Absolutely brain-dead speculation based on literally nothing. Complicit in what??? The current owner is a very public figure, so they gain nothing and have everything to lose. It’s just pure incompetence and mismanagement.
Speaking from experience, they could fix their spam and abuse woes very easily by just closing new signups or restricting it in some way. Simplest would be invite-only (built-in feature of Mastodon), or restrict the signups page based on IP range whitelist/blacklist.
EDIT: Their domain has been reinstated, and they disabled open signups. New registrations now require moderator approval https://pawoo.net/@pawoo_support/111249170584706318
:pawoo: Announcement! Thank you for always using Pawoo. Due to server congestion, new registrations will now require approval by a moderator. Thank you very much for your cooperation.
How have you determined these communities are no longer a legal concern?
The lack of an ability to prevent someone from doing something to you, without compromises on your part, is not the same thing as being okay with it being done to you.
3rd party services can access the posts, because the authors marked them as publicly accessible.
Those same 3rd party services can also index the posts in a search engine, but this is only because there is no feasible technological barrier to prevent them from doing so. If such an imaginary technology did exist, it would have been deployed already.
In the mean time, we can only count on a social solution, which is to merely signal our objections to search engine indexing, in the hope that maybe a law could be drafted that uses that as precedent to make indexing without consent illegal.
Here’s a question for you. Do you think it’s okay for Google or whoever to install invisible cameras everywhere in public spaces, that were explicitly for the purpose of collecting data to develop a facial recognition model to search people without their consent? Public space is public space …
You’re conflating tagging a post as public so that it is publicly accessible as being the same thing as consenting to being indexed in a search engine.
Google and Bing’s crawlers can find and index Unlisted posts just as easily as any other.
Just because there are 3rd-party search engines that don’t respect people’s privacy, doesn’t mean that a 1st party search engine should follow their example.
Spam has consistently been the death of the open internet, even the big tech silos struggle with spam (Instagram for example – despite having incredibly invasive techniques for identifying “genuine” users – is STILL inundated with spam commenters). I think instances on the fediverse should reconsider their open registration policy, either totally close registrations when you reach an agreed upon critical mass of users, or adopt some form of invitation or application system for new users. I believe Mastodon supports both in the software.
See my other comment examining where the top 10 instances by userbase get their funding from and how well they’re doing
Not to mention that over the years there have been a lot of instances that have gotten into a variety of precarious situations that could have been avoided or alleviated if they had a lot more money.