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abuse_handling [2011/07/20 17:05]
moritz moved
abuse_handling [2011/09/14 13:12] (current)
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-====== ​ Abuse  ====== +~~REDIRECT>​abuse:templates~~
- +
-Let us work on good answer for repeating situations. Hopefully, this will help other node operators, and maybe we can incorporate it into the torproject wiki section some day. +
- +
-=====  Reply to Abuse (general) ​ ===== +
- +
-Hi $TO$, +
- +
-Thanks for this report. The subnet on $SUBNET$ hosts Tor exit nodes. I can block specific IPs and ports, but the abuser doesn'​t use our relays specifically;​ he/she will just be routed through a different exit node if I do block the IP/PORT. +
- +
-Tor is a research project, funded by the National Science Foundation and previously DARPA (among others). Its primary goal is to provide people from hostile environments with encrypted and uncensored access to the Internet. For more than a third of the worlds population, the Internet is being either filtered or monitored. Every day, activists and bloggers are imprisoned or threatened for what we in the western countries see as a Human Right. +
- +
-There are usage stats on the www.torproject.org website that show that more than 50000 users from China, Iran and similar regimes use Tor to access the Internet every day. +
- +
-At www.torservers.net,​ we offer to run Tor nodes for people and organizations willing to help monetarily. +
- +
-Unfortunately,​ Tor can be used for malicious reasons, too. We have already blocked all ports including SMTP and ESMTP except of well-known ports like HTTP port 80, but of course this does not help against these kinds of attacks. We alone push more than 300 Mbit per second, and only rarely ​abuse is being reported. Legitimate traffic seems by far the most common use for Tor. Criminals can always easily rent servers, use Internet cafes, sniff Wifi networks etc. +
- +
-Please let me know if I can be of further assistance. You can find a guide on how to block all Tor exit nodes on the Torproject website www.torproject.org,​ but I hope you understand the importance of the project and only issue a temporary ban, or at least provide read-only access to Tor users. +
- +
-By German law, I am not allowed to keep any connection data, which, because of the design of Tor, would not contain any useful connection information anyway. Sorry. +
- +
-Thanks for your understanding. If you have further questions, feel free +
-to contact us again. +
- +
-Yours sincerely,​ +
---  +
-$FROM$ +
-Abuse Department  +
-http://​www.torservers.net/​  +
-===== Email Spam ===== +
- +
-Hi $TO$, +
- +
-Thanks for your report. The request passed through one of our Tor exit +
-nodes. We do not allow any email to be sent from our systems, so the +
-offender must have used a web based email account. You should direct +
-your complaint to the mail server given in the email header, so they can +
-close and/or track down the account used. +
- +
-Unfortunately,​ there is not much we can do from our side. The IP you +
-quoted hosts a Tor exit node. I can block specific IPs and ports, but +
-the abuser doesn'​t use our relays specifically;​ he/she will just be +
-routed through a different exit node instead. +
- +
-Tor is a research project, funded by the National Science Foundation and +
-previously DARPA (among others). Its primary goal is to provide people +
-from hostile environments with encrypted and uncensored access to the +
-Internet. For more than a third of the worlds population, the Internet +
-is being either filtered or monitored. Every day, activists and bloggers +
-are imprisoned or threatened for what we in the western countries see as +
-a Human Right. +
- +
-There are usage stats on the www.torproject.org website that show that +
-more than 50000 users from China, Iran and similar regimes use Tor to +
-access the Internet every day. +
- +
-At www.torservers.net,​ we offer to run Tor nodes for people and +
-organizations willing to help monetarily. +
- +
-Unfortunately,​ Tor can be used for malicious reasons, too. I have +
-already blocked all ports including SMTP and ESMTP except of well-known +
-ports like HTTP port 80, but this does not help against this kinds of +
-misuse. +
- +
-You can find a guide on how to block/​detect all Tor exit nodes on the +
-Torproject website ( http://​www.torproject.org/​ ). +
- +
-Please let me know if I can be of further assistance. +
- +
-I know this very unfortunate. Thanks for your understanding! +
-Yours sincerely,​ +
---  +
-$FROM$ +
-Abuse Department  +
-http://​www.torservers.net/​  +
- +
-=====  Reply to own ISP/Data Center ​ ===== +
- +
-//Regarding abuse and my server: We're a group of privacy enthusiasts running Tor exit nodes against censorship and filtered Internet access in oppressive countries. I have ordered through NAME, he knows about the issue with Tor nodes and DMCA complaints. Please forward future complaints to XY to avoid delays.// +
- +
-// For more information on that issue, see http://​www.torservers.net/​abuse.html // +
- +
-// It would be great of you to provide RWHOIS or SWIP to further improve +
-processing. I can see both in the control panel at Softlayer and I hope +
-that you can offer it soon. // +
- +
-// Thank you for being part of this! // +
- +
-=====  Reply to ISP about repeating BayTSP/​MediaSentry complaints ​ ===== +
- +
-// Thank you for forwarding this. +
- I am already in contact with X Y of BayTSP/​MediaSentry. I am protected +
- ​through DMCA §512 (a) and exempt from filing a Counter Notification,​ +
- which is only required if you store/host any infringing material after +
- DMCA §512 (c).// +
- +
-// This has been cleared with BayTSP/​MediaSentry already. Unfortunately,​ +
- they seem to be unable or unwilling to disable their fully automated  +
- scans and reports. There is no indication that their scanner actually  +
- tries do download any material, so this is not a report of an actual  +
- ​infringement at all. // +
- +
-// Any content that came from or through my computers merely passed +
- ​through your network, so DMCA 512(a) applies. Under DMCA 512(a), you are +
- ​immune from money damages for copyright infringement claims if you +
- ​maintain "a policy that provides for termination in appropriate +
- ​circumstances of subscribers and account holders of the service +
- ​provider'​s system or network who are repeat infringers."​ If you have and +
- ​implement such a policy, you are free from fear of copyright damages. +
- As for what makes a reasonable policy, as the law says, it's one that +
- only terminates subscribers who are repeat infringers. A notice claiming +
- ​infringement is not the same as a determination of infringement. The +
- ​notification you received is not proof of any copyright infringement,​ +
- and it certainly is not proof of the "​repeat infringement"​ that is +
- ​required under the law before you need to terminate my account. I have +
- not infringed any copyrights and do not intend to do so. //  +
- +
-// Therefore, you continue to be protected under the DMCA 512(a) safe harbor,  +
- ​without taking any further action. //  +
- +
-// If you are still unsure about this, please see the statement drafted by EFF lawyers at https://​www.torproject.org/​eff/​tor-dmca-response.html and our own public statement at http://​www.torservers.net/​abuse.html //  +
- +
-=====  Reply to data center not able or willing to understand Tor  ===== +
- +
-On 23.06.2010 16:59, admin@ISP wrote: +
-Hi, Please see update from DATACENTER; "This does not address the violation at hand. Your customer will need to prevent +
-this activity from happening. The sheer volume of DMCA complaints coming in on +
-this server are unacceptable. If your client does not take measures to prevent +
-this type of abuse going forward then we shall reserve the right to suspend +
-services to this server. +
- +
-// Hi, +
-  +
- I have additional information for DATACENTER, written by US copyright +
- ​lawyers,​ from https://​www.torproject.org/​eff/​tor-dmca-response.html : +
-  +
- I would like to assure you that, contrary to the assertions in the +
- ​notice,​ 1) I am not hosting or making available the claimed infringing +
- ​materials,​ and 2) you are already protected by the Digital Millennium +
- ​Copyright Act's ("​DMCA"​) safe harbor from any liability arising from +
- this complaint. The notice is incorrect, probably based upon +
- ​misunderstandings about law and about some of the software I run. // +
- +
-// First, in terms of legal liability, this notice does not create any risk +
- for you as a service provider. As you know, the DMCA creates four "​safe +
- ​harbors"​ for service providers to protect them from copyright liability +
- for the acts of their users, when the ISPs fulfill certain requirements. +
- (17 U.S.C. 512) The DMCA's requirements vary depending on the ISP'​s +
- role. You may be most familiar with the "​notice and takedown"​ provisions +
- of DMCA 512(c), but those apply only to content hosted on your servers, +
- or to linking and caching activity. The "​takedown notice"​ provisions do +
- not apply when an ISP merely acts as a conduit. Instead, the "​conduit"​ +
- safe harbor of DMCA 512(a) has different and less burdensome +
- ​requirements,​ as the D.C. Circuit Court of Appeals held in RIAA v. +
- ​Verizon (see +
- ​http://​www.eff.org/​legal/​cases/​RIAA_v_Verizon/​opinion-20031219.pdf) and +
- the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter (see +
- ​http://​www.eff.org/​IP/​P2P/​Charter/​033802P.pdf). // +
- +
-// Here, any content that came from or through my computers merely passed +
- ​through your network, so DMCA 512(a) applies. Under DMCA 512(a), you are +
- ​immune from money damages for copyright infringement claims if you +
- ​maintain "a policy that provides for termination in appropriate +
- ​circumstances of subscribers and account holders of the service +
- ​provider'​s system or network who are repeat infringers."​ If you have and +
- ​implement such a policy, you are free from fear of copyright damages, +
- ​period. // +
- +
-// As for what makes a reasonable policy, as the law says, it's one that +
- only terminates subscribers who are repeat infringers. A notice claiming +
- ​infringement is not the same as a determination of infringement. The +
- ​notification you received is not proof of any copyright infringement,​ +
- and it certainly is not proof of the "​repeat infringement"​ that is +
- ​required under the law before you need to terminate my account. I have +
- not infringed any copyrights and do not intend to do so. Therefore, you +
- ​continue to be protected under the DMCA 512(a) safe harbor, without +
-taking any further action. //  +
- +
-// Hope this helps! Thank you for being part of this, helping censored +
-and oppressed citizens. //  +
- +
-====  BayTSP requesting DMCA counter notification ​ ==== +
-<​file>​ +
-Dear Moritz Bartl of TorServers.net,​ +
-We are in receipt of the attached Counter Notification communication +
-from you. However, we are unable to process it as it does not meet the +
-legal requirements for a proper Counter Notification. +
-With regard to your legal status regarding the DMCA, please point us to +
-your DMCA Designated Agent form filing with the US Copyright Office. +
- +
-Thank you, in advance, for your time and cooperation. We look forward to +
-your response. +
- +
-Kind regards, +
-X Y +
-Compliance Administrator +
-Bay TSP, Inc. +
-</​file>​ +
- +
- +
- +
-// Thank you for getting back to me. +
-// After looking at the issue and the relevant paragraphs again, I'm quite +
-// certain that I don't have to present a valid DMCA Counter Notification +
-// after all. See https://​www.torproject.org/​eff/​tor-legal-faq.html.en for +
-// more information.+
abuse_handling.txt · Last modified: 2011/09/14 13:12 (external edit)