As long as it's not behind a login, and is publicly available, I think there's US precedent that this is unenforceable:
https://www.natlawreview.com/article/hiq-and-linkedin-reach-...
https://www.natlawreview.com/article/court-finds-hiq-breache...
What you mean by that? Currently it's not enforceable by any technical means, as I can scrape Twitter without any limitations.
if(requests > bigNumber) banHammer();
If requests from who? or what? Account? IP? Because no one is doing it from one account or one IP.
> There are plenty of solutions for these types of problems.
Actually not a lot, it's a really hard problem to solve, unless you're referring to unsophisticated scrapers that have no idea what they're doing and are following some online tutorials on how to scrape Twitter. Out of desperation, they even implemented blanket bans on entire legitimate mobile carriers in some EU countries, but it didn't have a lot of impact on the business of Twitter scraping.
Yes, it is a hard problem. Legal justice is also a hard problem. My above point is that twitter can unilaterally take steps to enforce their policy, i.e. they do not need to lean on legal mechanisms.
Non-business-entities of course may escape judgement if they cannot be found or are in a place that doesn't enforce these kinds of laws. However, I bet Twitter's bigger fear is the US and EU commercial entities and generative AI - limiting access and then going after them in court will stop a lot of commercial enterprises.