Unilateral policies are never enforced "fairly", so that assertion cannot be part of the discussion. If unilateral adjudication worked, countries wouldn't have a judicial branch, they'd just have an executive branch.
I don't know that they can? "Conspiracy theory" is not a thing that exists in the law. Contract law has to be about things the court understands. They could in theory try it as a libel case, but, that is more an "egregiously false" or "knowingly false" kind of thing.
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Perhaps they can't in their current form, but it doesn't seem to me unreasonable that some kind of "judiciary" of some sort or another unconnected with either party could determine if someone was disseminating provably false dangerous information for example.
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