CNN reports that Cecilia Barnes, a woman in Oregon, has filed a $3 million lawsuit against Yahoo, alleging that the site failed to fulfill a promise to remove nude pictures of her that had been posted by her ex-boyfriend.
Michael Williams ponders the issues raised by this case when he writes:
"The ex-boyfriend could cause as much havoc by posting the same information on street poles and the electric company shouldn’t be responsible for the misuse of their poles, but in this case the woman was not able to remove the postings herself and had no choice but to rely on Yahoo to help her out. Does that create a responsibility for them to do so? The ex should be criminally liable for harassment, but I doubt he has deep pockets, which is why Yahoo is being sued. Should the woman win money, or just an order from a judge for the profiles to be removed?"
Although it certainly seems fair and just that Barnes should seek court action against her ex for harassment, and possibly for an injunction against the further publication of the photos by websites and media organisations, but to sue Yahoo does seem a bit unfair. It will be interesting to see if the decision in the case follows the lines of Godfrey v Demon Internet in the UK, where the judge criticised Demon for not taking down content once they had been asked to by the claimant.
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