I’ve been considering self-hosting for over a year now, but I’m still concerned if the feds will come knocking at my door for something someone else does.
For example, if someone on my server follows an individual or community and they posts something illegal (i.e. unauthorized sexually exploitive images) that content could be stored on my server. Wouldn’t’ I be legally liable for such?
I mean #fucklaws and everything, but I don’t want to end up in a cage and certainly not for something someone else did.
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Yes, which is why there aren’t a lot of NSFW communities right now.
You can be pretty safe if you ban NSFW and have a good hand in moderation, and most of the time if the feds did come knocking it would probably be just to ask for the user who did post it and to give all information on them.
Users love to complain that there is no NSFW in most places on lemmy but then refuse to accept any of the responsibility of hosting it.
If you are US based, I think there is something like registering for DMCA take-down requests, so that they will contact you first for removal but IANAL.
But it is pretty much FUD that the Feds will come to your door on the first minor issue. If you react quickly to any complaints they will probably not bother.
but IANAL.
Is that a butt joke?
Assuming USA - platform immunity (CDA 230) protects you from most liability for content originating elsewhere. There are specific requirements to maintain your immunity if you receive a DMCA takedown notice, or have actual knowledge that child pornography has been uploaded to your service.
The EFF has a good write up.
https://www.eff.org/deeplinks/2022/12/user-generated-content-and-fediverse-legal-primer
Related, What about a personal instance only I use? I can choose what communities I want but I can’t control what is posted on those communities. Someone could post something illegal to a beehaw community (and have) and the mods remove it, but does the deletion of images and posts federate? In know matrix keeps copies of every deleted file in a room on all homeservers, what about lemmy?
I actually wanted to post something related some days ago. Why happen if I store pirated content inside my VPS? I think the answer is pretty obvious, in their TOS should say that if I do that they will BAN me without warning, but can they detect the files? Or worse, what if I download directly into the VPS with torrent or Jdownloader?
I think this is a different enough topic that it deserves its own post.
Good idea, I’m going to post it.
Maybe. First you should check out https://en.m.wikipedia.org/wiki/Section_230 which explains websites generally aren’t responsible for users posting their own content. However, that’s not a clear protection from anything. If you end up with blatantly illegal material, you will be investigated and forced to turn over data, surrender equipment, etc. They would have to prove that you were aware and complicit, but it’s generally not worth the trouble unless you’re making money from it. That being said if you got a lawyer that is familiar with section 230 to look over a disclaimer and your intentions, you’re probably fairly protected. Also, the smaller you are, generally you’re much less likely of being targeted should something happen.
Disclaimer; I’m not a source of defensive legal advice.
I’m sure you’re liable if you don’t moderate. I’m no lawyer, but it’s certainly possible to host things without ending up in prison. google, reddit, etc and lots of other people and companies do it. and they had that happen.
Assuming USA - platform immunity (CDA 230) protects you from most liability for content originating elsewhere. There are specific requirements to maintain your immunity if you receive a DMCA takedown notice, or have actual knowledge that child pornography has been uploaded to your service.
You probably would be, but that depends on the law where the server is hosted. This isn’t a good place for legal advice like that.
What kind of server do you want to host?
Dude. 4chan exists and continues to exist. This fact alone should allay your fears.
which particular fears are that? Do people post child porn there? I’ve heard that website is like where the trolls go to plan their trolling, but I realy don’t know much.
I made the mistake of going to their /b/ board one time. In short, yes, people do. Horrifying gore, too. Just basically don’t. Like, ever.
The problem with the comparison here, however, is that that place moves incredibly fast and deletes everything automatically and permanently. Even if the feds came knocking for 4Chan, there’d probably be nothing to show. Lemmy, on the other hand, apparently caches everything locally until you manually purge it (so I’ve heard).
