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Discord says piracy subpoena would violate users’ First Amendment rights (www.theverge.com)

submitted 2 months ago by [email protected] to c/[email protected]

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Discord defends itself against efforts to stop piracy on its platform by saying no to more invasive data collection. Even though Discord isn’t exactly known for privacy, this is a great move for its users. What are your thoughts?

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[–] sugar_in_your_tea 4 points 2 months ago

I'm not exactly clear on the legal structure for digital platforms, but if you're physically in the US, you have first amendment protections, regardless of citizenship or residency status. So as long as your group has some US persons in it, you should benefit from their first amendment protections. That said, the first amendment (and fourth, which is about unlawful searches) only applies to governments, so the service you use needs to refuse to hand over data for it to matter at all.

It's kind of like people in the US (e.g. me) benefiting from European GDPR protections. Some sites I use now have the option of demanding my deata be deleted, and many sites have cookie preferences, none of which are required in my area.

That said, I definitely trust technological measures more than legal ones. So I don't use Discord, because I don't trust their technological protections. Ideally, Discord wouldn't have any data to give up, and therefore there wouldn't be a choice here, they would have no data to give up.