this post was submitted on 02 Aug 2023
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It feels like s legal liability to start a instance and not police it. People could upload CP and you would be on the hook because you are the server owner and clearly did nothing to stop it.
It’s worse because now other servers federating with you are on hook legally as well.
The law doesn’t make allowances for federated servers. Essential it’s your sever getting the CP in the eyes of the law.
The short, definitely not legal advice version is that it only becomes a crime if you have actual knowledge that there is CP on your server, and you fail to block access to it and make the legally mandated report.
The law was written with ISPs hosting email and websites for paying customers in mind, but it applies equally well to anonymous user-generated content, federation, and other scenarios we may not have even imagined yet. Being an inattentive server admin is a valid legal defense, though actually having to use it in court would be stressful and expensive.
That can't be accurate otherwise it'd be incredibly easy to have maliciously taken down "the Fediverse" long ago. There might not be a direct Fedi distinction in the law and it might be too complex for the average district attorney to understand on the surface but that doesn't equate to "everyone is breaking the law" if something illegal shows up on a feed.
safe harbor law protects it. as long as its user uploaded content and you are not aware of it youre safe afaik
ianal obvs
That sounds a bit more logical.