> This is the right a private property owner (say the owner of a bar) has to kick you out.
Not exactly?
It's certainly not criminal law. Proof beyond reasonable doubt has no place here.
But it's also not exactly the relationship between a host and guest, where the guest has no rights save what the host grants. Website terms of service purport to be contracts, so there is a contractual rather than ex gratia basis for the relationship.
So, begin interpreting website terms of service as contracts of adhesion, and read in a duty for website operators to enforce those terms fairly, with a reasonable basis (on the balance of probabilities) for harmful decisions.
This isn't the current law, of course, but it's not hard to imagine the law reaching that place from here.
Not exactly?
It's certainly not criminal law. Proof beyond reasonable doubt has no place here.
But it's also not exactly the relationship between a host and guest, where the guest has no rights save what the host grants. Website terms of service purport to be contracts, so there is a contractual rather than ex gratia basis for the relationship.
So, begin interpreting website terms of service as contracts of adhesion, and read in a duty for website operators to enforce those terms fairly, with a reasonable basis (on the balance of probabilities) for harmful decisions.
This isn't the current law, of course, but it's not hard to imagine the law reaching that place from here.