Lemmy's Image Problem (Updated 02-06-2024)
wedistribute.org
Highlighting the recent report of users and admins being unable to delete images, and how Trust & Safety tooling is currently lacking.
You are viewing a single comment
Highlighting the recent report of users and admins being unable to delete images, and how Trust & Safety tooling is currently lacking.
We can expect them to follow the law. And yes this means implementing required features to comply with the law.
Nothing here is breaking any laws. I don't know why OP thinks the GDPR applies here, it doesn't.
It does apply, but not to the Lemmy devs, but to the instance admins.
As it stands, you can't legally host a Lemmy server in either the EU or the US (or places they can reach) and federate with the 'verse at large without fear that the authorities will come after you.
This is not true at all, you can host a instance in the USA for free and not be subjective to the GDPR. You're not selling anything, or marketing anything or doing any data collection to be sold. It %100 does not apply.
GDPR article 3, and the EU-US Data Protection Umbrella Agreement concluded in the US in December 2016 which makes it US law disagree.
Yeah no it doesn't.
https://gdpr-info.eu/art-3-gdpr/
Go read it ffs.
Lemmy instances offer services to me as an in-EU data subject, and that makes it subject under the very Article 3/2 (a) you linked.
Since there is federation, a US-based instance would still be a data processor if it IP blocked be as coming from the EU.
I did in fact read it.
Read the rest of it, instead of cherry picking shit. The instance needs to be collecting your data and selling it or making some sort of money off of it.
Where does it say that?
Lemmy doesn't sell anything and it doesn't monitor you or collect pii.
Anything that someone's identity can be even indirectly inferred is PII. The GDPR explicitly defines usernames as online identifiers as PII.
The whole "irrespective of whether a payment of the data subject is required" bit is so that it applies to free services like Lemmy as well. Lemmy provides me with a free service. It even monitors me through federation, since it scrapes my username and comments from other instances without my affirmative and explicit consent. Using a service, no matter its nature, is not consent as required by the GDPR.
There is an explicit cutout for services you offer yourself or your household members. The reason it is there is that free services like Lemmy absolutely do qualify.
No it doesn't, and good luck finding a case where someone has been fined for hosting a free service that doesn't sell anything.
There are dozens of cases of fines issued to municipalities, and government offices that don't do business. France fined a parliamentary candidate. Italy has fined the Italian Archery Federation, an NGO. Germany fined a bunch of individual police officers and an employee of a Covid testing centre.
Please either start backing up your claim of some supposed nonprofit exception, or go sealioning somewhere else.