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Under European law it is reasonably impossible for an individual to run a forum or blog which is open to comments: > The EU just passed TERREG yesterday witho

by vadfa 5y ago

Under European law it is reasonably impossible for an individual to run a forum or blog which is open to comments: > The EU just passed TERREG yesterday without a vote that requires anyone running a website with user generated content (a blog with comments, a forum etc.) and if they have significant EU user base to establish legal presence in the EU and have an officer responsible for deleting content with 1 hr SLA. That's out of reach for most of people. You cannot even block your site for EU traffic, because EU users can use VPN. […] > On 12 September 2018, the European Commission presented a proposal for a regulation on preventing the dissemination of terrorist content online, which included: >The one-hour rule: a legally binding one-hour deadline for content to be removed following a removal order from national competent authorities; Not to mention restrictions on "hate speech", NetzDG, impressums... If they are operating this datacenter under their German company, wouldn't all clients have to comply with this?

Tepix 5y ago
Let's see: "Geldstrafen für Anbieter, die aus technischen oder betrieblichen Gründen einer Löschanordnung nicht innerhalb einer Stunde nachkommen können (z.B. private Webseitenbetreiber zur Nachtzeit), sind ausgeschlossen." In english: "Fines for providers who cannot comply with a deletion order within one hour for technical or operational reasons (e.g. private website operators at night time) are excluded." So... you're wrong. PS I agree that TERREG is bad.
- gruez 5y ago
  >"Fines for providers who cannot comply with a deletion order within one hour for technical or operational reasons (e.g. private website operators at night time) are excluded." >So... you're wrong. Whether he's actually wrong hinges on what counts as "operational reasons". If it's during business hours and I'm out for lunch, does that count? What if I'm in the office/home but I left DnD mode on?
  - emteycz 5y ago
    As with anything EU, that's left for the bureaucrats to judge (social paradises don't need courts).
Tenoke 5y ago
As your comment states you already technically have to comply with this if you have a significant EU user base, regardless of your provider. Non-EU sites like twitter for example comply - I get the netzdg options when I click report from Germany, they have legal presence etc. despite not being hosted here.
- deleted 5y ago
  [deleted]
jabiko 5y ago
I don't think the location of the company matters. As far as the EU is concerned if you are serving an audience in the EU you have to comply even if you are hosting on AWS or any other hosting provider regardless of where you are in the world. IANAL, but I don't think this law is a relevant factor when picking your hosting provider.
- PragmaticPulp 5y ago
  Does the law specifically carve out exceptions for hosting companies? If there isn’t an explicit exception, then the cloud hosting company could also be subjected to the same requirements to remove censored content from their platform within 1 hour of receiving the notice. A hosting platform hosting user-provided code and content isn’t that much different than a forum platform hosting user-provided comments in the eyes of the law.
  - nuerow 5y ago
    > Does the law specifically carve out exceptions for hosting companies? Does this law even apply to hosting companies? The description mentions people running websites, which in this case refers to customers of hosting companies such as AWS, Hetzner, and others. Expecting hosting companies such as Hetzner to be responsible or liable for content that a client posts on a service running on one of their vCPU would make as much sense as going after AWS just because a conspiracy nut posted a tweet.
  - Arnt 5y ago
    And the cloud hosting platform would have to react within one hour (at least usually). An autoreply saying "no" isn't a reaction, but a human answering is a reaction.
diegorbaquero 5y ago
How enforceable is this? If I’m a Latin American hosting in the US what happens?
raverbashing 5y ago
> If they are operating this datacenter under their German company, wouldn't all clients have to comply with this? No Also none of those restrictions apply to stuff like a VM provider.

by vadfa 5y ago

Tepix 5y ago

Let's see: "Geldstrafen für Anbieter, die aus technischen oder betrieblichen Gründen einer Löschanordnung nicht innerhalb einer Stunde nachkommen können (z.B. private Webseitenbetreiber zur Nachtzeit), sind ausgeschlossen." In english: "Fines for providers who cannot comply with a deletion order within one hour for technical or operational reasons (e.g. private website operators at night time) are excluded." So... you're wrong. PS I agree that TERREG is bad.

gruez 5y ago
>"Fines for providers who cannot comply with a deletion order within one hour for technical or operational reasons (e.g. private website operators at night time) are excluded." >So... you're wrong. Whether he's actually wrong hinges on what counts as "operational reasons". If it's during business hours and I'm out for lunch, does that count? What if I'm in the office/home but I left DnD mode on?
- emteycz 5y ago
  As with anything EU, that's left for the bureaucrats to judge (social paradises don't need courts).

Tenoke 5y ago

As your comment states you already technically have to comply with this if you have a significant EU user base, regardless of your provider. Non-EU sites like twitter for example comply - I get the netzdg options when I click report from Germany, they have legal presence etc. despite not being hosted here.

deleted 5y ago
[deleted]

jabiko 5y ago

I don't think the location of the company matters. As far as the EU is concerned if you are serving an audience in the EU you have to comply even if you are hosting on AWS or any other hosting provider regardless of where you are in the world. IANAL, but I don't think this law is a relevant factor when picking your hosting provider.

PragmaticPulp 5y ago
Does the law specifically carve out exceptions for hosting companies? If there isn’t an explicit exception, then the cloud hosting company could also be subjected to the same requirements to remove censored content from their platform within 1 hour of receiving the notice. A hosting platform hosting user-provided code and content isn’t that much different than a forum platform hosting user-provided comments in the eyes of the law.
- nuerow 5y ago
  > Does the law specifically carve out exceptions for hosting companies? Does this law even apply to hosting companies? The description mentions people running websites, which in this case refers to customers of hosting companies such as AWS, Hetzner, and others. Expecting hosting companies such as Hetzner to be responsible or liable for content that a client posts on a service running on one of their vCPU would make as much sense as going after AWS just because a conspiracy nut posted a tweet.
- Arnt 5y ago
  And the cloud hosting platform would have to react within one hour (at least usually). An autoreply saying "no" isn't a reaction, but a human answering is a reaction.

diegorbaquero 5y ago

How enforceable is this? If I’m a Latin American hosting in the US what happens?

raverbashing 5y ago

> If they are operating this datacenter under their German company, wouldn't all clients have to comply with this? No Also none of those restrictions apply to stuff like a VM provider.