Content Removal Policy

DCurrent

Site Owner, OpenBOR Project Leader
Staff member
From time to time, I get requests to delete member posts. These usually come from upset individuals - sometimes with threats attached - but occasionally there are legitimate reasons behind them. Given that, I want to clarify our approach to deletion requests on ChronoCrash.

Members do not have the ability to hard-delete anything from the forum. That’s intentional. ChronoCrash keeps a historical archive of all post edits to preserve context and continuity. Editing a post to erase its contents won’t remove it from the system - and depending on the circumstances, may lead to sanctions.

Requests from banned members or individuals looking to retaliate are unlikely to be considered. Other requests are reviewed on a case-by-case basis, with decisions based on the broader impact on the forum and its community. As a rule, we avoid deleting content. Post deletions break thread continuity, undermine shared discussions, and—especially when it involves shared resources—go against the purpose of the forum. Bulk deletion of a member's posts is even less likely unless we determine the content is actively harmful. When removals do happen, we use a soft-delete process so the material can be restored if needed.

What about the GDPR? “You have to delete my data!”

Actually, no - we don’t. ChronoCrash is owned and operated in the United States. Based on legal precedent set in Garcia v. Google, Inc. (2016), U.S.-based platforms are not required to remove user-submitted content upon request.

ChronoCrash does not fall under the jurisdiction of the EU’s General Data Protection Regulation (GDPR), because it is not a European entity and no U.S. regulatory bodies currently enforce GDPR rules domestically. While we do have users from Europe and elsewhere, they join voluntarily - we do not market to any region. The only mechanisms available to foreign governments would be blocking access to the forum or pursuing legal action in U.S. courts. The former is unfortunate but manageable. The latter is unlikely to succeed, given that ChronoCrash is transparent about its limited data use and does not engage in targeted data collection.

Even under GDPR, there is no requirement to delete user content that is essential to a service’s operation. Forum posts fall squarely into that category. Once content is submitted, it becomes part of the site and is handled at the discretion of ChronoCrash. Deletion is not a user right in this context, except where specific intellectual property protections under U.S. copyright law may apply.

More Info: Why GDPR and Similar Laws Don’t Apply to ChronoCrash

ChronoCrash does not fall under the scope of the EU General Data Protection Regulation (GDPR), and here's why - based directly on the regulation itself:

1.​

ChronoCrash is owned and operated entirely in the United States. We have no business presence, representatives, offices, or infrastructure in the European Union.
According to Article 3(1) of the GDPR, the regulation applies only to organizations with an “establishment in the Union.” This does not apply to ChronoCrash.

"This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union."

2.​

ChronoCrash does not advertise, market, or tailor its services specifically to people in the EU. We do not localize the forum for EU languages, do not price or promote services for any region, and do not make the platform available in a way that implies commercial outreach to EU residents.

Article 3(2)(a) of the GDPR limits its application to services that intentionally “offer goods or services” to people in the EU. ChronoCrash is an open community forum—not a commercial service - and our user base is voluntary and global. Simply being accessible from the EU is not the same as targeting.

"This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller...where the processing activities are related to: (a) the offering of goods or services...to such data subjects in the Union."

3.​

ChronoCrash uses cookies solely for core forum functionality - such as login sessions, post submission, and site preferences. We do not use cookies for analytics, advertising, third-party tracking, or data profiling.

Under the ePrivacy Directive, which governs cookie use in the EU, consent is only required for non-essential cookies. Operational cookies are exempt when they are “strictly necessary” to deliver the service.

"Consent is not required for cookies that are strictly necessary in order to provide an information society service explicitly requested by the subscriber or user."
(ePrivacy Directive Recital 66)

4.​

Forum posts are user-generated content that becomes part of a public conversation, archived for the benefit of the community. Once posted, this material is no longer personal data in the sense of private or identifiable information subject to erasure rights. Article 17 of the GDPR (Right to Erasure) does not apply where data is necessary for service functionality, public interest, or freedom of expression.

"The right to erasure shall not apply to the extent that processing is necessary for...exercising the right of freedom of expression and information...or for the establishment, exercise or defence of legal claims."
(Article 17(3))



Summary​


ChronoCrash does not fall within the territorial scope of the GDPR. We do not process personal data in the EU, do not target EU users, do not use data for profiling or commercial gain, and do not rely on consent-based data models. Forum posts are collaborative public contributions, not private records subject to deletion upon request. Our policies reflect this and remain fully compliant with U.S. law.

If an EU authority were to issue a takedown request, we would treat it the same way any U.S. platform would treat a foreign demand with no enforceable jurisdiction - respectfully noted, but not acted upon.

That said, there’s always room for special cases. If you have questions, feel free to ask - I’m happy to discuss.

References​

Garcia v. google, inc.. Harvard Law Review. (2016, April 8). Retrieved December 17, 2021, from Garcia v. Google, Inc.
 
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