“The SCOPE Act takes effect this Sunday, Sept. 1, and will require everyone to verify their age for social media.”

So how does this work with Lemmy? Is anyone in Texas just banned, is there some sort of third party ID service lined up…for every instance, lol.

But seriously, how does Lemmy (or the fediverse as a whole) comply? Is there some way it just doesn’t need to?

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49 points

The same way lemmy works with GPDR. Lemmy completely ignores it.

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12 points

That’s the vibe I’m getting. No problem.

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At times like this I wish we had /c/LegalAdvice - would love for someone who says “IAAL” to chime in.

Some of the biggest lemmy instances - lemmy.world, feddit.de - are based in the EU. I don’t understand how EU based instances like these would be able to get away with not following GDPR.

Though, it may be more that GDPR doesn’t apply, as per https://decoded.legal/blog/2022/11/notes-on-operating-fediverse-services-mastodon-pleroma-etc-from-an-english-law-point-of-view/

[The UK GDPR] does not apply to … the processing of personal data by an individual in the course of a purely personal or household activity
But for those spinning up an instance of a fediverse service for them and their friends, for a hobby, I think there’s far more scope for argument.

In any case it seems like asking a fediverse instance to be compliant with the GDPR is possible, see for an example at https://sciences.re/ropa/ and https://mastodon.social/@robin/109331826373808946 for a discussion.

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4 points

They won’t be able to the second someone reports them and a spotlight is put onto them. It does apply. Devs just don’t give a shit and admins are hosting what’s available.

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2 points

a purely personal or household activity

No chance. This is what makes it legal to share data within a family and, to a degree, among friends. Running an open social media platform is neither a personal nor a household activity.

The UK is not part of the EU. They kept the GDPR when they left, but it should not be assumed that the UK interpretation is always the same.

The GDPR is not very thoroughly enforced; much to the chagrin of some people. This may or may not change in the future. It would be politically quite unpopular, a bit like thoroughly enforcing no-parking zones.

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-3 points

It’s going to be a big problem when the EU catches wind. Gpdr is a nasty law, hard to comply with properly, and has harsh fines. And no, “we tried to comply” will not fly

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2 points

hard to comply with properly

Not at all. Don’t collect personal data that’s not technically necessary for the service to work. Tell users what data is collected and for what purposes. Done.

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1 point

It is a problem. If anyone complains or sues about GDPR compliance, they will get fined and/or have to pay damages.

There’s also other regulations, like the DSA. I’m fairly sure the GDPR isn’t the only legal problem.

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7 points

It doesn’t exactly ignore it, but in a sense GDPR doesn’t apply to Lemmy.

Long story short, GDPR is made to protect private information, and EVERYTHING in Lemmy is public so there is no private information to protect. It’s similar to things like pastebin or even public feed in Facebook, companies cannot be penalized for people willingly exposing their information publicly, but private information that is made public is a problem.

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2 points

That is entirely incorrect. It is general data protection regulation, not privacy regulation.

You are given certain rights over data relating to you. For example: you may have it deleted. Have you googled the name of a person? At the bottom, you will find a notice that “some results may have been removed”. Under the GDPR, you can make search engines delete links relating to you; for example, links to unflattering news stories (once you are out of the public eye).

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1 point

Sorry, forgot about answering here. Although the name is General data it is about personal data. I was going to reply with point by point why it either doesn’t apply to Lemmy or it follows GDPR, but I think it might be easier to answer directly your point about right to be forgotten.

First of all Lemmy allows you to delete your posts and user so it complies with it, but even if it didn’t GEPR has this to say:

Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

Paragraphs 1 and 2 are the right to be forgotten

for exercising the right of freedom of expression and information;

Which one could argue is public forum primary use

for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;

Which again one could argue is part of the purpose of Lemmy as well.

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