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Mastodon Migration

@vruz @snarfed.org @snarfed

In addition to broad content rights issues, there may also be GDPR issues. GDPR has very explicit rules about opt-in vs. opt-out when consent is required.

16 comments
Sam :verified:

@mastodonmigration @vruz @snarfed.org @snarfed The developer of this is US-based and is not making money off of it, so it doesn't apply lol.

This is doing absolutely nothing different than what federation already does. Federation vacuums up your data and sends it to another server. That is how Mastodon has always worked. This is no different.

vruz

@sam @mastodonmigration @snarfed.org @snarfed

I'm not sure what "lol" means in this context, but it seems that you are saying somebody believes that living in and operating from the US is reason enough for that person not to give a fuck about other people's rights.

Arcaik

@vruz @sam @mastodonmigration @snarfed.org @snarfed I guess they believe GDPR is written like “consent is important yo, unless the guy is based in the US and doesn't directly makes money out of it, in that case he can do whatever”.

Sam :verified:

@Arcaik @vruz @mastodonmigration @snarfed.org @snarfed GDPR isn't applicable to anything on the Fediverse because if Mastodon was actually taken to court for GDPR the entire Fediverse would be shut down.

The Fediverse is built upon taking your data and sending it off to as many servers as possible without your consent or knowledge. That is how it works. And it is a HUGE untested legal gray area.

Sam :verified:

@Arcaik @vruz @mastodonmigration @snarfed.org @snarfed If you wanna push super fucking hard on GDPR, then go ahead and fucking do it, but it'll impact ALL of us in very real and very negative ways if you do.

Until then, 'consent' is meaningless because there is absolutely fucking nothing fundamentally different between what this dev is doing and what Mastodon is doing.

vruz

@sam @Arcaik @mastodonmigration @snarfed.org @snarfed

Many things seem to be meaningless in the US, including what I ssid before.

Sam :verified:

@vruz @Arcaik @mastodonmigration @snarfed.org @snarfed What I am saying is that if you applied 'consent' consistently, Mastodon would turn into an unusable mess. Other Fediverse servers use your data in tons of ways that, legally, are done without any of your consent.

The Mad Hatter replied to vruz

@vruz @sam @Arcaik @mastodonmigration @snarfed.org @snarfed you consent to the data being shared by posting it [with public visibility] (otherwise why would you post it).
Saying this is illegal is like saying your mail provider is doing something illegal when you are sending a mail because it 'shares your data' with different mail servers along the way.
But this is what you ask them to do.

Your instance admin should obviously be able to defederate the bridge. (And you to block )

@vruz @sam @Arcaik @mastodonmigration @snarfed.org @snarfed you consent to the data being shared by posting it [with public visibility] (otherwise why would you post it).
Saying this is illegal is like saying your mail provider is doing something illegal when you are sending a mail because it 'shares your data' with different mail servers along the way.
But this is what you ask them to do.

LillyLyle/Count Melancholia

@sam @vruz @Arcaik @mastodonmigration @snarfed.org @snarfed Surely by joining and using the service you are implicitly giving your consent, since that's obviously the very basis of how it works?

If you walk down a footpath in a town you are implicitly consenting to other people being able to see you and be there too.

I have always thought of social media as a place.

DELETED

@sam @Arcaik @vruz @mastodonmigration @snarfed not how the law works. If people haven't consented to this specific handling of their info, it's a breach of GDPR. You consent to other servers having your info when signing up, not random outsiders.

Arcaik

@sam @vruz That's not what you said in the first place. You implied that “based in the US” or “not making money” were valid ways of avoiding GDPR. They are not.

Every European citizen, wherever they are, are entitled to the rights provided by the GDPR.

🍒🌳 Hartmut Goebel

The GDPR is applicable. One could sue every single operator all over the world.
Only whether it can be enforced is questionable.
@sam @Arcaik @vruz @mastodonmigration @snarfed

🍒🌳 Hartmut Goebel

The GDPR applies to everything not only addressing the private area (family, etc) and to everybody addressing the European market - means all people living in Europe. And it applies to everybody no matter where on the world it is based.
Thus the GDPR for sure applies to this "servicex, too.
@sam @mastodonmigration @vruz @snarfed

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