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Message-ID: <Pine.LNX.4.44.0308221044250.23373-100000@expansionpack.xtdnet.nl>
Date: Fri, 22 Aug 2003 10:45:59 +0200 (MET DST)
From: Paul Wouters <paul@...net.nl>
To: Alex Russell <alex@...Windows.org>
Cc: "Thomas C. Greene " <thomas.greene@...register.co.uk>,
   <bugtraq@...urityfocus.com>, <full-disclosure@...ts.netsys.com>,
   Florian Weimer <fw@...eb.enyo.de>
Subject: Re: Popular Net anonymity service back-doored


On Thu, 21 Aug 2003, Alex Russell wrote:

> > It's likely were legally prevented from issuing a clear warning, which is
> > why I say they should have taken the service down in protest.  I don't know
> > German law, but I'd be surprised if the courts can force you to provide a
> > communications service just so the Feds can use it.
> 
> I wouldn't be so suprised at such a ruling, although I'd really like to hear 
> from someone with familiarity with German law.

A court order might be able to tell you that they want to tap some
individual, and you have to co-operate in such a way that the target
will not notice this. However, *nothing* can order you to stay in
business. The obvious move would have been to tear down the anonymiser
and stop doing business. I am sure under Dutch law, I could stop the service.
I strongly suspect this is true for at least most of Europe.

Paul 
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