Things to know about legal issues such as DMCA when self-hosting an application that many users publish content to the net like Mastodon Summary

As Twitter undergoes a major transformation, you can join someone else's hosted 'instance' or create your own instance of free, open source software running on a server you control, and Mastodon . More and more people are switching to social media alternatives like. The Electronic Frontier Foundation summarizes the legal risks associated with hosting an instance of Mastodon.

User Generated Content and the Fediverse: A Legal Primer | Electronic Frontier Foundation
https://www.eff.org/deeplinks/2022/12/user-generated-content-and-fediverse-legal-primer

If the administrator of an instance were found to be responsible for some of its users sharing infringing material through the instance, it could lead to huge damages. However, Section 512 of the Digital Millennium Copyright Act (DMCA) allows a safe harbor waiver if service providers, including instance administrators, respond promptly to notices of copyright infringement.

However, this Safe Harbor Exemption does not apply automatically and certain criteria must be met. For example, you must provide your DMCA agent's contact information and a link to your copyright policy on your website or instance. The DMCA agent is the official point of contact for copyright complaints, and registrations must be renewed every three years.

Here is the information that must be included in a notice of copyright infringement under the DMCA: Notifications that do not contain all of these elements need not be acted upon.

・Name, address, and physical or electronic signature of the party making the complaint
- Identification of the infringing material, such as a URL, and its location on the Internet;
・Sufficient information to identify the copyrighted work
A statement by the copyright owner who reasonably believes that the alleged use has no legal basis
A statement showing the accuracy of the notice and that the complaining party is authorized to act on behalf of the copyright owner;

Conversely, the following elements are required in order for a user whose content has been removed by the provider to apply for a 'counter-notice' to deny that 'I am not infringing copyright':

・User's name, address, phone number, physical or electronic signature
・Identification of content and its location before deletion
A statement that the content was removed by mistake
Consent to local federal court jurisdiction or appropriate judicial authority

In addition, there may be requests to disclose the user's personal information due to legal troubles. Law enforcement agencies may also press you for personal information as part of a criminal investigation or prosecution. In such cases, you should always consult an attorney about whether or not to comply with the request. In addition, it is necessary to understand what kind of data such as IP addresses and data stamps are kept as logs, and to summarize what kind of information can be submitted. If possible, publishing a transparency report on a regular basis will also help build trust among users.

In the United States, there is the `` Communication Decency Act Article 230 (Section 230),'' which stipulates that ``operating companies such as SNS and bulletin boards are not legally responsible for the content posted by users.'' However, Section 230 is being called for revision to prevent the spread of fake news and hate speech.

US president appeals for abolition of SNS exemption Speech on hate crimes | Reuters
https://jp.reuters.com/article/usa-biden-hate-idJPKBN2QH02L

Also, a bill called FOSTA/SESTA was passed in 2018 that exempts Section 230 from the application of platforms that facilitate sex trafficking. Whether or not FOSTA/SESTA is constitutional is being debated, but it is valid at the time of writing the article. As such, you should proactively respond to any posts that imply sex trafficking in your instance.

In addition, in Japan, there is a law called the Provider Liability Limitation Law, so if you do not understand it, please consult a lawyer.

Ministry of Internal Affairs and Communications | Response to illegal and harmful information on the Internet (Provider Liability Limitation Law) | Provider Liability Limitation Law Q&A
https://www.soumu.go.jp/main_sosiki/joho_tsusin/d_syohi/ihoyugai_04.html