Twitter released despite lack of cooperation with law enforcement

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In a case in which the social network was condemned for failing to cooperate with French authorities investigating three cases of cyberbullying, Twitter was declassified. This is why.



If you have ever been the victim of harassment or a hate campaign on social networks, this court decision should be of interest to you. The Paris Criminal Court ruled on Monday, March 27, that Twitter was not required to cooperate with French justice in a case involving three cases of cyberbullying.

In 2019 and then in 2020, Aurélia Gilbert, a Bataclan survivor, Georges Salines, father of one of the victims of the attack, and Nicolas Hénin, a journalist held hostage by the Islamic State, were in turn harassed on the platform. At the time, the discussion about the repatriation of children of jihadists was raging. These three former victims of terrorism publish tweets in which they advocate a return to French soil for these children. These posts will be the starting point of a wave of hate and harassment on the particularly violent social network, says The worldMonday March 27.

These three persons then file a complaint on their side. To find the authors of the hate messages, police will ask Twitter for the identities of the people behind the accounts causing the harassment. Unsuccessful, since Twitter will never respond to two of them, the social network will spring into action for the third. Unable to find the slightest trace, the three investigations will eventually close without further action. But it does not stop there for the victims: they will jointly take legal action against the platform for, among other things refusal to comply with the request of the French judicial authorities – an offense under the Confidence in the Digital Economy Act 2004.

A receiver error and a legal pirouette


But as previously ruled, the Paris court explained that a foreign company was not required to respond to legal claims outside of international mutual aid instruments. Because if social networks like Twitter are kept up to date obligation to provide information by which the authors of posts can be identified deemed illegal by a judicial authority, the request (claim) must still be sent to the correct company. In the state, however, the police had followed the procedure imposed by Twitter.

The officers in charge of the investigation had filled out an online request. And unfortunately, the request was automatically sent to Twitter Inc, based in San Francisco in the United States – a company under foreign law. However, it would have to be sent to Twitter International Unlimited Company (TIUC, based in Dublin, Ireland, in the European Union) in order to benefit from this obligation to ” cooperation “. TIUC considered the host of content accessible in France ” has not received any legal action says the court.

Consequence: on the one hand, the European entity that should have received the request received nothing. And on the other hand, the US entity that received the request was not obliged to respond to it because then the police would ” instruments for international cooperation As a result, Twitter has been released and the perpetrators of alleged cyberbullying are still on the run.

Twitter is increasingly criticized


The lawsuit comes amid growing criticism of Twitter for not adequately addressing online hate and cyberbullying. For example, the social network was ordered to disclose measures taken last summer to combat hate online, a sentence that forced it to declare the number of its moderators in the world on March 22. The network currently uses “1.867 moderators which equates to… one moderator for 200,000 users.

Read also: Twitter drops further in security and privacy, with the end of the Tor version
But neither criticism nor condemnation would have the slightest effect at this point, especially since Elon Musk heads the platform. A BBC survey published on Tuesday 7 March found that the billionaire’s arrival at the head of the company has led to a drop in staff numbers and resources being devoted to security and confidentiality.

Source :

The world
 
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