FexEx and UPS receive immunity as carriers in exchange for several things. Minimum standards around recordkeeping and knowing their customers is one. Assisting the government with law enforcement (tracking down customers, scanning packages, etc.) is another.
Juries aren't stupid, they're not going to buy it when the courier says, "I just saw this online ad for deliveries on the dark web. Sure, it paid way more than normal delivery jobs but that's not cause for suspicion, right?"
And that's exactly what a tor node is doing: delivering content from the dark web. As far as I'm concerned, Germany is being very generous in its decision to let these operators continue to operate despite knowing full well that they are enabling criminal activity.
Juries aren't stupid, they're not going to buy it when the courier says, "I just saw this online ad for deliveries on the dark web. Sure, it paid way more than normal delivery jobs but that's not cause for suspicion, right?"
And that's exactly what a tor node is doing: delivering content from the dark web. As far as I'm concerned, Germany is being very generous in its decision to let these operators continue to operate despite knowing full well that they are enabling criminal activity.