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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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
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.
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).
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?
If you do not download said asset you should be fine. As long as it is not CP
Lemmy sometimes caches remote content in pict-rs. It’s a bit broken so you usually don’t see it, but it does do it occasional
Might be liable, then. You can never explain technology to a bureaucrat.
IIRC Lemmy preloads all thumbnails for posts in communities you subscribe to into pictrs to be cached for like a month or something. So, yeah…
https://lemmy.gwa.app/comment/16763 Relevant. It’s not only thumbnails currently
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.
