Having read the thread, along with a number of other connected threads, there is no reason the believe AO3 is going to go down
(that's not to say you shouldn't back up your own fics, or save copies of other people's fics for personal use, it's always a good idea to have backups)
the linked thread is discussing institutional problems with OTW's Legal and Policy & Abuse committees (although the latter primarily in the ways the thread's author believes they are being negatively impacted by legal)
It's primarily a conversation about the OTW having structural problems and being slow to react/change when needed, but three accusations of specific breaches of the law which could get the OTW into trouble are made:
- That the OTW does not retain works PAC identify as containing CSAM/CSEM for the legal minimum period of 90 days
- That the OTW suspends rather than deletes the accounts of those identifies as being under 13 so that they can restore the account once the user is over the minimum user age, which is a breach of COPPA
- Same as above, but this is a breach of GDPR
None of these could get AO3 taken down, and 2 of them are provably untrue
Systems have confirmed the first point is not true. While works are not retained on the archive for the 90 days, the archive keeps complete back-ups for longer than that, so the work can be restored if needed by the authorities. This is, as rahaeli points out, a pretty inefficient way of handling things, but being inefficient is not a breach of the law
Rahaeli corrects themself in their own thread when they realise that COPPA does not apply to the specific type of non-profit AO3 is, so that's moot
The GDPR point is slightly more complicated. I'm not a lawyer, but I work in the finance industry in the UK handling massive quanities of personal data, so I am required by law to be trained on GDPR.
Email addresses are not automatically personal data under GDPR. They can be, but only if they contain other personal information. So if your email is brony47@gmail, that's not personal data. If it's john.smith@company it is, because it contains your wallet name and employer. So, while it's fairly unlikely when dealing with AO3 accounts belonging to under 13s, especially as school issued emails are basically never wallet names because they just deal with too many people for that to be sustainable, it is technically possible that retaining this info is a breach of GDPR.
However, even if AO3 was found to have breached GDPR, that would not result in the website being taken down with no warning or fics being purged. That's not how any of this works.
AO3 would face fines (I don't actually know how those fines work for non-profits, since they're usually a % of annual turnover - I assume donations would be treated as turnover for the ICO's purposes, but I may be wrong about that).
It's possible that fine could be steep enough that the archive couldn't meet server costs and would ultimately need to shut down, but the ICO do not possess the ability to shut the site down, and AO3 owns its own servers so if the worst happened and the archive shut down, they would have plenty of time to warn people. It would not just vanish, that's not what the ICO does.
(The specific affected account would be need to be deleted, but since it would already be suspended and invisible to users, that would not affect any end-users)
(Also the entire process of it going through the ICO and being debated to get to the point of the fine would probably take at least a year, this is a massive pan-european beauracratic body, it is not famous for its efficiency)
None of this is me saying rahaeli doesn't have valid points, or that reform isn't needed, generally I agree that it is, and I think rahaeli's suggestions about what to change sound reasonable, although I'm not an expert and not on either of the affect teams, so that's just some rando's opinion.
But the this post is not about that, this post is about people worrying about the archive being taken down, and again, that is not what is going on here!
TLDR; back up fics if you want, but AO3 is not in legal trouble, and even if it was, the type of legal trouble being discussed would not result in the entire archive just going down without prior warning