US Laws Don't Apply In Case Involving Yahoo's China Subsidiary Handing Over Info To Gov't

from the different-jurisdictions... dept

You may recall a few years ago all the negative publicity Yahoo got after it came out that its Chinese operations handed over information on certain users that resulted in some Chinese dissidents being arrested. This resulted in some lawsuits filed in the US. However, in one such case, the court has noted that the Electronic Communications Privacy Act (ECPA), which protects user data in such cases, doesn't apply outside the US, and since this happened entirely within China, there's not much of a case to be made about it. Either way, Yahoo recognized what a blackeye it got from the PR in these cases, and has settled some of them, and I'm guessing the company is now a lot more aware of the potential backlash in dealing with these kinds of issues.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    Robert Ring (profile), Dec 8th, 2009 @ 4:21am

    It's surprising how companies often _don't_ foresee backlashes like this. I mean, it's almost a law of nature.

     

    reply to this | link to this | view in thread ]

  2.  
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    inc, Dec 8th, 2009 @ 5:25am

    this is why you dont host your servers in such countries.

     

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  3.  
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    Anonymous Coward, Dec 8th, 2009 @ 5:25am

    Mike, take this one as a lesson - US law isn't the start and end of the internet.

     

    reply to this | link to this | view in thread ]

  4.  
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    Anonymous Coward, Dec 8th, 2009 @ 5:30am

    Re:

    I guess they always try to avoid backlashes. But, as they say in america, shit happens. Sometime it is a case of underestimation.

     

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  5.  
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    Anonymous Coward, Dec 8th, 2009 @ 5:34am

    Re:

    Well...... what about the potential 100s of millions of potential users. Pretty big market to be skipping (After all Yahoo is a commercial enterprise). Also, language and widespread censoring necessitate having some kind of base there.

     

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  6.  
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    Dementia (profile), Dec 8th, 2009 @ 5:35am

    Re:

    Wow, really??? And we thought the internet was actually under US jurisdiction!!

    /sarcasm

     

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  7.  
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    Anonymous Coward, Dec 8th, 2009 @ 5:40am

    Do you sleep at all?

    Time stamps of your posts: 11:50 PM, 1:50 AM and 4 AM. Do you sleep at all? Must be the most hard working blogger in the silicon valley! (Or do you just preload the stories and schedule them to be published at a pre-specified time?)

     

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  8.  
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    Anonymous Coward, Dec 8th, 2009 @ 5:58am

    Re: Do you sleep at all?

    Not sure he does, because Mike still hasn't managed to release a story on a weekend or a holiday.

     

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  9.  
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    Robert Ring (profile), Dec 8th, 2009 @ 6:18am

    Re: Re:

    Yeah, for large companies, despite China's heavy-handed government, it's really too big a market to overlook.

     

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  10.  
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    Esahc (profile), Dec 8th, 2009 @ 8:17am

    Re: Do you sleep at all?

    Your point? That's a very common practice among bloggers. Welcome to the Internets.

     

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  11.  
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    interval, Dec 8th, 2009 @ 8:38am

    Re:

    "Mike, take this one as a lesson - US law isn't the start and end of the internet."

    What a stupid comment.

    As an aside, another worthless comment, a personal opinion, I don't care who's law is in play; selling (potential) customers down the river to murderous, despotic governments is the height of slimy behavior. I don't care what your opinion of US law is. And let me ask YOU, anonymous assh*le, when they kick in your front door, how you gonna go? Will you take Mike to task again about US law?

     

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    WammerJammer (profile), Dec 8th, 2009 @ 9:31am

    Who's global?

    Seems to me thet only global economy going on is in the United States. We're sending all of our money, jobs and future to China and other countries. None of the other countries involved in the WTO have the same laws in the area of civil rights that we do in the United States.
    Several of them are still the same restricting dictatorial societies that they were before. In other words if you do business anywhere but your own country you have no rights.
    What a stupid system and as far as I am concerned China can go to hell and remain the idiots they have always been.
    We in the United States have killed over a million Chinese in the quest to make them and their allies accept basic human rights. To do business with such a monster is idiotic because they are the enemy. If any country killed a million Americans I can guarantee they would be nuked. But China is crafty as they take over an area and then kill the dissidents. Then they steal the resources. In the case of the enemy called the United States they will manufacture poisonous products (like toys and home products, like sheetrock) that will kill us slowly or make us so sick that we are weakened and easy to conquer. Then to completely destroy us they will buy our debt. Then they control our very economy.
    Conquest 101!
    I always believed that the only reason that disgraced President Nixon opened relations with China was for revenge against the country that took him down. Nixon didn't care about the people of the United States, he was a criminal and wanted revenge against the United States and this was his final betrayal.
    What galled me about that deal was the people of the United States didn't and still don't have anything to say about any agreements with China.
    Did the government of the United States ask my or any other citizen's permission before selling our entire future family line(s) into slavery to the Chinese to pay off the debt?
    What will happen to unions and workers rights when the Chinese make unreasonable demands for the renewal of the loans? They have no workers rights. You screw up there and you get hung publicly.
    What will happen to our economy when the Chinese own the other continents. They are already making future energy deals with known enemies of the United States. We have become just another one of their business interests and we all know from past experience that we shouldn't take it personally because it's only business.
    Now our own Secretary of State says publicly what China scripted for her to say which was that Human Rights was no big deal and we needed to concentrate on the economy.

    Not Me!!! I'm concentrating on watching the skies for the Chinese paratroopers. I am ready to take a bunch of them with me, because they are the enemy. They were the enemy in the Korean War and still are the main backers of North Korea. They were the enemy and backers of the Vietnam /Cambodian war and still use their military might to back those regions.
    We betray the brothers and friends we lost in those conflicts because of our continued business with China. They are not our friend and will never be. Just like the Soviet Union. The cold war is over!!!

     

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  13.  
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    Benjie, Dec 8th, 2009 @ 9:32am

    Court Order

    Same argument could be made about US Laws. Ma'b and ISP shouldn't work with a judicial order to obtain info on a user because the ISP doesn't agree with the law.

    All laws are the same, it doesn't matter who makes them. If you cherry pick the laws you like, then you're not following the law and you're an anarchist.

     

    reply to this | link to this | view in thread ]


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