DueProcess

From Cyberlaw: Difficult Issues Winter 2010
Jump to navigation Jump to search

Issue Definition

Users store valuable content online using services such as GMail and Facebook. What happens if the provider of this service decides to ban or restrict access to "your" content or account? Is there an appeals process of any notion of due process whatsoever?

Related: Is a website a place of "public accomodation" under the Civil Rights Act and Americans with Disability Act?

Gmail

From GMail's Terms of Service

4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.

4.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

...

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

...

8.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service...

Facebook

Facebook does not seem to have a formal appeals process for banned accounts [1]