Re:ElonJet Is Now Suspended
by skissane on Wednesday December 14, 2022 @07:27PM
(#33993112)
> That is not true in all jurisdictions and definitely not in Germany. Since twitter offers it’s services to the general public, bans must be non-discriminatory and are open to challenge in court.
Sure. But since ElonJet is run from the US, in a dispute between a US company and a US user, only US law is really relevant, any foreign court is likely to dismiss the claim as outside of their jurisdiction. As far as US-based users go, he basically does have the right to ban anyone, so long as he doesn't start banning people on the basis of a protected characteristic such as race or sex.
Even if we suppose, counterfactually, that ElonJet was run from Germany – while the German legal system might in that situation be open to hearing the case, I doubt ElonJet would win, when you consider the extensive emphasis which German (and EU law) puts on privacy rights, and the fact that it is willing to go a lot further in limiting free speech in the name of privacy than the US legal system is.
Sure. But since ElonJet is run from the US, in a dispute between a US company and a US user, only US law is really relevant, any foreign court is likely to dismiss the claim as outside of their jurisdiction. As far as US-based users go, he basically does have the right to ban anyone, so long as he doesn't start banning people on the basis of a protected characteristic such as race or sex.
Even if we suppose, counterfactually, that ElonJet was run from Germany – while the German legal system might in that situation be open to hearing the case, I doubt ElonJet would win, when you consider the extensive emphasis which German (and EU law) puts on privacy rights, and the fact that it is willing to go a lot further in limiting free speech in the name of privacy than the US legal system is.