Yahoo Asks Court In U.S. to Dismiss Suit Over China

Court Alerts

Yahoo yesterday asked a court to dismiss a lawsuit accusing the Internet giant of abetting torture and abuse of pro-democracy writers in China.

Yahoo acknowledged releasing personal user information about the writers to the Chinese government, but said it had to comply with the country's lawful request and therefore cannot be held liable. Its 40-page response was filed yesterday in U.S. District Court for Northern California.

Advocacy groups view the suit as an important test case because it asks U.S. courts to punish corporations for human rights violations abroad. Internet companies such as Yahoo entering the booming Chinese market have had to alter user policies or allow censorship in order to comply with the country's laws.

The lawsuit was filed this spring by The World Organization for Human Rights USA on behalf of the imprisoned writers.

Two Chinese writers who used Yahoo's e-mail service to distribute their work are serving 10-year prison sentences. Shi Tao, a reporter and editor at Contemporary Business News in China, was arrested in November 2004 for publishing a document that the Chinese government considered a state secret and pleaded guilty. Wang Xiaoning, an author and editor of pro-democracy publications, was arrested in September 2002 and convicted for "incitement to subvert state power." Both are believed to have been abused and tortured while in custody, according to the lawsuit.

In its response, Yahoo argued that it did not "willfully" provide information about the online activities of the writers.

"Defendants cannot be expected, let alone ordered to violate another nation's laws," the company said in its filing. Chinese law requires anyone who receives a request for information as part of an investigation to comply and prohibits challenging such a request in the Chinese courts, Yahoo said in its filing.

Morton Sklar, the human rights organization's executive director, questioned whether the Chinese government's request for information was lawful. "But even if it was lawful in China, that does not take away from Yahoo's obligation to follow not just Chinese law, but U.S. law and international legal standards as well, when they do business abroad," Sklar said in a statement.

Yahoo spokeswoman Kelley Benander said in a statement that the company supported freedom of expression around the world and would continue to work with human rights organizations "on a global framework for technology companies operating in countries that restrict free expression and privacy."

"The real issue here is the plaintiffs' outrage at the behavior and laws of the Chinese government," she said. "The U.S. court system is not the forum for addressing these political concerns."

Related listings

  • Man Pleads Guilty to Killing Reservist

    Man Pleads Guilty to Killing Reservist

    Court Alerts 08/28/2007

    [##_1L|1098364621.jpg|width="130" height="90" alt=""|_##]An man who was having an affair with the wife of a Navy reservist pleaded guilty Monday to murdering the man. Andrew Deshawn Canty, 20, will automatically receive a life sentence for first-degr...

  • Ex-astronaut Nowak wants ankle monitor removed

    Ex-astronaut Nowak wants ankle monitor removed

    Court Alerts 08/24/2007

    [##_1L|1131507174.jpg|width="120" height="88" alt=""|_##]Former NASA astronaut Lisa Nowak, in a bid to take off her ankle-bracelet GPS monitor, testified in an Orlando, Florida, court Friday that the device is restrictive and hazardous when she drive...

  • Supreme Court upholds Chapman's death sentence

    Supreme Court upholds Chapman's death sentence

    Court Alerts 08/24/2007

    [##_1L|1195813113.jpg|width="180" height="135" alt=""|_##]A child killer who asked to be put to death would have his wish granted under a unanimous ruling by the Kentucky Supreme Court on Thursday. Marco Allen Chapman pleaded guilty to brutally attac...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read