Comment on Image uploads are now disabled on lemm.ee due to malicious users

randint@lemm.ee ⁨1⁩ ⁨year⁩ ago

• GarbageShoot@hexbear.net ⁨1⁩ ⁨year⁩ ago

  I mean, the nuclear option should be used here even if there wasn’t legal liability because that shit just shouldn’t be here.

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  • randint@lemm.ee ⁨1⁩ ⁨year⁩ ago

    that shit just shouldn’t be here

    Yes, I agree. Maybe my wording suggested otherwise. But my point was that it wouldn’t be the uploader that’s punished but the instance itself. That’s kinda weird.

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• Blamemeta@lemm.ee ⁨1⁩ ⁨year⁩ ago

  I kinda wonder though, how would go about making a law against cp but doesn’t hurt small sites like lemm.ee?

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  • PM_Your_Nudes_Please@lemmy.world ⁨1⁩ ⁨year⁩ ago

    The issue is that you really can’t. The laws are written specifically to prevent plausible deniability. Because pedos would be able to go “lol a troll sent it to me” and create some doubt in a jury. Remember that (at least in America) the threshold for conviction is supposed to be “beyond a reasonable doubt.” So all the pedos would need to do is create reasonable doubt, by arguing that they never intended to view/own the CSAM.

    So instead, the laws are written to close that loophole. It doesn’t matter why you have the CSAM. All that matters is you have it. The feds/courts won’t give a fuck if it was due to you seeking it out or if it was due to a bad actor sending it to you.

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    • AeroLemming@lemm.ee ⁨1⁩ ⁨year⁩ ago

      How is that not extremely problematic? What stops someone from using Tor and a bunch of dummy accounts to send CSAM to someone else and get them arrested?

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      • ZodiacSF1969@sh.itjust.works ⁨1⁩ ⁨year⁩ ago

        I think they have oversimplified the situation to the point that it is wrong.

        1. Arguably, Lemmy instance providers are protected in the same way Facebook or other content hosts are. So long as you are acting in good faith you are protected against any illegal content your users upload. This does mean you need to remove illegal content as you become aware of it, you can’t just ignore what your users are doing.

        2. There have been cases where although a user technically ‘possessed’ CSAM, it was shown that they did so unknowingly via thumbnails or it being cached. The police do investigate where it came from. It’s not as simple as just sending it to someone and you can have them convicted.

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    • ZodiacSF1969@sh.itjust.works ⁨1⁩ ⁨year⁩ ago

      Lemmy instances are likely already protected in many countries legally so long as they act in good faith, ie actively moderate.

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• hemko@lemmy.dbzer0.com ⁨1⁩ ⁨year⁩ ago

  Fuck the legal part, I wouldn’t want to stay on platform infested with cp. Thank you so much for all the awesome people combating this <3

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