arcktipNov 19, 2022
blaine

Hey, US folks newly running Mastodon instances: do Future You a *huge* favor, mitigate your potential liability, and register with the copyright office and designate an agent to receive DMCA reports *right now*. https://copyright.gov/dmca-directory/

(Via [email protected])

DMCA Designated Agent Directory | U.S. Copyright Office

DMCA Designated Agent Directory

Nov 19, 2022 at 3:04pmMastodon for Android
Show threadSethPartnowNov 19, 2022
@blaine could you expound on why?
Show threadblaineNov 19, 2022
@SethPartnow I'm not a lawyer, but anyone in the US who's running an instance for lots of people has a duty under american law (the DMCA) to receive copyright infringement notifications on behalf of their users and then pass those notices on to the user in question in order to avoid legal liability.
Show threadSethPartnowNov 19, 2022
@blaine Tyty
Show threadGerard Cunningham ✒️Nov 19, 2022
@blaine Any data protection/privacy folks here want to have a go at creating a similar guide for EU instances?
Show threadDave👾Nov 19, 2022
@faduda @blaine There's talk just starting on the Mastodon discord of pulling together guides and toolkits for admins.
Show threadbbennettesq Nov 20, 2022

@daswickerman @faduda @blaine

I'm a tech lawyer. I'll volunteer some time here over the holidays.

Show threadDave👾Nov 20, 2022
@bbennettesq Excellent! I'll ping you once I start getting things drafted!
Show threadricardo Nov 19, 2022
@faduda @blaine /me points to https://dataprotection.social/@privacat/109371083852946131
Carey Lening (@[email protected])

Also re-sharing: I am working on a Data Protection/Privacy Guide for Instance Admins of Masto/Fedi services modeled after the #GDPR, but many of these considerations apply across other jurisdictions' #privacy laws. Have a look, and I welcome any/all comments, good or bad: https://github.com/clening/MastodonPrivacyGuide

Data Protection Social
Show threadJuliaNov 19, 2022
@faduda @blaine Tbh I'm surprised no-one seems to deal with this issue, it's quite serious. I saw someone's post about this on some official looking site and the reply said it isn't an issue for Mastodon because the servers aren't run by companies or some such nonsense. That isn't relevant for EU privacy laws. Any small forum or blog etc needs to abide by them, they just don't need a dedicated privacy officer afaik.
Show threadbbennettesq Nov 20, 2022

@faduda @blaine

@privacat tag, you're it.

Show threadTim NolteNov 19, 2022
@blaine is there a cost to doing this? I'm only self-hosting as a single-user instance. I'm assuming the concern here is copyrighted material being shared and consumed on an instance? Do you have more details on what the goal is and protections needed are?
Show threadblaineNov 19, 2022
@tim I'm not a lawyer, this is not legal advice, etc, but I think for a single user or small "private" instance this isn't a concern. It's just if there's a risk that an instance owner's users starts posting blatantly copyrighted material that they don't have rights to.
Show threadTim NolteNov 19, 2022
@blaine something that might be helpful for people and new communities is a full article that explains more about this. Honestly, I'm not even clear on what I would really need to when going to that website. When talking about #ServiceProvider and #Agent those are some pretty foreign terms for people that are just working on starting a community on Mastodon. Any additional resources you could provide to folks would be greatly appreciated. Thanks for bringing this up! #DMCA
Show threadSebastiaan HekmanNov 19, 2022
@tim @blaine And this matters regardless where the server is located?
Show threadblaineNov 19, 2022
@SebastiaanHekman @tim laws vary according to where the server is hosted and where the admin lives. Unfortunately, I don't know all the intricacies, but it looks like folks are working on guides! 😊
Show threadSebastiaan HekmanNov 19, 2022
@blaine @tim Tricky territory. Blue Bird lawyers could use this to frustrate the #fediverse.
Show threadOnline NerdNov 19, 2022
@blaine Give me a hypothetical. How much risk does a small instance really take on?
Show threadblaineNov 19, 2022
@dbahr I am not a lawyer/this is not legal advice, but I feel confident in saying that if members of a small instance aren't posting copyrighted materials, none. 😊
Show threadOnline NerdNov 19, 2022
@blaine I think my instance fits into that category but something I will keep an eye out for. Thanks for the link, and thoughts.
Show threadmedium rare birdNov 19, 2022
@blaine smells like cop shit
Show threadDenise Howell Nov 19, 2022
@leo
Show threadChief TWiT Nov 19, 2022
@denise Yes?
Show threadTechTaxCanuckNov 19, 2022

@blaine on the other hand, do the WORLD a favour and do NOT post US political garbage here.

Thank you. From everyone who doesn't care about your (idiotic, to us) choices of legislators.

Show threadJane AyersNov 19, 2022
@TechTaxCanuck @blaine “Here” for YOU is YOUR timeline. It’s up to you to mute or unfollow those people. On MY timeline, Posts about U.S. politics are most welcome.
Show threadTechTaxCanuckNov 19, 2022
@janeayers @blaine
Well, I guess, good for your personal pollution level then.
Pretty much everyone else in the world is fed up with the firehose of spewing political garbage. So the demise (hopefully) of that bird platform is not a sad thing for many. YMMV.
Show threadblaineNov 19, 2022

@TechTaxCanuck @janeayers I would happily post similar advice for communities in other jurisdictions, particularly since I'm a Canadian in Canada and before moving back I lived in the UK and Europe for over a decade.

Sorry for posting content you weren't interested in; my feed here is mostly related to furthering the federated social web, so I encourage you to mute me in case that's not of interest to you.

Show threadJane AyersNov 20, 2022
@blaine @TechTaxCanuck I *was* interested, and so posted my response. It sounds like you need to mute or unfollow some of the millions who think US politics *is* worth discussing.
Show threadmjfgatesNov 19, 2022
@blaine @rahaeli Seems rude not to credit the original writer, who is rahaeli, and the Twitter thread you just copied out of can be seen here
https://nitter.net/rahaeli/status/1593820652615581696#m
rahaeli (@rahaeli)

Also: you absolutely should also pre-register with NCMEC, because "I found someone on my instance posting CSAM" is not the time to have to learn the reporting process

Nitter
Show threadJane AyersNov 19, 2022
@blaine Thank you - that helps me decide not to even try starting an instance 😊
Show thread@misterjayem on BlueSkyNov 19, 2022
I imagine that @dansinker knows all about all of this, but I wouldn't be an anxious belt-and-suspenders worrier if I didn't make sure of it.
Show threadZane SelvansNov 19, 2022
@blaine 👆 I imagine y'all have seen this already but just in case @ericmbudd @thomasw
Show threadPia ManciniNov 19, 2022

Cc @francois for our @opencollective instance. Not sure where we host it.

Also hi @blaine!! It’s been a while :)

Show threadCassandrichNov 19, 2022
@blaine Since a lot of folks are asking: small instances where you know and trust all the users probably don't have to care about this, *but* they should be configured not to give unauthenticated access to federated feed, which could republish infringing content from other instances where you're following someone.
Show threadChema Hernández GilNov 19, 2022
Probably a compelling reason to host elsewhere if you're running a small hobby instance no?
Show threadGreg PriceNov 20, 2022
@chema @blaine If you yourself are in the US, I don't think that does you any good.
Show threadChema Hernández GilNov 20, 2022
Maybe we will watch a cottage industry sprout in some random jurisdiction that hosts single-user instances for folks in the US and Europe.
Show threadLadyInsertNameHereNov 19, 2022
@blaine what is an instance? I’m a bit new
Show threadRyan MooreNov 20, 2022
@ladyinsertnamehere @blaine a mastodon server or “group.” I am using mastodon.world, others mastodon.social
Show thread[email protected]Nov 19, 2022

@blaine I had to look it up: good to know. Thanks.

https://copyrightalliance.org/faqs/what-is-dmca-takedown-notice-process/

What Is The DMCA Notice and Takedown Process?

The DMCA notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off of websites. The process entails the copyright owner (or the owner's agent)

Copyright Alliance
Show threadJonathanNov 19, 2022
@blaine I'm no COPPA expert, but anyone running a mastodon server needs to exclude anyone in the US who is under age 13. https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa
Children's Online Privacy Protection Rule ("COPPA")

COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

Federal Trade Commission
Show threadDaniel HanleyNov 20, 2022
@blaine extremely useful tip!!
Show threadHobson LaneNov 20, 2022
@blaine Is it common for a #mastodon #server #admin to nominate themselves as that agent designated to receive those #DMCA takedown notices? Do you form an LLC and have that org's agent recieve+forward the notices?
Show threadblaineNov 20, 2022
@hobs to be honest, I'm not sure! I'm beginning to think I should try to get more informed about the state of server administration, but so far I'm just a happy user and protocol wonk. 😊 I'm not even sure who to ask! 😅
Show threadDenise Howell Nov 20, 2022
@hobs @blaine It can be anyone who’s conscientious and willing.
Show threadricharddefromageNov 20, 2022
@blaine Good reason not to run an instance. I was considering running one as a service to the community, but processing DMCA notices is not within my sphere of interest.
Show threadGREENHORSENov 20, 2022
@blaine why?
Show threadNeilNov 23, 2022
@blaine why, please? Is this really an #IP concern?