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Re:Mastodon.lol will shut down on May 9, 2023 by EMIRELADERO on Friday February 10, 2023 @08:20PM (#34748482)
That seems like it could possibly be a GDPR violation, couldn't it?
Re:Mastodon.lol will shut down on May 9, 2023 by sircastor on Friday February 10, 2023 @08:42PM (#34748666)
Is Mastodon.lol engaged in commercial or professional services? It may not be applicable.

This is an interesting intersection of services that aren’t necessarily a business. A lot of modern privacy laws are built around the idea that you’re making money from people, and stand to lose that income. I’m not sure that GDPR offers anything different.

Re:Mastodon.lol will shut down on May 9, 2023 by patapong on Friday February 10, 2023 @08:51PM (#34748726)
Here is the article defining the material scope of the GDPR: https://gdpr-info.eu/art-2-gdpr/

It does not seem to make any difference whether the service is engaged in commercial or professional services.

Re:Mastodon.lol will shut down on May 9, 2023 by ruined on Friday February 10, 2023 @08:23PM (#34748516)
you can download them, there's just no way to import them into your new account.
Re:Mastodon.lol will shut down on May 9, 2023 by EMIRELADERO on Friday February 10, 2023 @08:50PM (#34748718)
GDPR has data portability rights that include the right to ask the data controller to transmit your data to another, if "technically feasible".
Re:Mastodon.lol will shut down on May 9, 2023 by Gigachad on Friday February 10, 2023 @09:07PM (#34748842)
It's one sided. They only have to allow exporting. Either via a data dump file or a direct transfer to another service.

It's implied that the importing side will make this work on their own since they only benefit from allowing data imports to onboard new customers while the exporter is losing their customer.

Re:Mastodon.lol will shut down on May 9, 2023 by EMIRELADERO on Friday February 10, 2023 @10:28PM (#34749292)
There is no "either". The user has to have the ability to do both. See my reply to Jeremy's comment.
Re:Mastodon.lol will shut down on May 9, 2023 by jeremyjh on Friday February 10, 2023 @08:57PM (#34748776)
Exporting a json file is certainly transmitting the data.
Re:Mastodon.lol will shut down on May 9, 2023 by EMIRELADERO on Friday February 10, 2023 @09:27PM (#34748954)
That's a separate right.

Article 20, Section 1 states:

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided[...]

Separately, Article 2 states:

In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

Re:Mastodon.lol will shut down on May 9, 2023 by Messier43 on Saturday February 11, 2023 @03:11AM (#34750547)
Currently it's not technically feasible: https://github.com/mastodon/mastodon/issues/12423
Re:Mastodon.lol will shut down on May 9, 2023 by Linosaurus on Saturday February 11, 2023 @04:09AM (#34750769)
None of those say that the destination server is forced to import anything.

This part specifically mentions the controller you originally gave data to, but says nothing about whom you now want to import it to:

> without hindrance from the controller to which the personal data have been provided

Re:Mastodon.lol will shut down on May 9, 2023 by mariusor on Saturday February 11, 2023 @03:45AM (#34750676)
GDPR's tool for punishing transgressions is fines:

> For especially severe violations, listed in Art. 83(5) GDPR, the fine framework can be up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year, whichever is higher.

> “the concept of an undertaking encompasses every entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed”

These services have no economic activity whatsoever, or if they do it's in the forms of donations to keep the lights on. Who do you propose that the GDPR hammer strikes?

Re:Mastodon.lol will shut down on May 9, 2023 by luckylion on Friday February 10, 2023 @08:23PM (#34748511)
Because of the other person's messages becoming readable to a third party (the admin of the new server)?

Interesting question. Would it be?

Re:Mastodon.lol will shut down on May 9, 2023 by polio on Friday February 10, 2023 @08:35PM (#34748610)
I mean it seems like the "Mastodon protocol" could just specify that admins should have no expectation of privacy when they communicate in their official capacity. I'd expect the protocol to eventually support account migrations to allow for the best user experience, resilient to the caprices of power-tripping moderators or just badly run servers.
Re:Mastodon.lol will shut down on May 9, 2023 by luckylion on Friday February 10, 2023 @08:49PM (#34748712)
I don't know the system at all, but aren't the DMs between regular users (or at least also)? Like, you and me are on mastodon.example.org and I'm sending you a message. I can read it (in my sent messages), you can read it (in your inbox) and the admin of that server can read it. But we both agreed to that by signing up to that service.

If I now move to mastodon.example.com and somehow migrate my messages, that server's admin would be able to read them, but you never consented to them having access to (part of) your private messages.

It's similar to email, but we tend to put high requirements on running an email server (concerning data / privacy). I have no idea how that works out on Mastodon, whether it's closer to email or closer to Twitter DMs. E2E messages would probably be best, but then you make it harder for yourself to combat spam and harassment, I assume.

Re:Mastodon.lol will shut down on May 9, 2023 by lapcat on Friday February 10, 2023 @08:57PM (#34748770)
> But we both agreed to that by signing up to that service.

> If I now move to mastodon.example.com and somehow migrate my messages, that server's admin would be able to read them, but you never consented to them having access to (part of) your private messages.

Why do you think there's consent in the first case but not the second case? You voluntarily choose your new instance just as much as you did your old instance.

Re:Mastodon.lol will shut down on May 9, 2023 by luckylion on Friday February 10, 2023 @09:02PM (#34748815)
> Why do you think there's consent in the first case but not the second case? You voluntarily choose your new instance just as much as you did your old instance.

I choose it, but you didn't, and if I migrate private messages exchanged between us, that would affect your personal information.

Just migrating my public posts will not be an issue. I don't know if private messages would be. §20 states in 4 "The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others."

Re:Mastodon.lol will shut down on May 9, 2023 by lapcat on Friday February 10, 2023 @09:12PM (#34748880)
Well, to be clear, whenever you send or receive a DM, the admins of both instances can read them. Do people who send DMs even pay attention to who is the admin of the receiver's instance? Probably not.

Anyway, the ability to import public posts would be a big improvement.

Re:Mastodon.lol will shut down on May 9, 2023 by EMIRELADERO on Friday February 10, 2023 @08:50PM (#34748724)
No, because of data portability rights. https://gdpr-info.eu/art-20-gdpr/
Re:Mastodon.lol will shut down on May 9, 2023 by duckmysick on Saturday February 11, 2023 @05:00AM (#34750968)
Who should we report then? The instance owner or the protocol developers?