Unless you specifically clarify things, even the part you seem to think is clear can be interpreted differently. You say that a Tor node does not meet the criteria that "access is restricted by specific technical measures". But one could easily argue that Tor is a "specific technical measures" and access is to a Tor Node is restricted because you need to know what software to install and how to install it in order to access the Node.
It could also be argued that any encrypted communications is "restricted" in that it's private. It's restricted to the parties involved and not visible to outside observers.