I've been thinking about this a lot ever since Null expressed an interest in using legal means to get his website back online. I don't know if Null is seriously considering suing LFJ. It will be trivial for LFJ to frame his involvement in #DropKiwiFarms as a form of protected free speech activity.
Doesn't Null understand that if LFJ wasn't heading #DropKiwiFarms, it would've been some other troon? Plenty of smart, capable and well-connected troons hate KF and would volunteer to head such a campaign. Alejandra Caraballo is a rich troon making three figures a year too. If Liz steps down to avoid a lolsuit, he's just hand #DropKiwiFarms over to Alejandra or some other troon. Even if Null was somehow able to get an injunction issue barring LFJ from... whatever (writing abuse reports to ISPs?)... what about the rest of the gang? They'll just pick up where Liz Fong-Jones left off.
The only reason I can see for Null wanting to sue LFJ is so that he can win in the court of public opinion by proving that LFJ was engaged in a ex parte cybercriminal conspiracy with the hackers carrying out the DDoS attacks and the poz.hov attack - that LFJ got Cloudflare to deny DDoS protection because there was a prior cybercriminal conspiracy amongst Liz and the gang to get KF DDoSed and subject to other cybercrimes once Cloudflare caved in.
But those of us who were following #DropKiwiFarms don't need any evidence for that theory. As many said at the time, denying a site Cloudflare protection is like ordering the fire-department not rush to someone's house on fire, just because you hate their politics and think they deserve to burn down.
We already know that was there was a cybercriminal conspiracy to attack KF the moment they were bare on the internet, because of all the circumstantial evidence we found on Twitter from #DKF themselves. They openly admitted being in touch with the hackers over Signal, and posted tweets showing they had insider knowledge of the nature of the attacks.
Lastly, what if Null performs discovery on LFJ over the course of his lolsuit, only to discover that Liz and other #DKF participants had been secretly been doxxing Kiwis and Null himself over e-mails and DMs? All those doxx are then inadvertently made public through discovery. Doesn't Null think LFJ has already laid such a trap for him? ("If you perform discovery on me, you will end up doxxing all your users")
If Null wants to lawfare, the only way I can see down this path is if he sues European ISPs and backbones for not upholding net neutrality laws. AFAICT the US doesn't have net neutrality laws, so he can't sue any American ISPs or backbones. ISPs and backbones in the US are allowed to drop anyone for any reason or no stated reason.
The EU on the other hand does have net neutrality laws on the books (I know this because I remember I myself had sent the BEREC Guidelines on Net Neutrality to Null). However, my impression is that Null doesn't want to sue in the EU because he's trying to avoid the impression of having EU forum contact. My impression is that Null wants to make it seem as if KF is "just passing through" European ISPs, and since it's just passing through, they should to be neutral with regards to its content as long as it appears to be prima facie in accordance with American law in absence of a court order arguing otherwise.
So the question becomes: does net neutrality mean that an American website should be allowed to pass through European ISPs or backbones, when its content complies to American law but *might* be in conflict with EU speech laws? Is an ISP or an internet backbone overstepping the limits of its discretionary authority when it tries to play content cop and determine on its own what kind of content allowed to pass through their systems? Is "potentially actionable (but yet to be determined)" sufficient reason for an EU ISP or backbone to block an American site from passing through its systems?
I find the latter argument more defensible, because most American websites passing through EU systems have some content or aspect of the site that might be in conflict with EU law, but are still allowed to pass through.
Doesn't Null understand that if LFJ wasn't heading #DropKiwiFarms, it would've been some other troon? Plenty of smart, capable and well-connected troons hate KF and would volunteer to head such a campaign. Alejandra Caraballo is a rich troon making three figures a year too. If Liz steps down to avoid a lolsuit, he's just hand #DropKiwiFarms over to Alejandra or some other troon. Even if Null was somehow able to get an injunction issue barring LFJ from... whatever (writing abuse reports to ISPs?)... what about the rest of the gang? They'll just pick up where Liz Fong-Jones left off.
The only reason I can see for Null wanting to sue LFJ is so that he can win in the court of public opinion by proving that LFJ was engaged in a ex parte cybercriminal conspiracy with the hackers carrying out the DDoS attacks and the poz.hov attack - that LFJ got Cloudflare to deny DDoS protection because there was a prior cybercriminal conspiracy amongst Liz and the gang to get KF DDoSed and subject to other cybercrimes once Cloudflare caved in.
But those of us who were following #DropKiwiFarms don't need any evidence for that theory. As many said at the time, denying a site Cloudflare protection is like ordering the fire-department not rush to someone's house on fire, just because you hate their politics and think they deserve to burn down.
We already know that was there was a cybercriminal conspiracy to attack KF the moment they were bare on the internet, because of all the circumstantial evidence we found on Twitter from #DKF themselves. They openly admitted being in touch with the hackers over Signal, and posted tweets showing they had insider knowledge of the nature of the attacks.
Lastly, what if Null performs discovery on LFJ over the course of his lolsuit, only to discover that Liz and other #DKF participants had been secretly been doxxing Kiwis and Null himself over e-mails and DMs? All those doxx are then inadvertently made public through discovery. Doesn't Null think LFJ has already laid such a trap for him? ("If you perform discovery on me, you will end up doxxing all your users")
If Null wants to lawfare, the only way I can see down this path is if he sues European ISPs and backbones for not upholding net neutrality laws. AFAICT the US doesn't have net neutrality laws, so he can't sue any American ISPs or backbones. ISPs and backbones in the US are allowed to drop anyone for any reason or no stated reason.
Net neutrality in the United States - Wikipedia
en.wikipedia.org
The EU on the other hand does have net neutrality laws on the books (I know this because I remember I myself had sent the BEREC Guidelines on Net Neutrality to Null). However, my impression is that Null doesn't want to sue in the EU because he's trying to avoid the impression of having EU forum contact. My impression is that Null wants to make it seem as if KF is "just passing through" European ISPs, and since it's just passing through, they should to be neutral with regards to its content as long as it appears to be prima facie in accordance with American law in absence of a court order arguing otherwise.
So the question becomes: does net neutrality mean that an American website should be allowed to pass through European ISPs or backbones, when its content complies to American law but *might* be in conflict with EU speech laws? Is an ISP or an internet backbone overstepping the limits of its discretionary authority when it tries to play content cop and determine on its own what kind of content allowed to pass through their systems? Is "potentially actionable (but yet to be determined)" sufficient reason for an EU ISP or backbone to block an American site from passing through its systems?
I find the latter argument more defensible, because most American websites passing through EU systems have some content or aspect of the site that might be in conflict with EU law, but are still allowed to pass through.