michael

theATL.social LLC Establishment FAQ

(References to “me” or “I” refer to Michael (@michael/@admin)

Additional questions, thoughts, or concerns? Ask away in this post and I'll be glad to answer

1. Why are you forming an LLC?

• To ensure the sustainable operation of theATL.social for as long as users want to use its services.
• To limit my personal financial and legal liability from operating and funding theATL.social services.
• To consolidate theATL.social resources under a single legal umbrella and de-aggregate those resources from my personal financial and infrastructure investments.
• To establish the ability for theATL.social to establish a bank account, enter into contracts, to purchase services as an independent entity, and not in my personal capacity.

2. What will be the impact of the LLC on day-to-day operations of theATL.social?

• The ultimate impact will be to ensure the sustainable operations of this instance as long as users want to use (and fund) it.
• In the next couple of weeks, the OpenCollective fiscal host will shift to the LLC, and other resources related to theATL.social will similarly indicate LLC ownership.
• No other negative operational impacts are expected, but some additional happy feature announcements coming soon!

3. Why did you not choose to establish a 501(c)(3) Non-Profit instead of an LLC:

• The administrative, reporting, and regulatory requirements for the establishment and operation of a 501(c)(3) were beyond the time and personal resources at hand: specifically, the need for a legal advisor and an accountant/bookkeeper. Also, while the State of Georgia does allow the establishment of a non-profit with only one Board member, for practical purposes, additional people would be needed to serve on the Board in a fiduciary capacity.
• Under the IRS regulations governing 501(c)(3) organizations, the ability of those organizations to engage in partisan political speech is restricted. Although theATL.social is obviously not a partisan political organization, I and potential board members could choose to engage in that speech in a manner that could be interpreted as an opinion of the organization. I have found, from my work in other organizations, that the “policing” of speech is a contentious and stressful endeavor. And opponents or detractors of theATL.social could engage in retaliatory behavior on the basis of the organizations’ leaders’ speech.
• The administrative and regulatory requirements for LLCs in Georgia are very simple, and other than taxes and a business license, comprise only an annual renewal.

4. Why did you not establish a Public Benefit Corporation, Cooperative, or similar Corporate Structure?

• Each of the above corporate structures requires a substantial administrative, regulatory, and financial reporting burden. Compliance with those corporate structures, for practical purposes, requires legal and accounting advisory services.
• Each of those structures also requires a set of individuals willing to serve on a Board in a fiduciary capacity, meaning that those individuals jointly hold legal and financial responsibility for the organization's operation. From multiple informal queries, there was no interest from the current set of theATL.social users or participants to serve in this role.
• The administrative and regulatory requirements for LLCs in Georgia are very simple and other than taxes and a business license, comprise only of an annual renewal.

5. Are you starting the LLC for personal financial gains, profit, or motive?

• No. At present, theATL.social is almost breaking even, not including my personal labor and the labor of others towards the operation of the instance. I do not intend or expect this LLC to provide a source of income above and beyond expenses for the time being, nor do I intend to pay myself for the operation of the instance.
• In the event that theATL.social receives enough funds and is engaged in enough activity such that operating the instance becomes a full- or part-time job for myself or future employees or contractors of the LLC, compensation proportional to work provided may be considered. Any compensation will be fully disclosed via an OpenCollective expense.

6. Does this mean you will start charging people to use theATL.social?

• No. I do not plan to charge people to use theATL.social. There may be some “freemium”-type services above-and-beyond what is offered in the core Mastodon or Lemmy software packages offered to contributors, but all core services will continue to be open to all.

7. Would you consider changing the legal structure of theATL.social in the future?

• Yes. Circumstances change, and additional funds or additional individuals with an interest to put time and resources into a more appropriate structure could require a re-evaluation of the existing legal structure.

8. If you are now for-profit, is a contribution a purchase? Or, what’s going on?

• theATL.social will functionally operate as a business that sells no products but does receive and solicit voluntary monetary contributions (well, “tips”) to operate the site and to provide site services to others.

9. How will you ensure transparency in governance, process, and trust and safety?

• With the establishment of the LLC, an operating agreement will be established. For LLCs, the agreement is typically an internal document that details day-to-day operations of the business. - Although this document is not required to be filed with the State of GA’s Secretary of State, this document is valid for legal purposes. I intend to both make public relevant sections of this agreement and utilize this agreement to establish advisory committees and procedures viewable by all users.
• Included in this agreement will be a re-written Privacy Policy, on which I would look forward to working with users to develop.

10. What if someone wants to buy the LLC? What happens if Michael doesn’t want to operate the service any more, or gets “hit by a bus”?

• I intend to establish procedures in the operating agreement to address parameters for the transfer of theATL.social’s assets in the event that I am unable or unwilling to continue operating the site.

Greetings!

This post will be the first in a series of ongoing financial reports for theATL.social's services, which primarily include theATL.social (Mastodon) and yall.theATL.social (Lemmy) sites.

But first, thank you 🤗 to the contributors that fund operations of theATL.social. Without you, the services provided on these sites would not be possible.

To establish or change your contribution, visit the OpenCollective contributions site

Expenses this month totaled $231.02, an increase from last month's $197.46. The increase was due to an upgrade in specs for the Mastodon API Server, the server costs for the Lemmy Server (currently housed on only one server), and a $10 Patreon donation to the Mastodon organization.

Pledged Contributions (net of Stripe processing fees) are $148.98, for a monthly deficit of -$82.04.

Additional contributions to make up for this deficit are greatly appreciated! Even a $5/month contribution can make a difference.

On the server costs, they're too damn high. I've tried running lower spec-ed servers, but doing so was resulting in multiple multi-minute outages per day when the Mastodon API was unable to manage temporary increases in traffic. Glad to answer any questions on this.

I have seen some promising 100% compatible Mastodon forks and API implementions that address the relatively high computing overhead needed to operate a Mastodon instance. Although none are immediately implementable, the development direction is trending positively.

And in any event, the upcoming version 4.2.0 of Matodon utilizes Ruby 3.0, whose improvements vis-a-vis Ruby 2.x should allow the de-scaling of servers, based on dramatic improvements in Ruby on Rails efficiencies.

Comments? Questions? Feel free to ask away in the thread below!

Greetings, /c/Atlanta at Lemmy.world!

If it interests you, yall.theatl.social is a Lemmy server just for Atlanta. Popular communities include /c/AtlantaNews and, /c/AtlantaUnited, and well, /c/Atlanta.

If you're interested in a Mastodon instance focusing on Atlanta, feel free to visit the companion site theATL.social, a Mastodon instance.

And on yall.theATL.social, feel free to create any community that you'd like to have - sensible server rules not withstanding, of course.

Enjoy!

Greetings,

Based on user feedback and the importance of preventing illegal content, theATL.social (Mastodon) will utilize the Oliphant "Tier 0" block list, which represents the consensus block lists of 60-80% of Mastodon Instances.

The domain block list will be applied to Lemmy in the next day or so.

Of the instances on the block list, there are some with which theATL.social users have followed users, posts, etc. The list of those domains is here:

• shitposter.club
• raspberrypi.social
• qoto.org
• press.coop
• obo.sh
• noagendasocial.com
• newsie.social
• mstdn.jp
• mastodong.lol
• mastodon.se
• masthead.social
• liberdon.com
• feral.cafe
• femboys.love
• cryptodon.lol
• blob.cat
• berserker.town
• bae.st
• abestos.cafe

Barring any immediate or urgent reasons, these domains will remain for at least 2 weeks fromt the date of this post. If users wish to keep these domains off the block list, they may reach out to me. Otherwise, these domains will be blocked at that time.

...or if someone has a reason why these domains should be blocked immediately, please let me know.

Hi theATL.social (Mastodon) and yall.theATL.social (Lemmy) friends. Your friendly admin, @michael, here.

Currently, theATL.social blocks two domains from federation but does not utilize any block lists. the Lemmy yall.theATL.social does not block any domains.

My general admin philosophy is to let users decide what content they want to see, or not see. However, the Mastodon UI can make the adding/removing of domain block lists a bit tedious. (There are some tech/UI-related options to make this easier.)

On the other hand, I am personally not a free speech absolutist, and there are limits to what content could/should be relayed through theATL.social's servers.

For example, illegal content, instances dedicated solely to hate speech/harassment, etc. To that end, the Oliphant Tier 0 block list offers a "floor" to remove literally the worst instances operating on the Fediverse: https://codeberg.org/oliphant/blocklists/src/branch/main/blocklists

As your admin, I don't want to make any unilateral decisions - rather, I'd prefer a user/stakeholder conversation, with as many Q&As as helpful.

With that intro, let me know your thoughts:

The TL;DR:

• For financial, legal, and practical reasons, theATL.social needs to move into a legal structure.
• With the current donors and donations, plans need to be shared sooner-than-later.
• While a non-profit is preferred, a for-profit LLC is the least expensive and least complicated structure.
• Financial records will be maintained on OpenCollective, intending to convert/transfer assets into a non-profit or other shared governance model when there is the interest and capacity to do so.

The Details

With the Open Collective donations contributions ramping up (thank you, donors!), Sharing the current pathway for establishing a legal structure for theATL.social would be appropriate as funds are being contributed.

First, what's the status quo?

Michael (me) operates theATL.social services in my capacity as an individual. This means that any income I receive from the site can be taxed as personal income, any services I purchase from vendors are done under my name, and there is no legal separation between theATL.social and, well, me.

This arrangement was fine when the site operated as a small hobby project. When theATL.social was started, I was still determining if the site would be used months later.

However, six months later, with a target fundraising goal of $200/month, expansion of services offered, and level of user engagement, it's time to begin the legal structure discussions.

A 501(c)(3) status (a non-profit) is my primary preference for the legal structure. This setup would require, however, a Board of Directors willing to take on fiduciary responsibility, fundraising, and compliance with laws and regulations associated with non-profits. An accountant and bookkeeper would also be required to ensure records are maintained consistent with rules from Federal, State, and Local authorities.

I was chatting with the core membership of theATL.social, while there is interest in pursuing non-profit status, personal time and resources are unavailable to begin that process.

Instead of a non-profit, the most simple and least expensive legal structure under which theATL.social could be established is as a sole proprietorship Limited Liability Company (LLC). Under this arrangement, I can establish a bank account into which contributions may be contributed and expenses deducted, and my legal liability is limited.

An LLC is, by definition, a for-profit legal structure. It would be my intent, however, to operate the LLC in a manner where contributions directly fund expenses and any excess profits utilized for the benefit of theATL.social. While the LLC would not legally mandate that I follow those strictures, through the use of OpenCollective, I intend to provide the maximum degree possible on financial transactions.

Some costs (~$350) are also associated with an LLC, whose expenses would be posted to OpenCollective. These expenses include filings, business licenses, etc.

In time, should theATL.social continue its current growth pathway, I prefer to move to a shared fiduciary governance model. When that time arrives, I look forward to transferring assets from the LLC to the non-profit or converting the non-profit to an LLC.

There are a few additional items on which I would like to write, but this post is long enough for now!

Thoughts, questions, comments, or concerns? Feel free to comment in this post!

Reflects the current services offered, how to contribute to the server, and updated standards and practices.

Feel free to add any questions or comments here!

If anyone is interested in contributing a new logo for yall.theatl.social, I'd look forward to posting it as the primary graphic for this Lemmy instance.

I'm not terribly handy with Illustrator/Photoshop, so any creative contributions would be much appreciated.

And, I would be glad to add a reimbursement on OpenCollective to make note of the financial value of the contribution, which would be funded when funds are available.

Notes on the Future of theATL.social: Financial Stability

TL;DR:

• Thank you, donors! ❤️
• Contributions need to match expenses - goal of August 31, 2023
• $2 per active user (per month) brings us to sustainability.
• All expenses now posted to OpenCollective
• OpenCollective is requested for use for future donations.

First, I want to acknowledge the donors who collectively have contributed nearly $500 via Patreon since theATL.social was established. Those donations have directly supported the operations of the instance. Thank you! 🤗

However, theATL.social has been running at a loss since the site was established. While this cost was sustainable in the short term, as we've reached the six-month anniversary of the instance, a pathway toward financial stability needs to be established.

Currently, expenses are at ~$200/month, and donations are running $74/month.

The good news: small donations can easily help achieve financial stability with our current active user count. With our current approx. 120 active users, only $2 per user would completely cover costs. (The $2 reflects an additional amount needed to cover taxes on contributions.)

The bad news: if financial stability is not achieved or is otherwise impossible, then it is inevitable that operations of theATL.social would need to be transferred or, as the absolute last resort, wound down.

With this request also comes transparency: starting this June, all invoices for theATL.social costs are now posted to OpenCollective. All future invoices will also be posted to OpenCollective - and through that site, contributions may be collected.

➡️ If theATL.social users have ideas, opportunities, discounts, or questions about the items in the invoices, please feel free to ask in yall.theatl.social!

(Current Patreon donors may continue their donations on that site; however, OpenCollective provides a lower-cost fee structure, as compared to Patreon.)

With a goal of reaching financial sustainability by August 31, 2023 - your contributions to help reach this goal are greatly appreciated.

Over the next 60 days, I'll keep our subscriber and monthly donation count up-to-date as we reach our Aug 31 goal!

Up next in the next note: next steps on the legal structure for theATL.social.

This is a post from theATL.social mastodon admin:

TL;DR:

• A Mastodon server's data in the US was seized by law enforcement due to actions of a server admin. theATL.social users are reminded that no presumption of privacy regarding their content should be made.
• In the event that such a situation occurs, theATL.social must comply with any lawful request for information from law enforcement in the United States and State of Georgia.

Recent news in the Mastodon-universe reported that an instance's (kolectiva.social) backups and equipment were seized by law enforcement in the US (see attached URL). The instance in question noted that their backups were not encrypted and thus announced both the seizure and that data on all server activity was now being reviewed and analyzed by law enforcement.

It is important for all theATL.social users to be aware that with the exception of personal data, login information, and passwords, content (including DMs) posted to the instance should be considered as public information. In otherwords, there is no expectation of privacy when you post content, pictures, or data to yall.theatl.social or theatl.social.

If any Mastodon server is located in the United States, they too are bound by the laws of the United States and their respective State. Moreover, the nature of the Mastodon service on the Fediverse results in content being duplicated on servers across the world.

Once you put information on the internet, that information cannot be deleted or removed. Ever.

While under Section 230, I (@michael) am not responsible for content posted on theATL.social, that law does not curtail any lawful requests from law enforcement to me, regarding information contained on theATL.social's servers.

The server rules' prohibitions against violence (or advocacy of violence) and against illegal activity in the State of Georgia and the United States (or advocacy of such activity) are intended to both ensure civil conversation and interactions, and to not create serious situations through which law enforcement is compelled to intervene.

theATL.social provides a wide berth for people to interact and discuss their viewpoints across a wide spectrum of political, personal and ideological beliefs. This is a good thing. There have been some very intense conversations about policies and politics in Atlanta of which I was proud to host on the instance.

With that in mind, however, all users are responsible for their own content and no user should assume absolute anonymity or privacy regarding their communiciations.

Greetings - for information, news, and announcements related to the theATL.social Mastodon Instance, this community will be used to post this information. Going forward, this community will also be used in lieu of substack.

Although anyone may post on this group, only posts from @[email protected] are "official" posts. Anyone may comment on any posts.

I want to announce this on /r/Atlanta, but I know for sure the mods will squash the post. Mentioning the theATL.social mastodon site on /r/Atlanta apparently got me shaddowbanned 🫠

Any ideas or other subreddits where there would be a more pleasant reception?