Jonathan Richards
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Yahoo! has asked a US court to dismiss a lawsuit accusing it of "aiding and abetting" torture in China by releasing information that led to the imprisonment of dissidents.
The search company said yesterday that the legal action was "a political case challenging the Chinese Government" which had no place in the US courts. It said that it had merely been obeying the law when it gave Chinese authorities the registration information of a user who had promoted democracy in a forum.
The company was responding to a lawsuit filed in April by the wife of Wang Xiaoning, a writer with a Yahoo! e-mail account who was jailed for ten years in 2003 after he was found guilty by a Chinese court of "incitement to subvert state power."
Yahoo! was referred to ten times in the court's verdict, and the company has acknowledged handing over information – including to the content of e-mails sent by Mr Wang – when requested to do so.
In a filing with a federal court in San Fransisco, Yahoo! said: "This is a lawsuit by citizens of China imprisoned for using the internet in China to express political views in violation of China law. It is a political case challenging the laws and actions of the Chinese government. It has no place in the American courts."
While Yahoo! "deeply sympathised" with the plaintiffs and their families and "did not condone the suppression of their rights and liberty by their Government," the company said it had "no control over the sovereign Government of the People's Republic of China, the laws it passes and the manner in which it enforces its laws."
The dissidents had "assumed the risk of harm when they chose to use Yahoo! China e-mail and engage in activity they knew violated Chinese law."
Another of the dissidents involved in the case, Shi Tao, was convicted in 2005 of divulging state secrets after he posted online a Chinese Government order forbidding media organisations from marking the anniversary of the Tiananmen Square uprising.
"Free speech rights as we understand them in the United States are not the law in China," Yahoo! said. "Every sovereign nation has a right to regulate speech within its borders."
Legal experts said that the case, which is being brought under the Alien Tort Claims Act and the Torture Victim Protection Act, would face difficulties because of US courts' unwillingness to get involved when foreign nationals fell foul of laws in their own countries.
When the Torture Victim Protection Act was passed in 1992, the first President Bush said that there was a danger that US courts could become embroiled in disputes in other countries. "Potential abuse of the statute would give rise to serious frictions in international relations," he said at the time, and would be "a waste of our own already overburdened judicial resources."
Morton Sklar, executive director of the World Organization for Human Rights USA, which is representing the dissidents, told the New York Times: “It is not the Chinese Government that is the defendant here. It is Yahoo!, for their part in this process. They gave the pieces of information that allowed China to take these actions.”
Several internet companies, including Google, have been criticised for blocking politically sensitive content from their Chinese sites.
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The best defense again companies that put profits first is to hit them where hurts the most, time for a boycott I say.
AJ, SF, SA
we don't want yahoo! in our house anymore . Our only link is our E-mail witch we gone to change anyway.
joe &helen, houston, texas
Not too disimilar to IBM supplying the tecchnology used to round up Jews in the 1940's.....then again who are we point the finger when our Government allowed the US to practise "extraordinary rendition" and imprison"terrorists" without trial.
Doug Bates, St. Albans,
The Chinese market is expanding at a tremendous rate and all of the companies involved are willing to sell their basic humanity for one more dollar or yuan. They are well aware of the fact that China does not need their companies in particular, so if it a choice between human life and profit... well, it is obvious what Yahoo! has chosen.
Rupert, South Thomaston, Maine
Yahoo is an international company, it is ridiculous to say that Yahoo shouldn't enter the Chinese market. Should China stop making our clothes because we are funding a regime that doesn't have all the same laws and regs that we do? China doesn't have the same laws, and we need to understand that. If a US citizen was threatening 9-11 type attacks and writing on the Internet, I do believe Yahoo would have to indulge the same information to the US government.
The dissidents had "assumed the risk of harm when they chose to use Yahoo! China e-mail and engage in activity they knew violated Chinese law." This quote from the above passage is pretty self-explanatory, he knew the risk.
Chan, Chicago, IL
Regardless of Yahoo's protestations one thing is perfectly clear: I f you wish to exercise the right of free speech don't use Yahoo. Well I do, so I won't.
Bruce, Dublin, Ireland
A hypothetical analogy would be an American corporation doing business in Germany in the late 1930's, prior to the unexpected outbreak of war, divulging the names and locations of Jews as a strategy to continue largely unhampered and profitable business operations. Betraying innocents to ruthless thugs, even if they happen to be "officials" with the power to issue licenses or permissions, is a morally heinous "policy" regardless of the jurisdiction or country where a company or organization might be be operating. The old saying that some people will do anything to make money is, apparently, true.
Marc, Grantsburg,
Yahoo! is required to obey the law in whatever country it is working in. If the US requested information about a Yahoo! subscriber in an investigation of kidnapping or child molestation none of you would complain that Yahoo! obeted the law here. If you have a problem with China's human rights policy then ask your senators and reps and white house why they are still a prefered trade partner. Don't blame Yahoo! for Cina's policies. Blame Yahoo! for doing bussiness in China, but not for this.
Chris, Windsor, CO
I'm hearing some sort of deja vu echo ... from the Nuremberg War Trials ... "We were just following orders ... Everything we did was perfectly legal ... What else could we do? ... It was others who did those terrible things ..."
They're right, of course. Yahoo didn't torture anyone. They just gave the names of the torture victims to the Chinese government. What else could they do? It was perfectly legal. They were just following orders.
Bob Merkin, Northampton , Massachusetts USA
Whatever legal president Yahoo is trying to establish by stating, "it's only obeying the law" of China, a long known and notorious human rights abuser, is at best a cynical justification meant to prop up their revenue stream. If Yahoo can't live up to the standards of the democracy it is based in, because they are subject to the scrutiny of authorities in a country which provides them with a customer base and target audience, I would suggest that being found in violation of our laws, wherever it occurs, is simply the cost of doing business with less scrupulous countries.
Will, Mt. Pleasant, MI
When is Corporate America going to get off the fence and do the right thing. We're justifying wars in other countries by saying that we're fighting for freedom. Yet big corporations are still only worried about their pocketbook.
Yahoo! said. "Every sovereign nation has a right to regulate speech within its borders." How can Yahoo justify this statement? I mean please... either you're for doing the right thing or our simply out to make a buck.
Andrew, Madisonville, KY
Yahoo! or any other company must respect the basics of human rights that have been defined by the U.N.
Jane Doe, SCLA, California
I was just following orders... the Nuremberg Defense...
Sully, Edinburg, Scotland
So Yahoo "Vas just followink orders"?
Mike, ithaca, usa
Sounds like a Nazi concentration camp guard kind of excuse.
Dom , Manama, Bahrain
'the company said it had "no control over the sovereign Government of the People's Republic of China, the laws it passes and the manner in which it enforces its laws."'
But it had every control over its decision to enter the Chinese market in the first place? If duties to shareholders would prevent this, then company law needs big reforms. At the least they could have put big warnings to Chinese users on its site that it would pass on their emails to the authorities if requested?
Saph, London,
how convinient for Yahoo to deny resposibilty in the name of making money in a dictatorial regime at any cost including human lives. Those of you out there who are using yahoo email or as a portal rebel in the name of dignity. They will sell your mother if that paid them money. it's blood money that makes them no different then the slave traders of old who for a buck separated families and loved ones so they could line there pockets with cash. People let YAhoo and the like know that they can not do bussiness with the devil and claim they are not resposible for what the devil does. Once they violated privacy of Wang Xiaoning then your privacy that is stored on there servers is up for grabs also since you don't know at what point they will reveal yours to the hghest bidder be it China or CIA. O ye assisting in torture denial is made for the stupid. it's like saying "ye Yahoo knowingly sold the ax to whack my family to the Chineese but of course they are not resposible for the killing"
phi, Skokie, USA/IL