this post was submitted on 14 Aug 2023
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ianal, but I think the precedent is that if you own and serve illegal content then you are liable. I don't think the law ever has or ever will entertain the idea that someone caught with cp on a hard drive and is serving it online shouldn't be held liable. And frankly, I don't think that's something we should entertain either. If there's an inherent legal/moral flaw in the system we should probably change the system before we ask the world to accommodate it. It sounds way too easy to spin up a scapegoat server, purchased anonymously on the other side of the planet, host very illegal content and pipe it through a 'laundering' server that you can openly own and operate with legal impunity. Sure, you'll be caught hosting illegal content, but because it didn't originate from your server you've done nothing wrong? I think the only way the legal questions will go away is if federated servers stop hosting the cached material from federated servers, or at least from the riskiest of servers. Right now the only way to do that is to de-federate but there should be another option.