this post was submitted on 01 Sep 2023
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Would it though? I understand that the main reason for defederating is to avoid your instance downloading CSAM posted in another instance, which could get an instance maintainer in legal problems. Allowing users to block entire instances won't help, because the illegal media will still get downloaded by the instance.
IANAL, if subscribers had a decryption key, and the instance only stored encrypted copies of the media, would instances still be liable? Kinda-sorta like Tor relay-only nodes; it seems like only exit nodes get in trouble.
INAL either, but I think these kind of tricks would only work if whoever tries to do them has enough money for lawyers and lobbying to make them work.
I’m not saying defederating should go away, but that this should be an additional way to deal with unwanted content.