Tor does not stink: Use and abuse of the Tor anonymity network from the perspective of law
01 Feb 2016-Computer Law & Security Review (Elsevier Advanced Technology)-Vol. 32, Iss: 1, pp 111-127
TL;DR: The human rights connotations of the anonymity provided by Tor are explored, coming to the conclusion that this anonymity is an integral part of certain human rights, particularly the right to privacy and theright to freedom of expression.
About: This article is published in Computer Law & Security Review.The article was published on 2016-02-01. It has received 15 citations till now. The article focuses on the topics: European union & The Right to Privacy.
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TL;DR: This experiment studies how property and liability, two core legal institutions attached to individual persons, react and can be transformed when applied to a peer to peer, distributed design.
Abstract: In this paper I infuse political and legal theory with peer to peer decentralized design features. This experiment studies how property and liability, two core legal institutions attached to individual persons, react and can be transformed (like chemical elements) when applied to a peer to peer, distributed design. This empirical and evolutionary approach of hacking the law, seen as a regulatory system, is then applied to the peer production of law itself, as a political advocacy method for achieving legal reform inspired by the peer to peer ethos.
11 citations
TL;DR: Complementing supply-side counts with demand-side measures can improve Dark Web threat analysis, thereby helping to combat terrorism, criminality and cyberattacks.
Abstract: Many national security threats now originate on the Dark Web. As a result of the anonymity of these networks, researchers and policymakers often use supply-side data (i.e. the number of sites) as a...
9 citations
18 Dec 2019
TL;DR: In this article, the authors explore to what extent the legal environment influences a user's choice to employ privacy-enhancing technologies (PETs) in 153 countries between 2012 and 2016, finding that both countries with both higher and lower arbitrariness and uncertainty of law are associated with an increased interest in Tor and PGP.
Abstract: The purpose of this paper is to explore to what extent the legal environment influences a user’s choice to employ privacy-enhancing technologies (PETs). Drawing upon existing theoretical frames specific to arbitrariness and uncertainty, this research examines whether interest in PETs is influenced by the legal environment of a country.,Using data from Google Trends, the International Property Rights Index, Freedom House and the Organization for Economic Cooperation and Development, the research analyzes interest in Tor, VPN technology and pretty good privacy (PGP) in 153 countries between 2012 and 2016.,Findings suggest both countries with both higher and lower arbitrariness and uncertainty of law are associated with an increased interest in Tor and PGP. However, interest in VPN technology does not appear influenced by the legal environment and, instead, is influenced by freedom within the press.,The dual use nature of Tor and PGP is influenced by law enforcement and judiciary effectiveness and transparency and arbitrariness contributing to the public’s interest in decentralized technological protections.,Law enforcement should continue to police via the technologies rather than shutting them down to protect the identities of those needing to use these technologies for legitimate purposes. Only by embracing the technologies, as opposed to seeing them as hurdles to be banned, may law enforcement agencies remain vigilant to the threats posted by nefarious actors.,In this study, the authors introduce a more robust measure of interest in PETs, and do so with a larger, more substantive sample. By situating this interest within the context of policing, the authors can document the dual use nature of the technology, which can be useful in guiding future research, specifically in the area of policy development and officer training.
8 citations
30 Oct 2020
TL;DR: HebTor is introduced, a new and robust architecture for exit bridges---short-lived proxies that serve as alternative egress points for Tor that effectively thwarts server-side blocking of Tor.
Abstract: Tor exit blocking, in which websites disallow clients arriving from Tor, is a growing and potentially existential threat to the anonymity network. This paper introduces HebTor, a new and robust architecture for exit bridges---short-lived proxies that serve as alternative egress points for Tor. A key insight of HebTor is that exit bridges can operate as Tor onion services, allowing any device that can create outbound TCP connections to serve as an exit bridge, regardless of the presence of NATs and/or firewalls. HebTor employs a micropayment system that compensates exit bridge operators for their services, and a privacy-preserving reputation scheme that prevents freeloading. We show that HebTor effectively thwarts server-side blocking of Tor, and we describe the security, privacy, and legal implications of our design.
8 citations
TL;DR: In this article, the authors present the criteria for the liability of a website operator in the case of Delfi AS v. Estonia and MTE & Index v. Hungary and draw some general guidance that can be applied in similar cases.
Abstract: Abstract In 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.
5 citations
References
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01 Mar 2013
TL;DR: The Tallinn Manual as mentioned in this paper identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts, addressing topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality.
Abstract: The product of a three-year project by twenty renowned international law scholars and practitioners, the Tallinn Manual identifies the international law applicable to cyber warfare and sets out ninety-five 'black-letter rules' governing such conflicts. It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application.
337 citations
01 Jan 2008
TL;DR: Konvencija sadrži kako osnovna ljudska prava i slobode tako i mehanizam nadzora od strane Evropskog suda za ljuda i Komiteta ministara EvroPSkog saveta i pravo da stavljaju rezerve na pojedine odredbe Konvencije i protokola.
Abstract: Evropska konvencija o ljudskim pravima je prvi međunarodni ugovor i prva regionalna kodifikacija u toj oblasti. Konvencija sadrži kako osnovna ljudska prava i slobode tako i mehanizam nadzora od strane Evropskog suda za ljudska prava i Komiteta ministara Evropskog saveta. Iako su Konvencijom države prihvatile određene dužnosti one su zadržale veliku slobodu u zakonskom uređivanju uslova za uživanje prava i sloboda, ukljucujuci znatna ovlascenja u pogledu uvođenja ogranicenja u opstem drustvenom interesu kao i pravo da stavljaju rezerve na pojedine odredbe Konvencije i protokola u slucaju njihove nesaglasnosti sa zakonom, Uprkos tome Evropska konvencija doprinosi ujednacavanju standarda ljudskih prava. Ona je poslužila kao uzor Americkoj konvenciji o ljudskim pravima (l969) i Africkoj povelji o ljudskim pravima i pravima naroda (l981).
276 citations
01 Jan 2008
119 citations
01 Jan 2000
87 citations
Book•
01 Apr 2007
TL;DR: Changing landscape and shifting priorities Law, code, and rules Regulating and policing cyberspace Where next?
Abstract: 1. Introduction An ever-changing environment What it is and is not For whom? Laws and laws and... 'Lies, damn lies - statistics' Method and madness 2. From Computer Abuse to Cybercrime Introduction Subject matter Public policy Criminal law Criminal types and actors Policing cyberspace Concluding remarks 3. Committing Crimes: Substantive Offences Introduction Computer-related crimes Content-related offences Computer integrity offences Concluding remarks 4. Addressing the Data Problems: Cyber-forensics and Criminal Procedure Introduction Computer and network forensics Cyber-surveillance CPS-derived data Suspect-derived data Concluding remarks 5. International Aspects: Jurisdiction and Harmonization Introduction Material jurisdiction Procedural jurisdiction Harmonization initiatives Concluding remarks 6. Evidential Issues: Presenting Data Introduction Pre-trial disclosure Abuse of process Admissibility Probative value or evidential weight Expert witnesses Court presentation Concluding remarks 7. Computer Crimes and Digital Investigations In review Changing landscape and shifting priorities Law, code, and rules Regulating and policing cyberspace Where next? APPENDICES Appendix I: Computer Misuse Act 1990 Appendix II: Council of Europe Convention on Cybercrime Appendix III: Council Framework Decision 2005/222/JHA of 24 February 2005 Appendix IV: Association of Chief Police Officers Good Practice Guide for Computer based Electronic Evidence
46 citations