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0 pointswoodruffw4y ago0 comments

The simplest answer to this is to look at what the previous regulation (the one being amended by this one) says[1].

Article 12 is completely unmodified except for the scope of parties involved. Since the original (2014) regulation didn't ban Tor, I think it's a safe assumption that this one doesn't either.

The more detailed answer: the article actually reads as follows:

> It shall be prohibited to participate, knowingly and intentionally, [...]

"Knowingly and intentionally" is the operative phrase here. In order to show that this article poses a threat to Tor's legality, you'd need to show at either Tor's operators or Tor itself intentionally provides service to RT. This is a stronger standard than passive service, the kind Tor actually provides.

[1]: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A...

0 comments

yanmaani4y ago

The previous regulation didn't ban broadcasting, or anything relating to it.

Re: "knowingly and intentionally," I will repost my comment <https://news.ycombinator.com/item?id=30537459>:

> "Knowingly and intentionally" seems to apply to the operation (e.g. "you know that you're running a Tor node") - "circumvention" is on the basis of "object or effect". (For ESL speakers: "object" means "goal", "effect" means "result", and Tor obviously has a final, de-facto result of unblocking RT)

woodruffwOP4y ago

I responded to the second part above, below your linked comment.

For the first: broadcasting is an intentional media activity. You're right that this new regulation adds a ban, but it's not clear that said ban undermines the intent required in Article 12.

To be clear: it's a form of government censorship. But, on my reading, it's not a particularly broad form or itself a stepping stone to banning Tor. The EU seems perfectly content to broach that problem with separate regulation.

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