Note: I deleted my comment by mistake. X.x
So I think most of the time we would be in the clear, as long as actual CSAM is handled when it is found/reported.
Just like Reddit doesn’t get hauled to court when CSAM is posted. And mods don’t get arrested for viewing it while they are removing it.
Honestly, I don’t know how the law would handle this kind of situation. But in my mind, the only time you’re in legal hot water is when (a) there is actual CSAM involved, and (b) nothing is done to prevent that association.
In this case, (a) was proven to be false. So there’s no concern. But if it had been the case, then defederation makes sense.
Otherwise, there’s no reason to federate at all. Anyone can post CSAM on any instance at any time. There’s nothing in place to detect it, nothing in place to handle it other than manual moderation. That’s just a hard fact of lemmy instance hosting.
So, yes. Their instance would have copies of content viewed by their users. That said, they didn’t defederate because of CSAM, which would make perfect sense. They defederated because they made an incorrect assumption, and then wanted an entire community nuked because of that assumption… even after they were corrected.
The moment things were made clear, they should have said “oh okay, our bad.” But instead they doubled down.
Oh, that’s odd. Wonder if that’s just an odd quirk of Mastadon interacting with lemmy. On this end it looks like you’re manually typing out the users name on its own line.
I’m inclined to agree with you. Though I’ll argue that most users over there are agreeing based on a colorful interpretation of what happened, assuming that there is indeed a community based around legal porn meant to look like CSAM… which doesn’t appear to be the case at all. Look at the community in question (!adorableporn@lemmynsfw.com) and you’ll notice a lack of anything encouraging people to present as underage.
Looking through the alleged community (!adorableporn@lemmynsfw.com) I’m really not seeing anything that looks inherently like it could be misinterpreted as CSAM.
FYI, when you’re replying to someone you don’t need to @ them. You only need to when you’re not directly replying to them.
B-but only teenagers can have braces! /s
They decided that because they mistook it for CSAM it should be taken down, and the entire community with it.
Because they assumed one image was CSAM.
It’s kinda nuts.
Very odd, but I suppose it makes sense.