The 'Dark Corner Of The Web,' Tor, Is Sued Over A Revenge Porn Business That Used Its Anonymity Service

Dave SmithJul 9, 2014, 20:39 IST

Tor

Tor, which offers encrypted software and an open network of protected communications, has been sued in the state of Texas over a revenge porn website that used its free service. The plaintiff in the case - Shelby Conklin, a criminal justice major at the University of North Texas - is mainly going after a website called Pinkmeth, which lets users upload and publicly share sexually explicit material without consent from the people in the pictures. This kind of service is often used by hackers and ex-partners, and it's illegal in 11 states (and counting). Texas, however, is still working on its own revenge porn laws. Conklin alleges Pinkmeth "gained unauthorized access to nude photographs" she owned and posted them to the internet. She also said Tor, which The Economist once called "a dark corner of the web," was involved in an active "civil conspiracy" with Pinkmeth because the revenge porn website used the anonymous communications service to prevent others from tracking its location. Conklin is seeking more than $1 million in damages for "mental anguish and loss in earning capacity" as a result of the publication and dissemination of the nude photos. While Tor can be used to keep communications secure and free from surveillance, its network has been demonized for its association with illegal platforms like Silk Road, the hidden online marketplace that NPR called the "Amazon.com of illegal drugs," which is only accessible over Tor. Still, many organizations, including the FBI, argue Tor has legitimate legal uses for encrypted communication. The lawsuit says the Texas state court has "jurisdiction over TOR because it (a) advertises and offers the services referenced above in Texas and to Texas residents… and (b) knowingly assists websites such as Pinkmeth in committing torts against residents of Texas." "It is clear from the TOR website that TOR is knowingly assisting websites such as Pinkmeth in committing torts against Texas resident, that the sole cause of action alleged against TOR herein (conspiracy) arises from its conduct in Texas and against Texas residents, and that assumption of jurisdiction by this court will not offend traditional notions of fair play and substantial justice." However, the plaintiff may have a tough time proving Tor conspired with Pinkmeth unless she can show the two organizations actually communicated with each other. The judge might dismiss Tor as a defendant in the case as its conduct could be protected by Section 230 of the Communications Decency Act, which says "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." We've reached out to Tor for comment.

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The 'Dark Corner Of The Web,' Tor, Is Sued Over A Revenge Porn Business That Used Its Anonymity Service