In responce to criticism from a user with claims of harassment, Twitter’s Biz Stone says, “Twitter is a communication utility, not a mediator of content.”
This leads me to wonder if the Twitter folks (or their lawyers) are thinking about their service as a Common Carrier. A common carrier would not be able to pick and choose which messages are sent through it. (WP: “[a common carrier] cannot discriminate, that is refuse the service unless there is some compelling reason….”)
Hence, if Twitter wants to position itself as a common carrier, it would not want to disable the account in question.
