Why Discord content spreads quickly

Discord servers can host private NCII trading communities behind invite walls. Server bots can mass post images across channels, and image links survive even when messages are deleted because of CDN caching.

Mexico legal framework

Ley Olimpia (federal reform of 2021 to the Código Penal Federal article 199 Octies and the General Law of Women's Access to a Life Free of Violence), plus state level implementations. From 3 to 6 years imprisonment plus fine of 500 to 1000 days minimum wage units under federal article 199 Octies. State penalties vary.

The civil erasure right under Ley Federal de Protección de Datos Personales en Posesión de los Particulares (rights of access, rectification, cancellation, opposition) is enforceable against Discord regardless of where Discord processes the data, where the data subject is in Mexico.

Discord removal route

Discord accepts NCII reports through its Trust and Safety form and through its DMCA agent. Server level reports are processed faster than direct message reports.

Discord is a covered platform under 47 USC 223a. Server owners have independent legal exposure under state NCII statutes for permitting distribution. This dual exposure routinely produces faster server level enforcement.

Evidence preservation specific to Discord

Capture the server name, the channel id, and the message link including the discord.com path. Discord retains content on its CDN at cdn.discordapp.com even after message deletion. Report both the message and the CDN URL.

Five step removal process

  1. 1

    Capture evidence from Discord

    Capture the server name, the channel id, and the message link including the discord.com path. Discord retains content on its CDN at cdn.discordapp.com even after message deletion. Report both the message and the CDN URL.

  2. 2

    File Ley Olimpia criminal complaint

    Report to local police or national cybercrime unit. Frente Nacional para la Sororidad can assist.

  3. 3

    Submit Ley Federal de Protección de Datos Personales en Posesión de los Particulares (rights of access, rectification, cancellation, opposition) erasure request to Discord

    Discord accepts NCII reports through its Trust and Safety form and through its DMCA agent. Server level reports are processed faster than direct message reports. The request must identify the URLs and cite the legal basis. INAI accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Discord

    Discord is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Discord be required to remove intimate images of a Mexico resident?

Yes. Ley Federal de Protección de Datos Personales en Posesión de los Particulares (rights of access, rectification, cancellation, opposition) gives any data subject in Mexico the right to require erasure. Discord operates a dedicated NCII removal portal that processes these requests. Where Discord is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Discord from Mexico?

Ley Olimpia (federal reform of 2021 to the Código Penal Federal article 199 Octies and the General Law of Women's Access to a Life Free of Violence), plus state level implementations. From 3 to 6 years imprisonment plus fine of 500 to 1000 days minimum wage units under federal article 199 Octies. State penalties vary.

How does Discord verify a Mexico erasure request?

Discord accepts NCII reports through its Trust and Safety form and through its DMCA agent. Server level reports are processed faster than direct message reports. INAI can be petitioned if Discord fails to act within the statutory window.

What evidence should I capture from Discord?

Capture the server name, the channel id, and the message link including the discord.com path. Discord retains content on its CDN at cdn.discordapp.com even after message deletion. Report both the message and the CDN URL.

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