involved and what their
       | motives or views are, which, sadly, is often more important than
       | what an organisation claims to be about. The name is also
       | effectively ungoogleable, leaving the thin info on their own
       | website as the only source of information. The author of that
       | post is a former member of the German Pirate Party who left for
       | unclear reasons and ran as an independent on his own penny with
       | no clear message beyond being a protest vote for people who don't
       | want to protest vote for the far right.
       | 
       | On the other hand Germany does use flimsy excuses to crack down
       | on services like Tor and that's bad.
        
       | motohagiography wrote:
       | perhaps an unpopular view as Tor has been a great legal canary
       | and a useful privacy service, but it has also been a substitute
       | for organizing.
       | 
       | if you use Tor you already know what's going on. onion routing
       | didn't save anyone from anything in 20 years. the evils Tor
       | enabled often seem to trace back to the very states and
       | establishments who manage and tolerate them. drug cartels run
       | several of the governments Tor ostensibly protects users from,
       | and human trafficking is within a degree of most western
       | establishments in every direction, from "NGOs" to intelligence
       | operations to the sex trade.
       | 
       | if you want privacy, tech is an inferior solution. make nations
       | that protect it.
        
         | jrflowers wrote:
         | > make nations that protect it
         | 
         | What nations have you made?
        
       | numpad0 wrote:
       | Yeah, German armed police wrt Internet is kind of known to be a
       | bit like, _that_. They make excuses, but at the end of the day
       | they 're not the most respectful of free speech among G7 or
       | whatever. I wouldn't be sure if Tor exit nodes are something that
       | can lawfully(ignoring backwards ones) ran, though.
        
       | ghransa wrote:
       | It's a tough tradeoff for society, and a lot of harm is
       | concentrated, but in a way that's good thing - there is a way to
       | block tor exit nodes if you need to and the defaults ports do
       | prevent many types of abuse and since the exit nodes are public
       | they can just be blocked for spam, clickfraud, etc. But with any
       | duel use technology, the opposite argument would be
       | investigations also running through TOR, or even a totalitarian
       | state (in this case it seems non technical judicial procedure
       | through proper channels, but that's the concern). The trouble is
       | the routing is outside of the state control and the typical
       | mechanism for takedowns, ultimately for the worse of the worst
       | ultimately has a host somewhere else as tor just does the
       | routing. Since by design the exit node wouldn't necessarily get
       | you any further up the chain to the middle node in the
       | connection, it would be more fruitful to chose a different
       | investigative strategy.
        
       | o999 wrote:
       | Interestingly enough, there are multiple exit nodes in Russia, as
       | far as I know, law enforcements aren't taking them down
        
       | hwbehrens wrote:
       | > _There are obviously still people working in German law
       | enforcement today, who think that harassing a node-operator NGO
       | would somehow lead to the de-anonymization of individual tor
       | users._
       | 
       | This is not why.
       | 
       | > _As a consequence, I am personally no longer willing to provide
       | my personal address &office-space as registered address for our
       | non-profit/NGO as long as we risk more raids by running exit
       | nodes._
       | 
       | This is why. It's basically a textbook example of a chilling
       | effect.
        
       | marcodiego wrote:
       | I think I have a solution: countries (governments) could publish
       | lists of forbidden addresses; you could be allowed to safely run
       | you Tor exit node as long as those addresses are blocked. Of
       | course, not ideal, but could make a lot of people more willing to
       | run exit nodes.
       | 
       | It wouldn't fix the "someone used my exit node to send a bomb
       | treat" case though.
        
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