|
|
"Anonymous" File-Sharing Darknet Ruled Illegal by German Court
by Ernesto
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.
Anonymous file-sharing is booming. Whether it’s BitTorrent through a VPN, proxy, or other anonymizing services, people are increasingly looking to hide their identities online.
One application that gained interest earlier this year is RetroShare. Despite being actively developed for more than half a decade, its user-base suddenly increased tenfold in just a few months.
The RetroShare network allows people to create a private and encrypted file-sharing network. Users add friends by exchanging PGP certificates with people they trust. All the communication is encrypted using OpenSSL and files that are downloaded from strangers always go through a trusted friend.
In other words, it's a true Darknet and virtually impossible to monitor by outsiders. At least, that’s the idea.
This week a Hamburg court ruled against a RetroShare user who passed on an encrypted transfer that turned out to be a copyrighted music file. The user in question was not aware of the transfer, and merely passed on the data in a way similar to how TOR works.
The court, however, ruled that the user in question, who was identified by the copyright holder, is responsible for passing on the encrypted song.
The judge ordered an injunction against the RetroShare user, who is now forbidden from transferring the song with a maximum penalty of €250,000 or a six month prison term. Since RetroShare traffic is encrypted this means that the user can no longer use the network without being at risk.
“The defendant is liable for the infringement of troublemakers,” the court explained in its ruling.
The Hamburg court’s decision goes quite far according to some legal experts. IT lawyer Thomas Stadler, for example, writes on his blog that the legal opinion is “quite risky” as it puts all users of RetroShare in danger.
“It ultimately accuses the offender of failing to secure his Internet connection by running RetroShare, and allowing other users of the RetroShare network to transfer copyright-protected works via his computer,” Stadler writes.
While the ruling is obviously a threat to RetroShare users, in part it’s also a human error by the user in question.
RetroShare derives its security from the fact that all transfers go through “trusted friends” who users themselves add. In this case, the defendant added the anti-piracy monitoring company as a friend, which allowed him to be “caught.”
More troubling is the precedent the ruling sets for people who run open wireless networks, as the same issues arise there. According to this ruling Internet subscribers are responsible for the transfers that take place on their networks, making them liable for the copyright infringements of others.
Update: Contrary to the U.S. and elsewhere, a previous ruling in Germany already makes wireless network operators liable for copyright infringements of others.
|
Latest Big Brother/Orwellian
- The War On Journalists: DOJ Claimed Fox News Reporter Was An 'Aider, Abettor, Co-Conspirator' With Leaker
- Eric Holder Claims Terrorists Are Involved In 'IP Theft'
- Kiwis Want To Spy On All Communications, VPNs, And Be Able To Use Secret Evidence Against You
- VP Joe Biden Believes There's 'No Legal Reason' The Government Can't Slap A Sin Tax On 'Violent Media'
- College Students Petition to Ban Black Backpacks After Boston Bombing
- State Department orders firm to remove 3D-printed guns web blueprints
- CNN: Will 3D Printers Make It Easier For Terrorist Operate Gun Factories In Their Homes?
- Are all telephone calls recorded and accessible to the US government?
|
FAIR USE NOTICE
|
|
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (found at the U.S. Copyright Office) and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.
|
|
About Us - Disclaimer - Privacy Policy
|
|
|
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in Europe
The New American Century: The Untold History of The Project for the New American Century
Print
Cop Who Karate Chopped NY Judge In Throat Gets Off Scot-Free
Florida Cop Smashes Compliant Woman's Face Into Car -- "Maybe Now You Can Understand Simple Instructions"
VIDEO: Lapel Cam Reveals A Day In The Life Of A U.S. Police Officer (Tasing, Beating, Breaking & Entering, Stomping On Heads... and Laughing About It)
Caught On Tape: Officer Sucker Punches Inmate In Face, Files Report Claiming 'Self Defense'
Insult Person On Twitter, Go To Jail
SWAT Team Brings TV Crew To Film Raid Against Threatening Internet Critic -- Raids Innocent Grandma Instead
Cop Karate Chops NY Judge In The Throat
When the Right to Resist Becomes the "Duty to Submit"