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Do you have any advice, recommendations, and/or tips for someone wanting to host a public/non-personal Lemmy instance? (sh.itjust.works)
submitted 1 month ago* (last edited 1 month ago) by Kalcifer@sh.itjust.works to c/selfhosted@lemmy.world
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If you think this post would be better suited in a different community, please let me know.

Topics could include (this list is not intending to be exhaustive — if you think something is relevant, then please don't hesitate to share it):

  • Moderation
  • Handling of illegal content
  • Server structure (system requirements, configs, layouts, etc.)
  • Community transparency/communication
  • Server maintenance (updates, scaling, etc.)

Cross-posts

  1. https://sh.itjust.works/post/27913098
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[-] finitebanjo@lemmy.world 2 points 1 month ago* (last edited 1 month ago)

It comes down to the individual company on whether or not to fight requests for user information. A lot of precedent exists for not complying.

[-] Kalcifer@sh.itjust.works 1 points 1 month ago

It comes down to the individual company on whether or not to fight requests for user information.

Wouldn't this simply be obstruction of justice?

[-] finitebanjo@lemmy.world 1 points 1 month ago

Not every court order is a criminal case.

[-] Kalcifer@sh.itjust.works 1 points 1 month ago* (last edited 1 month ago)

Sure, but (in the USA) an investigation precedes a criminal case [2], and a court order is part of that. I directly cite, for example, 18 U.S. Code § 1509 - Obstruction of court orders [1]:

Whoever, by threats or force, willfully prevents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be fined under this title or imprisoned not more than one year, or both.

References

  1. "18 U.S. Code § 1509 - Obstruction of court orders". Legal Information Institute. Cornell Law School. Accessed: 2024-11-12T00:42Z. https://www.law.cornell.edu/uscode/text/18/1509.
  2. "A Brief Description of the Federal Criminal Justice Process". FBI. Accessed: 2024-11-12T00:46Z. https://www.fbi.gov/how-we-can-help-you/victim-services/a-brief-description-of-the-federal-criminal-justice-process.
    • §"I. The Pretrial Stage". §"Investigations, Grand Juries, and Arrests". ¶1.

      If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. [...]

[-] Kalcifer@sh.itjust.works 1 points 1 month ago

A lot of precedent exists for not complying.

Would you mind citing a case? I'm curious.

[-] finitebanjo@lemmy.world 1 points 1 month ago

NY Times vs Njalla

Njalla does comply with some requests, and was forced to shut down some pirate bay instances at one point, though. Ghost is another privacy domain seller.

Theres also a term for companies called "Bulletproof Registrars." For example, some Malaysian Registrars apparently don't have an address and cannot actually recieve most subpoenas.

Mostly VPNs, I don't know too much about similar cases with server hosts or domain sellers.

[-] Kalcifer@sh.itjust.works 1 points 1 month ago

NY Times vs Njalla

Do you have an official record of them not complying with an official court-ordered subpoena? I looked into "NYT vs Njalla", and it seems like it was the NYT making a private request to Njalla under threats of legal action, but no legal action followed [1][2].

References

  1. "About those threats". Blog. Njalla. Published: 2018-01-25. Accessed: 2024-11-12T00:33Z. https://njal.la/blog/about-those-threats/.
  2. "Njalla gives New York Times The Pirate Bay treatment". Staff Writer. Mybroadband. Published: 2018-01-26. Accessed: 2024-11-12T00:36Z. https://mybroadband.co.za/news/internet/246265-njalla-gives-new-york-times-the-pirate-bay-treatment.html.
    • ¶10

      TorrentFreak reported that Njalla did not hear back from the New York Times after sending the response.

this post was submitted on 10 Nov 2024
83 points (97.7% liked)

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