Is it legal for a business to use discriminatory (and notoriously false-positive) fingerprinting algorithms that prevent me from loading their website purely on the basis of how I look (as opposed to how I act)?
Some time ago I opened an account on a website. For security reasons, I used Tor Browser. I loaded money onto my account and purchased their services. I used their services several times without issue.
Recently I tried to log-into my account, but I got stuck in an infinite loop on CloudFlare, so I could never access their website. It should go without saying that I'm not doing anything malicious, but I'll say it: this is reproducible when launching a fresh version of TAILS, opening the browser, typing the naked domain into the address bar and pressing
<enter>. I'm never allowed into the store.
So it appears to me that this website is denying me access to their business services, my account, and the funds on my account for one reason: because they don't like the way I look.
Is this legal for them to do to their customers? I'm also curious if the same thing would be legal in the IRL analog, for example:
Would it be legal for a brick-and-mortar store to deny me from entering their shop purely on the basis of the way that I look?
Would it be legal for a bank (with whom I already have an open account in good-standing) to prevent me from accessing my safety deposit box because they don't like the way that I look?
Or, perhaps for a closer analogy:
Would it be legal for a brick-and-mortar store to deny me from entering their shop because their SaaS CCTV facial recognition software (falsely) said that I "look" like a shoplifter?
Would it be legal for a bank (with whom I already have an open account in good-standing) to prevent me from accessing my safety deposit box because I'm wearing the same T-Shirt from JC Penny that someone else wore who robbed their bank yesterday (and they do not permit me to attempt to prove my identity)?
I'm primarily interested in US and EU law, but I would be interested in any countries with strong consumer and data protection laws that would provide consumer protection from discrimination on the basis of "looks" on the Internet.