this post was submitted on 25 Nov 2024
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[–] [email protected] 16 points 5 hours ago (2 children)

The commission cannot regulate Bluesky directly as it does not yet reach the threshold of more than 45mn monthly users in the EU to be designated a very large online platform.

So it’s a nothing burger and they’re not violating shit.

[–] [email protected] 9 points 4 hours ago (1 children)

That’s not correct. The FT has not explained this clearly.

If an online platform has more than 45 million monthly users (~10% of EU population) then it is classified as a Very Large Online Platform. In that case, the Commission can directly make rules for it.

If it has fewer users, then it is still regulated by the Digital Services Act (DSA). The DSA claims jurisdiction over all platforms that have users in the EU. Among other things, they need to have a representative in the EU (IIUC). FWIW I’m pretty sure that lemmy is not compliant either.

DSA: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065&qid=1732567528372

[–] [email protected] 5 points 2 hours ago (2 children)

Lemmy also doesn’t have a single owner. It would be crazy hard to comply if each instance had to have their own representative in the EU.

Or maybe since most Lemmy instances aren’t corporations it doesn’t matter? I bet only a lawyer could say for sure.

[–] [email protected] 3 points 2 hours ago

Instances that are established in the EU don't need a representative. Instances outside the EU don't really need to care. What's the EU going to do about it? (I am not fully certain if they are in scope, unless they particularly target people in the EU.)

I doubt the average lawyer would be able to say much. The DSA is not something 99.9% of them will ever encounter. Anyway, it does not matter if the service is run by a corporation or an individual.

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

I’m pretty sure that lemmy is not compliant either.

That statement proves either how little General_Effort is able to comprehend, or how bad they are at communicating. Either way, nobody should just take their word for anything.

[–] [email protected] 2 points 4 hours ago

They have to disclose MAU and they are not.

[–] [email protected] 6 points 5 hours ago (2 children)

“All platforms in the EU . . . have to have a dedicated page on their website where it says how many users they have in the EU and where they are legally established,” said commission spokesman Thomas Regnier. “This is not the case for Bluesky as of today. This is not followed.”

I sure hope this is not a platform.

[–] [email protected] 1 points 4 hours ago

It is, and I doubt it is compliant with the DSA (or the GDPR and whatever else).

[–] [email protected] 2 points 4 hours ago (1 children)

I don't think any Lemmy or Mbin instance has more that 45 million monthly active and users. So it doesn't matter.

[–] [email protected] 2 points 4 hours ago

And by the time I do, I would strongly agree on regulating them. If you have that many users you need accountability even if you're not evil.

[–] [email protected] -4 points 6 hours ago