Obviously I already removed all media, banned all the users and prevented account creation. I have ip addresses and metadata of the users

  • HelloRoot@lemy.lolEnglish
    0·
    3 days ago

    Probably should have given the evidence to the police instead of deleting it.

    In most western jurisdictions platform owners are not liable for user content, so nothing to worry about - just tell the police and ask them what they would like you to do with the data.

    (this is not legal advice)

    • rc__buggy@sh.itjust.worksEnglish
      0·
      3 days ago

      If you have a problem and call the police, now you have two problems. That’s not just cliche, it’s true.

      Don’t call the cops, call a lawyer.

    • Lost_My_Mind@lemmy.worldEnglish
      0·
      3 days ago

      I mean…I get where you’re coming from, but fuck that!

      I’d have deleted the entire matrix server entirely. Washed my hands of the entire thing.

      Because you can go to the police, and say “There’s child porn on MY server”, and the cops MIGHT work with you to catch the people actually posting it.

      OR

      They might take the easy way. There’s a guy here, saying he’s hosting a server with child porn. Arrest him, because we know who he is, and call it a win in the media. Yes thats not how the law works…but it’s how lazy and corrupt cops work.

      Cops are never your friend. I’d avoid any interactions with them that you can.

    • null_dot@lemmy.dbzer0.comEnglish
      0·
      3 days ago

      I would think very carefully before contacting the police. I am not suggesting that you should provide a safe harbor for people sharing CSAM, or obfuscate their crime. You absolutely should take action, but carefully weigh your options before calling the police.

      While it may (possibly!) be true in your jurisdiction that platform operators are not liable for user content, police aren’t on “your side”. Even if you assume the highest standards of professionalism from them, they need to represent the interests of the victims (not you) and need to diligently investigate the crime. That means they need to confirm beyond reasonable doubt that you are not involved beyond operating the host.

      Just because you self-disclose does not mean that you are innocent. You could’ve been actively participating and when threatened with blackmail you’ve decided to self-disclose to avert guilt.

      Another consideration is what else I have on my server. I’m catch and release for pirate movies and TV these days so there’s only 100gb or so. I do have several hundred pirate audiobooks though. Deleting all that before handing my server over will look very suspicious.

      With all of this in mind, the only course of action is to talk to a lawyer. A lawyer will know exactly what laws are relevant, and can guide you through the process of self-disclosure while minimising the imposition on you.

    • NeoNachtwaechter@lemmy.worldEnglish
      0·
      3 days ago

      Probably should have given all of the evidence to the police instead of deleting some of it.

      Or maybe not. …

      In most western jurisdictions platform operators are not liable for user content

      Around here, OP would then automatically be a suspect for possession of the material. Possession is a crime. And that is far from funny. Better have a very good lawyer from minute 1.

      • pory@lemmy.worldEnglish
        0·
        3 days ago

        if the cops are feeling extra “fun”, it’s possession and distribution, since OP operated a server that served CSAM between users. Lawyer up before telling the police “i unknowingly distributed incredibly illegal material from a server I own, here it is”

          • NeoNachtwaechter@lemmy.worldEnglish
            0·
            2 days ago

            That doesn’t count for this kind of crime.

            It’s not even certain whether or not it applies at all for fediverse systems.