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

PM_Your_Nudes_Please@lemmy.world ⁨10⁩ ⁨months⁩ 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 ⁨10⁩ ⁨months⁩ 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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- PM_Your_Nudes_Please@lemmy.world ⁨10⁩ ⁨months⁩ ago
  And that’s pretty much where we are now. Bad actors creating bot accounts on multiple instances, to spam the larger (most popular) instances with CSAM.
  
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- ZodiacSF1969@sh.itjust.works ⁨10⁩ ⁨months⁩ ago
  I think they have oversimplified the situation to the point that it is wrong.
  
  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.
  
  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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  - AeroLemming@lemm.ee ⁨10⁩ ⁨months⁩ ago
    Oh okay, that’s good. So if you could show that you were trying to block it, you’d be safe.
    
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    ZodiacSF1969@sh.itjust.works ⁨10⁩ ⁨months⁩ ago
    Yes, you’d just need to show that you actively moderate/apply content policies.
    
    This will vary by jurusduction, but most of the West has laws similar to this I believe.
    
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ZodiacSF1969@sh.itjust.works ⁨10⁩ ⁨months⁩ 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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