Best Way To Host Free Speech

Apr 10, 2009

What is the best way to host sites with controversial but borderline legal content?

In the USA, although there is some free speech protection from the 1st amendment, the threat of lawsuits defeats it and the businesses err on the side of caution.

I don't mean abuse either, like selling pirated software or allowing spammers to flood people. I mean, actual valuable speech that is legal, but upsets people.

The USA datacenters suspend accounts and disconnect servers all the time over this. All it takes are either lots of complaints to the abuse team, or scary legal letters.

This makes it impossible for people with unpopular beliefs to share them or expose powerful people for their fraud since they can easily scare the host into censoring.

So how can we provide actual free speech hosting? When I get a dedicated server or colocate in a datacenter I'm under their TOS and AUP. I read them, and it seems good.

But then abuse gets complaints from people. If they're a good host they'll look into it and dismiss the ones that don't have legal merit. But the complaints keep coming.

Finally it reaches a point where they're sick of seeing complaints for your servers, or one of the lawyer's letters sounds scary and legit so they give up and terminate.

The way it should be is, they tell them to email us instead, NOT the datacenter. "We aren't liable for the content hosted we just provide the facility, contact the client".

But they don't do that. They act as police. Well that'd be fine and good for the network if they were good police. But they don't know the law in detail and aren't judges.

So I don't know how to exercise the free speech rights of my customers who want to have a place on the web to say controversial things or post upsetting information.

Does anyone have any ideas?

Some things I'm thinking about are, offshore, mirrors, or ISP.

For offshore, maybe there is some place where people don't threaten to sue like the USA, and the Americans can't bully the datacenter. If they have free speech rights it might work.

For mirrors, maybe there's a way to link a bunch of shared hosting accounts into a central dedicated server that pushes content out to them, so when the server is pulled the rest stays.

For ISP, maybe datacenters are legally liable so we need to go higher. What if we got regular Business internet from AT&T or Verizon and hosted in an office? Will they still suspend?

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