Alternatively, setup your own instance is my best advice. If you have some technical skills to setup one. That would help decentralizing the most of course. If you need to help. We are happy to help.

[–] matcha_addict@lemy.lol 2 points 2 months ago* (last edited 2 months ago) (8 children)

Is there a still a concern for self hosters of public instances regarding CSAM content? And if so, any guidance on how to mitigate it?

I am very interested in self hosting, but I am worried of its legal repercussions, especially since I am an immigrant in the country where I live and afraid to get in any legal trouble.

[–] 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.

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