Ask HN: Can I get some advice on how I should handle this hosting situation?

ceejayoz · on July 10, 2011

> I keep telling him that where the server is located, the first amendment applies (free speech) and that he can't censor text, but he doesn't want to listen.

The First Amendment states "Congress shall make no law..."

Is the US Congress (or even any part of the US government) your web host? If not, why would you expect the First Amendment to apply?

benologist · on July 10, 2011

You should leave them, chances are their margins are so slim they'll tell you to piss off anyway because it's not worth having to keep tabs on you especially if someone's complaining.

And check out www.nearlyfreespeech.net.

epc · on July 10, 2011

Your host isn't bound by the first amendment unless it's a US government entity (which I find extremely unlikely). The US First Amendment restricts government restrictions on speech, not private entities.

What you can do is register a DMCA claims agent (see http://www.copyright.gov/onlinesp/ ). The DMCA provides a "safe harbor" for web sites. If you have a registered DMCA agent, there's a set process for the agent (which may well be you from what I recall) to receive a takedown request (content, text, images) and a time period to respond. You in turn will need to take some sort of action.

If you don't have a DMCA registered agent you don't necessarily lose "safe harbor" but it's more difficult to block a service provider from just defaulting to removing content and/or sites.