this post was submitted on 10 Sep 2024
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Mbin instances (sh.itjust.works)
submitted 2 months ago by RmDebArc_5@sh.itjust.works to c/fediverse@lemmy.world
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Quick question, I’m looking to make an Mbin account and just wanted to ask if there is any lemmy.ml type of situation to be aware of.

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[–] Trainguyrom@reddthat.com 3 points 2 months ago (1 children)

The EFF had a handy explainer a couple of years ago on basically that subject:

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

Child Sexual Abuse Material (CSAM): Service providers are required to report any CSAM on their servers to the CyberTipline operated by the National Center for Missing and Exploited Children (NCMEC), a private, nonprofit organization established by the U.S. Congress, and can be criminally prosecuted for knowingly facilitating its distribution. NCMEC shares those reports with law enforcement. However, you are not required to affirmatively monitor your instance for CSAM.

By my understanding, you don't have to setup proactive monitoring for CSAM being federated in, but if you specifically spot CSAM or it is reported to you then you are legally obligated to report it

[–] schizo@forum.uncomfortable.business 2 points 2 months ago

As a slight side note, that really only directly applies to people in the US.

Other countries have different requirements around what you're required to do, and some are stricter and some are uh, not as strict.