If you're thinking of running your own Mastodon instance, EFF's Legal Director Corynne McSherry breaks down some of the common legal issues and practical considerations here:

https://www.eff.org/deeplinks/2022/12/user-generated-content-and-fediverse-legal-primer

User Generated Content and the Fediverse: A Legal Primer

A growing number of people are experimenting with federated alternatives to social media like Mastodon, either by joining an “instance” hosted by someone else or creating their own instance by running the free, open-source software on a server they control. (See more about this movement and joining...

Electronic Frontier Foundation
@evacide Are the differences significant if the instance is Canadian-hosted? Was debating starting as a bit of a holiday project.
@exurgency @evacide I believe Bill C61 is our closest DMCA analog
@evacide Seems like what most instances need is funding & then admin help. I could maybe spin up an instance, but I have enough work.
@evacide Thanks Eva for sharing an article that talks about legal risks of running our own Mastodon instance (based on US laws). I'm sure there are probably equally legitimate Canadian laws related questions to think about.
@evacide this sadly is very U.S. - Centric and doesn't account for #EU & #German legislation like #NetzDG...
@evacide Luckily, I'm not quite THAT "geeky" to set up my own server, so I'll stick with the one run by a browser company for the moment! 🙂
@evacide makes sense. Much of this matches up with advice provided on Twitter last month:
https://twitter.com/rahaeli/status/1593819064161665024
@Hyounpark @evacide She also posted on Dreamwidth and expanded a bit there: https://denise.dreamwidth.org/91757.html
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@evacide It's US based - not that good for us over here, but yes it does point out some pitfalls
@evacide I started setting up an instance on a spare serverbut it broke and I haven't had time to repair it. Mastodon software is, well I'm not going to say it...
@evacide yup. I’m running one but have decided to focus on this hosted account. I plan to look into self-hosting again, but will focus on ActivityPub software optimized for small/single user instances.
@evacide Also worth considering the legal implications in other jurisdiction. If any users are in the EEA then European law also applies, which would include the upcoming Digital Services Act (although most instances would be too small to be hardest hit by the latter)
@evacide In case of a personal instance, not open to public registration and only showing its local feed publicly, I would say that legal risks are in practice inexistant ... But did I miss something ?
@evacide also, the technical and security issues are non-trivial. Here’s a mini-guide to my DIY approach. https://kelleygraham.com/diy-fediverse-server-odroid-m1-nvme-drive
DIY Fediverse Server - Odroid M1 + NVMe Drive

Thanks to the recent TwitterMigration, Mastodon and Fediverse SelfHosting is a thing. Note: This DIY OpenSource recipe is not for casual users.

imklg
Mastodon is hurtling toward a tipping point

With rising popularity comes rising costs, culture shifts—and potential legal risks.

Ars Technica

@evacide

When do you think eff runs its own instance?

@zx As soon as you can convince @starchy to add more work for techops to do.
@evacide @zx Ha! I’m curious, what do you think the added benefit would be? Are you picturing an open instance or one just for our use?

@starchy @evacide

I just find it weird to have EFF giving people advice on how to use Mastodon and how to run their instances without even having one.

I don't think it needs to be a big public instance.

@zx @evacide Well, it's not technical advice for admins. You won't catch me giving any of that until I've been through it firsthand.

On the legal end, we often try to keep ourselves in a position to be the lawyer and not the client, if that makes sense. We generally don't run "platforms" but we've worked with tons of them over the years.

@starchy

That's very fair. Another argument for having an instance, even if one that only exists for sharing articles, is many instances block the big instances since they are poorly moderated. Having a dedicated instance would increase reach.

@evacide

Apparently WordPress sites can be directly linked to Mastodon, possibly as their own instance? I am looking into doing that with my WP site. Anyone else looked into that?

@evacide sadly the EFF has such a horrid track record on the law. And I say this as one of the first financial supporters of the EFF and as a lawyer who has been trying to help the EFF not do insanely stupid things from 1991 to the Oracle v Google case
@evacide I run a private instance, but the one user I have is a real pain.
@evacide This is good to read, and the eff has been helpful for decades. (Electric Frontier Foundation)
@evacide probably should have read that before spinning this instance up.

@evacide

The world does not revolve around the US.

@evacide @dma interesting to read for the issue we discussed before Christmas.