Jan PenfratWith all the new #Mastodon instances spun up those past weeks, I think it's time to start looking into legal obligations for (EU-based) admins. I'm thinking #DSA, #GDPR, #TERREG, #CopyrightDirective,...
Maybe what we need is something like a non-profit legal advice & defence cooperative for #Fediverse admins.
Maike
BfDI (@[email protected])
@[email protected] @[email protected] Man könnte auf jeden Fall mal Informationen für die Betreibenden von Instanzen zusammenstellen und Tipps geben, was es zu beachten gilt. Wir nehmen das mal mit. / ÖA
Lilian Edwards@ilumium that escalated fast since I looked at this thread!!!
Lukasz Olejnik@ilumium happy to help just in case with GDPR/ePrivacy/DSA. But best to do a task group for all instances (with recos), not for specific instances …
@LukaszOlejnik @ilumium I'm willing to help ☺️ n DP maybe historic ECD case law but I think a nice grant for this wld be good 🤣 also is anyone doing it for US; cos I am only seeing basically made up stuff from there..
@lilianedwards @ilumium Great! Keep me posted if desired, and we can go. It's kind of tricky because... there's no ONE actor here, but distributed ones. Makes some things easier, others, who knows. The legislators did not openly consider such creations, it seems.
@LukaszOlejnik @lilianedwards Thank you both for the kind offers to help. I'll be back in touch and agree that some funding would be nice :)
@ilumium @lilianedwards if anything moves, email me (DMs here are… well they require to get used to them)
Leo Sammallahti@ilumium @LukaszOlejnik @lilianedwards
Any ideas how much funding it would require?
Alek@ilumium @lilianedwards @LukaszOlejnik would be great to have a crowdfunding system where a monthly payment from a user would be splot, to cover instance-related costs, but also stewardship of the broader network, like this coop.
Nemo_bis 🌈@ilumium Do you mean the cooperative would also be a sort of "fiscal sponsor", hosting those instances in the name of the admins in order to limit their legal liability?
I think Finland could be a suitable jurisdiction for such an effort, the law is very favourable. (I'd be happy to help.)
https://www.finlex.fi/fi/laki/kaannokset/2001/en20011488.pdf
Members would need to have some minimum alignment with each other, as every one admin's mistakes may cost all the shared assets.
@LeoSammallahti @nemobis Thanks for those ideas and kind offers to help. I was more thinking along the lines of an independent fund financed by foundations and other donors that would help admins who are being sued unfairly with financial and legal resources. Would that make sense?
@ilumium Would that fund need to have a secret amount of money for its war chest, for strategic reasons, like the noyb reserves? It's a tricky balance to set it up in a way that doesn't *invite* lawsuits.
Carey Lening@ilumium I started a thing, which you can find here -- it at least discusses data protection elements. Other laws are still TBD. Tech solutions are also on the roadmap. https://github.com/clening/MastodonPrivacyGuide
GitHub - clening/MastodonPrivacyGuide: A guide on data protection obligations, challenges & pitfalls for Mastodon Users & Instance Admins
A guide on data protection obligations, challenges & pitfalls for Mastodon Users & Instance Admins - GitHub - clening/MastodonPrivacyGuide: A guide on data protection obligations, challenge...
Edward Barrow@ilumium It occurred to me that instance operators particularly of restricted instances like yours might have a harder time claiming pure carrier defences in defamation and (c) infringement cases. I was thinking that a "news" instance especially for journalists would be cool, but there'd be legal risks that I'm not qualified to quantify...