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Reddit is in danger of a death spiral
(www.zdnet.com)
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this post was submitted on 23 Jun 2023
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Technology
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Speaking of, how are regulators / governments going to deal with Lemmy? Virtually all existing legislation is intended to deal with centralized stuff run by companies, not federalized. By some regards, there may be actual legal issues with the current setup.
Lemmy by its nature is unlikely to ever face the scrutiny that corporate-owned platforms do, but that doesn't mean we should be unprepared.
Edit: ...virtually all existing legislation...
Well, Lemmy is, when you get down to the technical level, centralized.
Each instance is a centralized unit, with a server owned and run by an individual or a group of people. Each instance replicates and hosts content. Since each instance provides the content directly, they are responsible for the content, same as Twitter is responsible for the content on Twitter, even if the content is a screenshot/copy of a Reddit post.
So I, as a feddit.de user am subject of feddit.de's TOS, since I am legally their customer. feddit.de is responsible to clean illegal content from their instance and from all replications from other instances that they are hosting.
Regular social-media-related law totally applies to Lemmy, with two caveats. Many of these laws have a triviality limit, meaning they won't apply to networks below a certain user count/yearly revenue.
Federation means that each instance is technically a separate social network, so their user count is not added together. And since all Lemmy instances I know are non-profit/non-commercial, there is also no meaningful revenue.
But for laws without these limits (e.g. GDPR) there is no salvation for Lemmy, and once Lemmy becomes big enough for anyone to notice, there will be lawsuits.
European commission begs to differ: https://commission.europa.eu/law/law-topic/data-protection/reform/rights-citizens/redress/what-should-i-do-if-i-think-my-personal-data-protection-rights-havent-been-respected_en
That's from the link.
I said, you can be sued for GDPR violations. "Take legal action" = "sue someone".
Also, yes, you can very much sue for emotional damages and real damages due to GDPR violations. The difference between US and EU is that emotional damages in the EU are a few €100 and not a few 1000 or even 10000.
But if you do really leak data (e.g. passwords) and these are then abused for something else, then you are talking about serious costs.
Here you got a link about how the European Court of Justice confirms that emotional damages for GDPR violations is a thing: https://noyb.eu/en/court-justice-confirmed-there-no-threshold-gdpr-damages
That's what you have Cease and Desists for.
In Germany and Austria (and potentially other European countries, I don't know), the recipient of a cease and desist letter has to pay the fee of the lawyer who sent the letter and also damages, unless they want to go to court over the matter. The price is usually ~€200-500.
These are often sent out in fairly large volumes and are used exactly for this case. Suing for a few €100 is not worth the effort, so you send out written warnings and most people will comply. You only sue in the few cases that won't comply, so that the threat is real.
This is mostly an issue for smaller companies, since a few €100 can really throw off their budget.
Considering that most Lemmy instances are one-man shows that are run as a hobby without any real budget, this is a serious threat here.
Have a look at the map of Lemmy instances: https://lemmy.fediverse.observer/map
A huge part of them (over 1/3) are operated out of Germany, and all of them would be vulnerable to this kind of legal attack.
I would imagine the same laws that apply to email servers or voip services or any other existing federated service like usenet...