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> TL;DR: the legal firm we’ve engaged has sent us a memo indicating that in their opinion we can reasonably argue we do not have sufficient links to the UK for

> TL;DR: the legal firm we’ve engaged has sent us a memo indicating that in their opinion we can reasonably argue we do not have sufficient links to the UK for the Online Safety Act to be applicable to us. They also believe we would be at low risk of attempted enforcement action even if Ofcom does consider us to be in-scope for the OSA. We will continue to ensure that this is the case by keeping internal estimates of our UK user base and by continuing with our current efforts to keep Libera.Chat reasonably safe. We have no plans to institute any ID requirements for the forseeable future. Is it just me or is this not super confidence inspiring for what happens in the future? This just seems like an arbitrary time in future when they either have enough UK users or if Ofcom suddenly lowers or entirely removes the arbitrary "size" estimate, OSA will become applicable? As far as I can tell, we don't even know what this arbitrary "size" estimate is?

toast0 1y ago
Sure, but if you're forward looking, the rules could change and it's not predictable. This kind of a memo is a useful CYA. An interpretation of the current situation and likely risk factors, and when the situation changes in the future, an artifact that justifies their current non-compliance. Will Ofcom/courts accept it and not require compliance if the situation changes? No, but it might eliminate or reduce penalties for non-compliance.
bee_rider 1y ago
I think the goal is not to provide confidence (at least not artificially so). The situation is just not great. This letter: * At least reassures their users that they are doing their best, at least, even though that might not be much. * Emphasizes the difficulty of the situation that the UK created. * Shares, at least, a description of the advice they got (properly caveated that they or their lawyers weren’t giving anybody actual legal advice).

toast0 1y ago

Sure, but if you're forward looking, the rules could change and it's not predictable. This kind of a memo is a useful CYA. An interpretation of the current situation and likely risk factors, and when the situation changes in the future, an artifact that justifies their current non-compliance. Will Ofcom/courts accept it and not require compliance if the situation changes? No, but it might eliminate or reduce penalties for non-compliance.

bee_rider 1y ago

I think the goal is not to provide confidence (at least not artificially so). The situation is just not great. This letter: * At least reassures their users that they are doing their best, at least, even though that might not be much. * Emphasizes the difficulty of the situation that the UK created. * Shares, at least, a description of the advice they got (properly caveated that they or their lawyers weren’t giving anybody actual legal advice).