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Date: Fri, 06 Nov 2015 20:14:44 -0200
From: Lucas Teixeira <lucas@codingrights.org>
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Subject: Re: [tor-talk] actions taken against bad nodes
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Thanks for the reply. The jurisdictional side of the questions was more
of a amusement; I came to ask mainly about the technical actions. I will
read these references you gave me, this is exactly what I was looking for.

It should really be difficult and stressful to prosecute nodes for the
reasons you said. Just for curiosity, where I live (Brazil) we have a
type of crime called "estelionato" (the best translation I found was
"swindling"), in which someone is guilty of if they gain illicit
advantage over other person's loss by deceiving / cheating them.


https://pt.wikipedia.org/wiki/Estelionato

http://us.practicallaw.com/9-560-5405#a920103


Even then, the nature of the Tor network is such that probably the
person being frauded is in another jurisdiction than the attacker (as
you said).

I'm also now curious about that twist you proposed; that is, Tor Project
being prosecuted for restricting free speech on banned nodes. A similar
issue occurs in which the speech being restricted is another person's.
And is it really restricted since it will go out through another exit
node anyway?


On 06-11-2015 06:12, grarpamp wrote:
> On Thu, Nov 5, 2015 at 4:09 PM, Lucas Teixeira <lucas@codingrights.org> wrote:
>> should be easy to detect e.g. with the OONI infrastructure.
> There are folks running scripts to detect various things, you
> can find some of that in git. Some is driven by exitmap.
> If you find some exits that are doing something you can
> script against, feel free to post your work.
>
>> Is there a mechanism in place to ban them from the network, are they
> You can report malicious relays here where people may pick it
> up, look into and confirm it and get them pipelined for banning as
> needed. There are a couple of badrelays pages on wiki that may
> interest you further.
>
>> I realize that a good portion of those nodes are located on judicially
>> hard places, but I also wonder if in some jurisdictions it would be
>> possible to prosecute the owners of these nodes.
> Citizen prosecutors are not something many countries permit,
> it's not in the interest of the state. Tor Project itself has no
> history of reporting such relays, but you can report any
> confirmed malicious nodes to whatever authorities you wish
> and hope they take it up under whatever digital crime laws
> they may have. Keep in mind that many malicious nodes
> are operated anonymously, and that many prosecutors are
> clueless or busy with other things like victims and paper
> violations in their own jurisdictions. Odds are you're not a
> victim with standing in their jurisdiction, unless you start
> playing with mapaddress or geoip to do that.
>
> It's probably more effective to report them here, get
> them confirmed and banned by dirauths, and even report
> them to their hoster. It's certainly quicker than the courts.
>
> Given there's no contractual relationship, it would be
> interesting to see if a relay could seek tort or free speech
> or something against tor for banning them, while at the
> same time not being liable for whatever it was they were
> doing in their local jurisdiction.


-- 
Lucas Teixeira
https://antivigilancia.org
https://twitter.com/eletrorganico


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