this post was submitted on 21 Jun 2023
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Lemmy

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So, I’m kinda new to this Lemmy thingy and the fediverse. I like the fediverse from a technological standpoint. However, I think that, if we gain more and more traction, Lemmy (and by extend the entire fediverse) is a GDPR clusterfuck waiting to happen. With big and expensive repercussions…

Why? Well, according to GDPR, all personal data from EU users must remain in the EU. And personal data goes really far. Even an IP-address is personal data. An e-mail address is personal data. I don’t think there is jurisprudence regarding usernames, so that might be up for discussion.

Since the entire goal of the fediverse is “transporting” all data to all servers inside the ActivityPub/fediverse world, the data of a EU member will be transported all over the place. Resulting in a giant GDPR breach. And I have no idea who will be held responsible… The people hosting an instance? The developers of Lemmy? The developers of ActivityPub?

Large corporations are getting hefty fines for GDPR breaches. And since Lemmy is growing, Lemmy might be “in the spotlights” in the upcoming years.

I don’t like GDPR, and I’m all for the technological setup of the fediverse. However, I definitely can see a “competitor” (that is currently very large but loosing ground quickly) having a clear eye out to eliminate the competition…

What do y’all thing about this?

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[–] [email protected] 5 points 1 year ago (5 children)

"don't like GDPR"? What's not to like? Best thing that came out of EU regulation in a long time. And as others have noted you seem to be misinformed about what it actually says...

[–] [email protected] 5 points 1 year ago

I also can't wrap my head around “not liking” GDPR

As a relevant example, seems like only citizens covered by GDPR will be able to request Reddit to remove all of their data from Reddit's servers since comment deleting tools and scripts are being bypassed, with loads of comments and even entire profiles getting restored by Reddit admins

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[–] [email protected] 3 points 1 year ago (1 children)

I'm not an expert in GDPR and will leave the technical side to those who are, but the fact that the EU actively present at the Fediverse with among others the @EU_Commission represented at their official Mastodon instance, I would be surprised if the GDPR was suddenly weaponised against it.

GDPR was written with the intention of empowering users over corporations. The Fediverse has the same goal.

[–] [email protected] 0 points 1 year ago (1 children)

Although I would be curious about how GDPR deletion would work. Do all instances have to delete it, or is it just the hosting instance?

[–] [email protected] 0 points 1 year ago (1 children)

It's only the instance on which you create your account that has your personal data, that data is not sent around.

Your comments are not included, it's you willingly writing them, not some corporation spreading around your data without your knowledge nor consent, this is what the GDPR is about, data held by corporations that users cannot control in any way, or even have no knowledge about.

[–] [email protected] 1 points 1 year ago

One important part of gdpr is that you can revoke consent and decide you don't want something to be public anymore.

[–] [email protected] 2 points 1 year ago (1 children)

all personal data from EU users must remain in the EU

Create your account on a EU server, problem solved.

Lemmy (fediverse in general) doesn't send account data away, and posts don't qualify as personal data, when you publish something to the internet, it's public by definition.

[–] [email protected] 0 points 1 year ago* (last edited 1 year ago) (1 children)

GDPR Art 4.(1) 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Every post and comment in Lemmy qualifies as personal data because they contain the ideas and opinions of an identifiable natural person (by their user handle). Therefore the Lemmy instances are handling personal data and must comply with the GDPR.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

Ideas and opinions are NOT identifiable information, unless you're so smart to as openly writing your personal data on a public forum (something noone should ever do, it's even bannable on reddit), your comments and posts do NOT contain and personally identifiable info, only your account does.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

Personal data is not identifiable information. Personal data is information about an identifiable person. The identifiable information is your username (“online identifier”)

[–] [email protected] 1 points 1 year ago (1 children)

There is no way someone can link your username to who you are in person, unless it's you who write it out.

Laws don't protect people from themselves.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (20 children)

And personal data goes really far. Even an IP-address is personal data. An e-mail address is personal data.

Thankfully, Lemmy instances do not transport this kind of information about their users to other instances!

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[–] [email protected] 0 points 1 year ago (2 children)

Since the entire goal of the fediverse is “transporting” all data to all servers inside the ActivityPub/fediverse world, the data of a EU member will be transported all over the place.

It doesn't work like that, think of your instance being a proxy to the fediverse

[–] [email protected] 0 points 1 year ago (2 children)

But when a lemmy.world user subscribes to a feddit.de community, the entire community will be copied to the lemmy.world server, or am I wrong?

[–] [email protected] 0 points 1 year ago (1 children)

You are indeed wrong. The email and IP addresses and passwords for example don't get copied. I'm not well versed enough about how it works to go into more detail.

[–] [email protected] 1 points 1 year ago (1 children)

You are indeed wrong. The email and IP addresses and passwords for example don’t get copied.

I never said that IP addresses and passwords are getting copied.

The thing that no one seems to understand here is that all my posts, comments and votes and everything are my personal data. My data can be public, but it’s still MY data and I have the right to decide what happens with it and if it should stay public. That’s what the GDPR says and that’s exactly what OP is referring to.

[–] [email protected] 0 points 1 year ago (1 children)

If what you say is true, then... Email is illegal in the EU. EMAIL.

Yeah, no, GDPR, although well intentioned against large corporate entities that have all the power in centralized system, is a relic in the context of federated technology. It is both completely unenforceable, and also not really relevant.

[–] [email protected] 1 points 1 year ago (1 children)

If what you say is true, then… Email is illegal in the EU. EMAIL.

No, but there are actually certain things you need to take into consideration when it comes to GDPR and email.

What the GDPR says:

Data erasure is a large part of the GDPR. It is one of the six data protection principles: Article 5(e) states that personal data can be stored for “no longer than is necessary for the purposes for which the personal data are processed.” Data erasure is also one of the personal rights protected by the GDPR in Article 17, the famous “right to be forgotten.” “The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay.” There are some exceptions to this latter requirement, such as the public interest. But generally speaking, you have an obligation to erase personal data you no longer need.

What it means for email: Many of us never delete emails. There are plenty of good reasons: We may need to refer to them someday as a record of our activities or even for possible litigation. But the more data you keep, the greater your liability if there’s a data breach. Moreover, the erasure of unneeded personal data is now required under European law. Because of the GDPR, you should periodically review your organization’s email retention policy with the goal of reducing the amount of data your employees store in their mailboxes. The regulation requires you to be able to show that you have a policy in place that balances your legitimate business interests against your data protection obligations under the GDPR.

https://gdpr.eu/email-encryption/

I still don't see a reason why Lemmy shouldn't be affected by the GDPR and why it's probably not compliant in its current state.

[–] [email protected] 1 points 1 year ago (1 children)

The last paragraph you quoted is in reference to individual responsability and how they access the data. It's equivalent to saying "don't look at at this Fediverse post: you are GDPR compliant!". This only helps you in litigation. We both know that says nothing of where the data can exist. And this is true for any federated system, including email.

It's also completely asinine. Suddenly we need to burn snail mail after reading it? Why receive any mail at all if everything is a giant piece of liability? There's a social contract in communication: a certain assumption that if you give someone a piece of informtion, you are doing just that: giving, not lending. "Lending information" upsets the social structure. GDPR has to be tempered in reality, and this starts even before the fediverse.

Like I said, GDPR is imperfect. It was written in the context of and solves a problem created by centralized institutions and large beaurocracies. It is also completely unenforceable in a decentralized system. It hardly seems relevant anyway.

Realisticalpy speaking, those tempered interpretations are probably already existant, and there is already enough precedent for this to be a nothing burger.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

This whole thread is full of interpretations and gut feelings. Literally no one here backs up their claims with any kind of evidence.

[–] [email protected] 1 points 1 year ago (1 children)

Unsurprising considering we are in uncharted territory here.

[–] [email protected] 1 points 1 year ago

Absolutely, but many people in this thread are acting like everything was totally clear, fine and well defined already.

[–] [email protected] 0 points 1 year ago (2 children)

sure, but no personal data like email/ IP

[–] [email protected] 2 points 1 year ago

The content of comments and post can also contain personal data.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

I think you, being an admin of a huge Lemmy instance, would be well advised to educate yourself on the difference between "public" and "personal" when it comes to GDPR compliance. All the data I create here is my personal data, no matter if it's my IP, my mail address, posts, comments or votes and the GDPR says that it's my right to decide what happens with my data and if it should stay public. The fact that I post something publicly doesn't make my data non-personal.

[–] [email protected] 0 points 1 year ago (1 children)

Is it? I read somewhere that data effectively gets "copied" to the different instances? But that might be wrong info :p

[–] [email protected] 0 points 1 year ago (2 children)

You're right. If someone from feddit.de subscribes to a lemmy.world community, the entire content of that community is going to be copied to the feddit.de server and that's the exact issue OP is referring to.

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