4 ms·
The problem with laws like these is just as you say... How do you draw the line? Vague laws allow the government to draw the line wherever they want to achieve
by mreome 8y ago
The problem with laws like these is just as you say... How do you draw the line? Vague laws allow the government to draw the line wherever they want to achieve their goals. It's speculation yes, but abusing and reinterpreting vague laws is something governments do quite regularly when it suites their needs.
Unless you specifically clarify things, even the part you seem to think is clear can be interpreted differently. You say that a Tor node does not meet the criteria that "access is restricted by specific technical measures". But one could easily argue that Tor is a "specific technical measures" and access is to a Tor Node is restricted because you need to know what software to install and how to install it in order to access the Node.
It could also be argued that any encrypted communications is "restricted" in that it's private. It's restricted to the parties involved and not visible to outside observers.
- beatgammit 8y agoWouldn't an unencrypted website also fail the same test? You need specific software (web browser) to access a website. And if you allow that, encrypted websites (TLS) would probably fail because you further need a browser that supports TLS. If those don't fail, I don't see how Tor would fail, since Tor requires similar software (Tor browser) that if freely available, just like a web browser. Likewise, wouldn't other services, like video games and chat applications also fail because you can only access those through a specific app? Honestly, this seems completely unenforceable. If there's proof you've done something illegal, you can already be charged with that. If there isn't, then this law is too vague to add anything. This law should go straight to the dumpster...
- kbwt 8y agoLatest revision of the law drops the "restricted access" condition. Diff can be found here: https://www.internet-strafrecht.com/wp-content/plugins/download-attachments/includes/download.php?id=2691 https://www.internet-strafrecht.com/wp-content/plugins/downl...