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. Twitter can ban anyone who violates their ToS, but not just anyone Elon dislikes.
> 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.
It’s not surprising this exists. It’s equivalent to the Hausrecht in the physical world - if you make your place available to the public (a bar, restaurant, supermarket) you no longer can kick out just anyone without cause. You can ban people from entering (or make them leave) for reasons, but those must be non-discriminatory and not arbitrary. “I don’t like you nose/hair/color of your skin” won’t work. “You need to wear shoes or leave.” is likely valid.
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. Twitter can ban anyone who violates their ToS, but not just anyone Elon dislikes.
https://www.e-recht24.de/artikel/marketing-seo/11415-was-koe...