this post was submitted on 10 Nov 2024
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Do you have any advice, recommendations, and/or tips for someone wanting to host a public/non-personal Lemmy instance? (sh.itjust.works)
submitted 1 week ago* (last edited 6 days ago) by [email protected] to c/[email protected]
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[–] [email protected] 3 points 1 week ago* (last edited 6 days ago) (1 children)

they might allow subpeonas from various companies who request the info.

"Allow" is an interesting choice of words. A subpoena is legally binding (depending on the jurisdiction). One could circumvent this by purchasing a domain anonymously, but I'm not currently aware of a reputable domain provider that allows anonymous purchasing of domains.

—

Addendum (2024-11-11T23:38Z):

I just found Njalla which seems to allow anonymous purchasing of domains, but idk how reputable they are.

[–] [email protected] 2 points 6 days ago* (last edited 6 days ago) (2 children)

It comes down to the individual company on whether or not to fight requests for user information. A lot of precedent exists for not complying.

[–] [email protected] 1 points 6 days ago (1 children)

A lot of precedent exists for not complying.

Would you mind citing a case? I'm curious.

[–] [email protected] 1 points 6 days ago (1 children)

NY Times vs Njalla

Njalla does comply with some requests, and was forced to shut down some pirate bay instances at one point, though. Ghost is another privacy domain seller.

Theres also a term for companies called "Bulletproof Registrars." For example, some Malaysian Registrars apparently don't have an address and cannot actually recieve most subpoenas.

Mostly VPNs, I don't know too much about similar cases with server hosts or domain sellers.

[–] [email protected] 1 points 6 days ago

NY Times vs Njalla

Do you have an official record of them not complying with an official court-ordered subpoena? I looked into "NYT vs Njalla", and it seems like it was the NYT making a private request to Njalla under threats of legal action, but no legal action followed [1][2].

References

  1. "About those threats". Blog. Njalla. Published: 2018-01-25. Accessed: 2024-11-12T00:33Z. https://njal.la/blog/about-those-threats/.
  2. "Njalla gives New York Times The Pirate Bay treatment". Staff Writer. Mybroadband. Published: 2018-01-26. Accessed: 2024-11-12T00:36Z. https://mybroadband.co.za/news/internet/246265-njalla-gives-new-york-times-the-pirate-bay-treatment.html.
    • ¶10

      TorrentFreak reported that Njalla did not hear back from the New York Times after sending the response.

[–] [email protected] 1 points 6 days ago (1 children)

It comes down to the individual company on whether or not to fight requests for user information.

Wouldn't this simply be obstruction of justice?

[–] [email protected] 1 points 6 days ago (1 children)

Not every court order is a criminal case.

[–] [email protected] 1 points 6 days ago* (last edited 6 days ago)

Sure, but (in the USA) an investigation precedes a criminal case [2], and a court order is part of that. I directly cite, for example, 18 U.S. Code § 1509 - Obstruction of court orders [1]:

Whoever, by threats or force, willfully prevents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be fined under this title or imprisoned not more than one year, or both.

References

  1. "18 U.S. Code § 1509 - Obstruction of court orders". Legal Information Institute. Cornell Law School. Accessed: 2024-11-12T00:42Z. https://www.law.cornell.edu/uscode/text/18/1509.
  2. "A Brief Description of the Federal Criminal Justice Process". FBI. Accessed: 2024-11-12T00:46Z. https://www.fbi.gov/how-we-can-help-you/victim-services/a-brief-description-of-the-federal-criminal-justice-process.
    • §"I. The Pretrial Stage". §"Investigations, Grand Juries, and Arrests". ¶1.

      If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. [...]