Update: I contacted with current big owners, other older friends and lastly from some friends from here. Mostly all of them living in US so they don’t want/can’t host it. So I’ll keep hosting without being on moderation side. @gavi@lemmynsfw.com will post about details I guess. @gavi@lemmynsfw.com is the new top admin.
As you know, it has been 2 weeks since I opened the instance and it has grown quite a lot. Likewise, the time I have to devote to this work has increased a lot.
I’m dealing with lemmynsfw more than my IRL job right now :D This is bothering me. Also, having an NSFW instance instead of a normal instance makes things much more difficult. If you remember; I had my biggest scale fuck up with the post “we allow loli content” :) This situation wore me out. Also a lot of problems are bothering me, both as a software and as a community.
That’s why I’m thinking of transferring the instance and the domain to a person I trust. Who can maintain the deployments and also know this stuff. I will also roll over any donations made, excluding the current month’s expenses.
I’m sorry if I’ve upset anyone. That’s all from me.
Can you give us a quick ELI5 on that?
I’m not familiar but I thought as long as you weren’t producing, looking for, or storing, you were good.
Also if you are based in us and host in let’s say Afghanistan does it still apply? (This is just curiosity without wanting to read and understand pounds of legal jargon, if it’s too annoying to explain dw bout it)
When I say section 230 it’s actually shorthand for a much bigger tangle of rules: the CDA, the DMCA, SESTA/FOSTA, 18 USC 2258A and sometimes even 2257 regulatory compliance, and I’m probably missing a bunch.
Basically, if somebody posts illegal material on your site, be it copyrighted material, underage stuff, defamation, true threats, pro-terrorism stuff, advertisement of sexual services, revenge porn, snuff, etc you are not on the hook for that stuff in either civil or criminal courts as long as you jump through some very specific hoops both ahead of time and after if and when you become aware or should have become aware of such material (except the sexual services thing, which is a specific carve out due to sesta and fosta. Plus what qualifies for advertisement of sexual services can be a tricky issue.)
These hoops are very specific, and your jump through them can be triggered in a number of different ways, and both the hoops and the triggers can be moving targets depending on recent interpretations of the rules, court precedent, etc. Some people think that this is not real because a lot of places are able to skate under the radar for a long time which breeds a false sense of complacency, but as soon as the feds come a-knocking you better have all your papers in order or they drop the hammer on you. This can include both massive civil and criminal liabilities depending on the specific nature of the content and where it comes from.
And this isn’t even including any of the credit card compliance stuff, which means if you want to take donations or payments to your platform using any service that takes credit cards there are extremely onerous burdens of record-keeping and content management you need to follow well over and above anything the government requires.
Your “producing, looking for, or storing” conditions are not correct. Producing, obviously, yes, on a number of different levels. Looking for, actually no, you’re allowed to look for all you want. It’s if you find it that you’re in trouble, but the looking itself is fine. I mean it’ll be exhibit 2 in the criminal case against you because it proves intent, but if you look but don’t find you’re actually ok in most cases. “Storing” is very complicated. Did you know that you’re storing it? If you did, did you report it? If you did, how are you storing it, who has access to it, when did you report it, who did you report it to, and what format was your report? If you didn’t know, should you have known? Did someone report it to you? Etc etc etc.
TL;DR: GET A GOOD LAWYER AND DO WHAT THEY SAY.
Re: your afghan example, the short answer is yes, because the US government has jurisdiction over you as a US person. Even if you’re hosting the material in Afghanistan, if you have direct control over it then it is your material. Now from a practical point of view, getting an Afghan ISP to cooperate with an FBI subpoena may be a pretty tall order, but always remember that the feds have effectively unlimited resources and unlimited time to crush you like a bug if they want to.
Kind of concerning that looking for certain stuff is just fine, but I guess searching for narcotics is also perfectly legal.
One more question and I’ll leave your expertise be, if someone ran this forum negligently and were in the US, got raided and found to be negligently hosting (received reports of) some revenge porn, snuff, and cp, what kind of charge/years are they going to get? Generic distribution charges? Distribution with some sort of modifier? Seems like something they would have a special charge for but I could see it just being distro.
Thank you for the immaculate reply/breakdown, top tier reply.
Oh, there’s no way to answer that question in a general sense. It 100% depends on specific circumstances – literally anything from probation to several hundred years in no-parole federal lockup.
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Running this lemmy instance involves hosting
The law doesn’t actually care about hosting as much as some people think that it does. The law cares about whether you are providing the material, and whether you’re hosting it or not is often immaterial to that question. To what level linking or embedding something counts as providing it is something that you don’t want to have to have your lawyer argue before a judge, because sometimes it’ll go your way but a lot of times it won’t, and either way you’re going to be paying your lawyer bajillions of dollars.