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IANAL, TINLA. I just had a look at the law concerning service providers (E-Commerce-Gesetz - E-Commerce Law) in Austria. It is quite liberal in its definition o
by konstruktor 14y ago
IANAL, TINLA. I just had a look at the law concerning service providers (E-Commerce-Gesetz - E-Commerce Law) in Austria. It is quite liberal in its definition of a service provider, i.e. it does not only cover commercial service providers, and does not require any kind of license, but basically defines a service provider as a personal or legal entity that "provides a service of information society". Also, it contains several clauses that give providers immunity for the data they store and transmit. However, one explicit requirement is that the provider may not change any of the content transmitted to claim immunity. I am very interested in seeing whether the decryption/encryption of the data will prevent him from claiming immunity.
I want to add that Austrian law is very strict when it comes to the presumption of innocence. The right of a suspect not to be named, shown on a picture or otherwise identified is almost abolute (the only exception are suspects on the run, where this could help apprehend them). As an Austrian, I found it very disturbing to read the guy's full name in the ars article, something local media would not be allowed to do. If he is lucky and found innocent in court, the top search result with his name will forever be the ars article.
- gizmo686 14y ago> However, one explicit requirement is that the provider may not change any of the content transmitted to claim immunity. I am very interested in seeing whether the decryption/encryption of the data will prevent him from claiming immunity. I am not familiar with the Austrian law, but my guess would be it acknowledges changing content as part of a technical protocol as different from changing the content's meaning. For example, if a service provider runs a site to convert .tiff into .jpg, and someone uploads an illegal picture, I suspect that the conversion would not be considered changing content. This suspision comes from the fact that the type of not content changing that would otherwise be required exludes a great number of the services that seem like would be protected under this law. Again, I am not a lawyer, nor am I fammilar with any Austrian law.