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The UK’s new Online Safety Act law is extremely vague, extremely punitive, and has Fediverse operators Woof.group very worried —
Ofcom carefully avoided answering almost all of our questions. They declined to say whether ~185 users was a “significant number”. Several other participants in Ofcom’s livestreams also asked what a significant number meant. Every time, Ofcom responded obliquely: there are no numeric thresholds, a significant number could be “small”, Ofcom could target “a one-man band”, and providers are expected to have a robust justification for deciding they do not have a significant number of UK users. It is unclear how anyone could make a robust justification given this nebulous guidance. In their letter, Ofcom also declined to say whether non-commercial services have target markets, or whether pornography poses a “material risk of significant harm”. In short, we have no answer as to whether Woof.group or other Fediverse instances are likely to fall in scope of the OSA.
Do we block pre-emptively, or if and when Ofcom asks? This is the ethical question Woof.group’s team, like other community forums, have been wrestling with. Ofcom would certainly like sites to take action immediately. As Hoskings warned:
“Don’t wait until it’s too late. That’s the message. Once you do get the breach letter, that is when it is too late. The time doesn’t start ticking from then. The time is ticking from—for part five services, from January, part three from July.”
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