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Ask HN: Can I get some advice on how I should handle this hosting situation?

3 points by ltamake ↗ HN
Okay, so I host an imageboard in America. My host made us clear out our image folder because someone spammed child porn in an attempt to get us shut down. I understood that he needed to protect his host, but now he wants us to censor topics and clear our topic database because someone sent a report in. I keep telling him that where the server is located, the first amendment applies (free speech) and that he can't censor text, but he doesn't want to listen. Does anyone have any legal advice on what I should do here? I know this may seem like a strange request, but I haven't gotten any sleep and I can't risk losing any more data.

The only reason I'm still hosting with this guy is because he tolerates the "chan" culture and I don't want to go around searching for a host only to find out that it was a waste of time.

Thanks in advance. I really do appreciate it.

3 comments

[ 1.7 ms ] story [ 19.7 ms ] thread
benologist
You should leave them, chances are their margins are so slim they'll tell you to piss off anyway because it's not worth having to keep tabs on you especially if someone's complaining.

And check out www.nearlyfreespeech.net.

ceejayoz
> I keep telling him that where the server is located, the first amendment applies (free speech) and that he can't censor text, but he doesn't want to listen.

The First Amendment states "Congress shall make no law..."

Is the US Congress (or even any part of the US government) your web host? If not, why would you expect the First Amendment to apply?

epc
Your host isn't bound by the first amendment unless it's a US government entity (which I find extremely unlikely). The US First Amendment restricts government restrictions on speech, not private entities.

What you can do is register a DMCA claims agent (see http://www.copyright.gov/onlinesp/ ). The DMCA provides a "safe harbor" for web sites. If you have a registered DMCA agent, there's a set process for the agent (which may well be you from what I recall) to receive a takedown request (content, text, images) and a time period to respond. You in turn will need to take some sort of action.

If you don't have a DMCA registered agent you don't necessarily lose "safe harbor" but it's more difficult to block a service provider from just defaulting to removing content and/or sites.