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by coldtea 3292 days ago
Do you agree that a web service is not a private residence?

A coffe shop, a supermarket, a bookstore, etc. doesn't have right to check your ID.

Heck, from what I know, in the US even the police cannot ask you for an id without "reasonable suspicion" that you did something illegal.

4 comments

>Do you agree that a web service is not a private residence?

For all purpose and effect, it equals a private residence. After all the web service is run by somebody on servers that somebody either owns or pays for.

If I don't want you on my web service I have every right in the world not to let you in/use it because you have no right to demand usage of my private property (servers).

>A coffe shop, a supermarket, a bookstore, etc. doesn't have right to check your ID.

While I'm not 100% sure about the legal situation in the US, I'm pretty sure regular householder's rights apply.

They have the right demand all kinds of things before allowing you on their private premises and you have the right to say "Nah" and not enter their private premises as a result of that, their club, their rules.

>Heck, from what I know, in the US even the police cannot ask you for an id without "reasonable suspicion" that you did something illegal.

In theory, the same was true for German police until... you guess it: 9/11 and the big push for the "war on terror" happened. Since then many countries have adopted additional legislation to allow police more "freedom" with ID checks.

Germany adopted this by declaring certain zones as "higher risk", like near government buildings, public transportation hubs and so on. Police can demand ID from pretty much anybody in a certain radius to such zones, this process is then called "verdachtsunabhänge Personenkontrolle" which loosely translates to "identity check regardless of suspicion".

I'm pretty sure the US has adopted similar legislation, just like the US (supposedly the country of the freest of free speech) adopted the usage of "Free speech zones".

> While I'm not 100% sure about the legal situation in the US, I'm pretty sure regular householder's rights apply.

Not sure about that. Some places (like malls or train stations, possibly others) are considered public places to some extent.

But isn't the mall privately owned? At least the shops inside would be. Do different rules apply to them compared to private homes? Afaik the sovereignty of one's own home is held in very high regard in the US, why doesn't the same apply to a private business?

Train stations, as part of the public infrastructure, are probably held to a different standard. Locking somebody out from those would present quite a constraint to that individual, so that's probably for the better.

I don't think that is true... Costco requires a membership to shop there, and bars require ID checks to enter.
Certainly any place that is member only does. As is any place with a minimum age requirement whether or not that minimum age is required by law. Workplaces of course check and record visitor idea all the time. Not sure why a bookstore would be different although it seems silly in the general case.
I've had people ask to see my ID to verify my identity when using a credit card at several stores. When I buy cough medicine or alcohol, the cashier will not only ask to see my ID but will scan it and store it in a database.
Those are exceptions, since for the first you always have the option to pay cash (and not show id), and for the latter it's required for proof-of-age to buy an age-restricted substance.
I have to show ID every time I buy anything at Costco, regardless of whether I pay cash. I'd also note that Facebook is an age-restricted product.
>I'd also note that Facebook is an age-restricted product.

Only by their policy -- whereas for alcohol it's the law.

That policy exists because of EU and US data protection laws for children under the age of 13. Facebook cannot legally allow them on their website without significantly changing the way their data is handled and requiring parental consent.

Facebook most likely doesn't mind the current state of affairs where preteens lie about their age (hook 'em early), but they do not officially condone it.

They do it because of COPPA, which is a law.