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Re:OVH Cloud shuts down Guerrilla Mail by user5994461 on Thursday November 05, 2020 @08:00AM (#24997844)
>>> Unless this is some extreme security situation/investigation where it was being used for communication between groups I can't really see this holding up in a European Court?

I feel the need to point out that each EU country has its own judiciary system and laws. There isn't such a thing as an European court. There's are laws/agreements set at the European level that are supposed to trickle down to each country and the process is fairly complicated and messy.

It's a very strong misconception from US readers to think that there is an Europe court, like there is a supreme court or something in the US.

Re:OVH Cloud shuts down Guerrilla Mail by pjc50 on Thursday November 05, 2020 @08:57AM (#24998216)
The siblings are half-right; there is the ECJ, and a lot of law is harmonised, but far from everything. But it has nowhere near the political significance of the USSC. And both are appeal courts, so you have to exhaust your country's system first and be granted leave to appeal.

I don't really see there being much of a case to answer, although it may be possible to get the alleged secret law enforcement request. OVH terms of service will undoubtedly allow them to terminate your account for any reason.

Re:OVH Cloud shuts down Guerrilla Mail by kqvamxurcagg on Thursday November 05, 2020 @09:23AM (#24998450)
European Courts are the ultimate court of appeal in the EU. In this instance I'd say the European Court of Human Rights would absolutely find shutting down these servers as a violation of the European Convention on Human Rights.
Re:OVH Cloud shuts down Guerrilla Mail by user5994461 on Thursday November 05, 2020 @09:49AM (#24998698)
Human rights have to do with things like torture, unfair detention, having a fair trial, etc...

You are not going there because an hosting company shutdown your mail service.

Last cases for reference: https://hudoc.echr.coe.int/eng#{%22languageisocode%22:[%22EN...}

Re:OVH Cloud shuts down Guerrilla Mail by bxk1 on Thursday November 05, 2020 @09:54AM (#24998735)
Actually, a hosting company challenging the police in jurisdiction where ECHR is ratified would go exactly there once it exhausts options in local courts. But not a customer of a hosting company challenging the decision of a hosting company.
Re:OVH Cloud shuts down Guerrilla Mail by pjc50 on Thursday November 05, 2020 @12:20PM (#24999984)
.. on what basis? (a) you've not checked whether the OVH user agreement allows this kind of termination, which it almost certainly does, and (b) we don't know any of the underlying facts about the alleged police letter.

A court action might bring some facts to light, but it's unlikely to reinstate the service.

Re:OVH Cloud shuts down Guerrilla Mail by bxk1 on Thursday November 05, 2020 @09:34AM (#24998579)
European Court of Human Rights is also not exclusive to European Union, other countries signed the convention as well and ratified at least parts of it. There appeals can reach ECHR and its rulings have to be enforced locally.
Re:OVH Cloud shuts down Guerrilla Mail by wasmitnetzen on Thursday November 05, 2020 @08:14AM (#24997933)
This view is not accurate. There is at least the European Court of Justice[1], and there are directives[2], which are laws written and enacted by the European Union, without any national act being necessary. Of course, the Court of Justice (sadly) doesn't have a European Constitution to rule on, but it does overturn national laws sometimes.

[1]: https://en.wikipedia.org/wiki/European_Court_of_Justice [2]: https://en.wikipedia.org/wiki/Regulation_(European_Union)

Re:OVH Cloud shuts down Guerrilla Mail by tinus_hn on Thursday November 05, 2020 @01:04PM (#25000428)
Nice to know if you can afford to stand still while your case works its way through the courts for years. Most companies can’t.
Re:OVH Cloud shuts down Guerrilla Mail by eof on Thursday November 05, 2020 @08:09AM (#24997902)
What is this then?

https://en.m.wikipedia.org/wiki/European_Court_of_Justice

> The European Court of Justice (ECJ, French: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its equal application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).

Re:OVH Cloud shuts down Guerrilla Mail by dathinab on Thursday November 05, 2020 @09:08AM (#24998304)
The EJC is there to handle discrepancies between EU regulations and nations (not fully/correctly) implementing them.

So this is not a general supreme court. Cases which don't run in local law conflicting EU regulations can't end up there.

EU regulations don't cover everything and do often have large margins of interpretation. They are generally not laws but regulations about making laws.

So there is a good chance your case will never have a chance to end up there even if it continues to escalate.

Edit: also the ECJ does work different in the results they produce then you think, e.g. they can rule that a certain court action/law/etc. is in beach if regulations and anull it to some degree, but that didn't mean they can e.g. force gurillamail to be rehosted. At most they could "annul" a france court discussion that the takedown for given reasons was legal. Which seems similar but is a massive difference as they then could argue that the takedown was still legal due to other reasons and still win (or just delay it further).