Feddit.org announced today that they are changing their rules to match German law despite their server not being hosted in Germany.
Feddit.org now bans
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The sentence “From the river to the sea, Palestine will be free”
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Comparing Israel to the Nazis
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Calls to end Zionism
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Calling for the dissolution of Israel
And much more. The full original post can be found here, or
Click here for full text of original post:
Hi.
In the past few days, discontent regarding mod decisions in this community has been brewing, particularly when it comes to comments on Palestine, Israel, and Israeli politics and actions. There are also misunderstandings regarding mod intention and German law. We hope to clear that up with this post.
While the servers of feddit.org are in Austria, most of the mods of this community as well as admins of this server live in Germany. Speaking of, our server admins have also posted a write-up on the same topic.
And with that, let’s go:
In Germany, antisemitism is specifically sanctioned in German criminal law, both for speech and as a motivation for other criminal behavior. In addition, Germany seeks to protect the Jewish state of Israel (the so-called “Reason of State” introduced in 2008) and thus verges toward protecting Zionism as well. Certain criticism of Israel/Israelis is also categorized as “Israel-related antisemitism”.
Since criminal law is involved, enforcement can mean things like police raids and device confiscations. After such police action, it does not really matter if it was appropriate or if cases are dropped or never charged: The damage is done. All told, it’s not that fun.
There is also no point in engaging in discussions about the veracity of statements that could get us into legal trouble. In addition, we believe that you can express most opinions without breaking rules.
If your comment contains the following, it will be removed from this community:
- Calling for the dissolution of Israel, or calling for a one-state solution without specifying equal rights for all people; Jewish in particular.
- Calling for a destruction, annihilation, an end of all Zionism or the like.
- Equating Israeli actions and (historical) Nazism.
- The slogan “from the river…”
- Endorsement of or justifications for Hamas or Hezbollah, or slogans or graphics positively referring to these organizations. These are considered terrorist organizations in Germany.
- … and obviously: Any of the common antisemitic tropes or calls to violence against Jews or Israelis
Comments will not be removed for the following:
- Denouncing genocide.
- Denouncing Israeli war crimes.
- Criticizing Zionism as an ideology or political movement.
- Referring to the current Israeli government as “criminal,” “expansionist,” or “far-right”.
If your comment is removed nonetheless, these are not the reason. I’d also like to stress that this community was never a free-speech-absolutist zone: It is a (usually lightly) moderated community. There may also be times when bans go too far. In such cases, please DM the @[email protected] account (which all mods have access to).
To help you understand why, I'll leave an assortment of sources here (translations via DeepL).
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Berlin in mid-May [2024] around 6 o’clock in the morning. A loud, continuous “banging” against the apartment door wakes student Alina T. from her sleep. […] When her husband opens the door, several LKA officers, two employees of the district office and the SEK “storm” past him into the apartment. Puzzled, he looks at the search warrant. […] The background to this was a Facebook entry in the student’s profile: "From the river […]
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In November 2023, the Federal Ministry of the Interior and for Home Affairs also issued a prohibition order against Hamas.[60] According to the order, “the slogan ‘From the River to the Sea’ (in German or other languages)” is a distinguishing mark of Hamas[61]. […] the current legal situation [regarding “Denial of Israel’s right to exist”] is - contrary to what the statements of the Federal Ministry of Justice suggest[63] - anything but clear. Whether incitements to eliminate the State of Israel are prosecuted depends on the respective legal opinion and the prosecution will of the respective public prosecutor’s office.
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Press release from the previous government:
In this context, Section 111 StGB, which covers public incitement to commit crimes, may also be relevant. Incitement to extinguish Israel’s existence by force may be punishable under this provision. The same applies to calls to publicly display the Hamas flag. If Hamas attacks are publicly cheered and celebrated, this may also be punishable. This means that people who cheer on Hamas’s actions or publicly express their sympathy with the attacks may constitute the criminal offence of “approval of criminal acts” under Section 140 of the German Criminal Code (StGB).
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In connection with the controversial Palestine Congress in Berlin, the German authorities have also imposed an entry ban on former Greek finance minister Yanis Varoufakis. “In order to prevent antisemitic and anti-Israel propaganda at the event”, several entry bans have been issued, the news agency AFP learned from security sources on Sunday. One of these concerned Varoufakis. (Notably, Varoufakis would have spoken about one-state solutions …)
federal reverse (on behalf of the mods of !europe)
Not really.
You can’t become anonymous and retain site ownership. The site would’ve needed to be shut down and a new, somehow completely unrelated site would have to be started.
Besides, even if that were done you bet your ass a random German lawyer would immediately sue the new site for violating Impressumspflicht. That’s one quick way to get the police investigating your site. Your OPSEC better be close to “hosting an illegal streaming site” level.
Even German forums about piracy would rather have an impress and remove illegal content than remain anonymous and evade police - see tarnkappe.info.
I’d argue every small social site should run on the principal that they will be prosecuted like an illegal streaming site. You can divest yourself of liability and doxing with basic opsec.
An example: host on 1984.hosting and pay with mined or donated Monero. Only access the site through a computer specifically for that purpose, and only with Tor / Tor Browser and a Linux distro such as Qubes, Tails, or less suspiciously, Fedora Atomic. Memorize credentials if possible, if not encrypt them on drive with a strong password via a keepassxc databases. If you are hosting the site properly, you can transfer the site podman/docker container and url with databases and info intact with no effort. Make sure the computer for managing site management stuff wipes itself on every shutdown sans credential info, has secureboot, and an encrypted drive. As an admin account, only access the site through base Mullvad Browser with a VPN (ideally Mullvad) or Tor Browser on a computer of your choosing.
You can easily say the site is no longer yours and your payment information will reflect this. This has been done before. Germany can ban the site but it’ll be easily discoverable through other fediverse servers, Tor, and VPNs. They would have to ban anything that uses acitivitypub, and again, even in that scenario you can use a VPN or Tor or self host a vps with the instructions above to access it normally anyways.
Simultaneously, you lose all rights to the site and risk a hostile takeover with no possible recourse.
It’s also significantly more effort to retain this level of anonymity from a state actor. I don’t even think there’s a single Lemmy instance which follows all those steps.
The thing is, as of right now German censorship doesn’t warrant this. Yes, it sucks you cannot freely speak about Israel. But frankly, since it only requires you to adjust your wording minimally without changing the message (“Israel should be destroyed” => “I support a one state solution where everyone in current-day Israel and Palestine can live freely, similar to how South Africa abolished apartheid.”) it’s really not worth it.
Should Germany turn fascist and ban all opposition, it is too late for feddit.org and their moderators anyways. If Germany doesn’t, feddit will be fine like this and reduce the strictness of these rules as German sentiment towards Israel slowly worsens over the coming years.
Hostile takeover? Not if you don’t share credentials. The passwords and so on should be random and encrypted.
And yes, if Germany is going to execute you for potentially hosting a small social site that occasionally could criticize Israel you’ve got bigger problems and should choose to fight or flee.
Sorry, I meant either confiscation of the domain or the server provider deciding to take everything down. The latter can be mitigated with backups but it will nevertheless result in long downtimes.
There’s generally no legal recourse or protection if any instance involved in hosting the site decides to break contracts. This sort of uncertainty sucks and has to be taken into consideration.
Confiscation of the domain isn’t a big deal. As I’ve already said, there are many anonymous hosting providers that have been tested on the Israel issue and came out the other side. 1984 is one, ADL served them an injunction in court in Iceland and 1984 was successful in fighting it and also avoiding divulging any info about activists.
If you wanted to it’s also possible to proxy server traffic so that the main server is never divulged which makes it very easy to swap domain names and providers. I consider this overkill for this use case though, would be necessary on a streaming site or something, though that should be hosted in Russia to avoid issues anyways, Russia essentially allows for the piracy of non Russian data.