We have also two decisions of the Court of Justice of the European Union which clearly define indiscriminate data retention as infringing the fundamental rights of the citizens of the EU: through content injection) and/or selected source and destination of the communications, we would not be mere conduits and we would lose the legal protection on liability exemptions. If we inspected traffic and/or modified traffic (e.g. The liability exemption for the mere conduit status would not exist if we were not mere conduits.
We work under a legal framework where the safe harbors for the mere conduits are very rigidly and clearly defined (specifically, by the 2000/31/EC, the E-Commerce Directive, articles 12, 13, 14 and 15). Please see for example our post dated March 2012 (!) about it:
#VPN MAKERS PROXIFIER HOW TO#
We have always made very clear how to bypass the problem of "trust us" when you can't really afford to do that, and our answer has always been "partition of trust". If we were really interested in logging our clients traffic, we would not allow connections to and from Tor, proxies and other VPNs. In short: the only safe assumption is that every VPN provider logs. There is no way for you to verify that, and of course this is what a malicious VPN provider would claim as well. The VPN provider can see all your traffic, and do with it what they want - including logging. Anyway, it is our right to reply as if the writer were talking about us too, because he/she repeatedly claims that ALL VPN services act in the same way. The rebuttal is based on AirVPN only we can not and we do not want to write in the name of any other service, since most of the considerations you will read here may or may not (and sometimes we know that they will not) apply to other "VPN services". We see that the issues raised by the aforementioned article may be of general interest, so we have decided to post a detailed rebuttal here, meant to fix the remarkable amount of technical misunderstandings and errors which have led the writer to astonishingly wrong conclusions and worrying generalizations. We have been asked via Twitter to reply to the following post: Other Air VPN staff members might add additional comments in the future. DISCLAIMER: this post has been written by an AirVPN co-founder (Paolo) and merges the information and the points of view elaborated by the Air founders in more than seven years.
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