Cecilia Barnes is suing Yahoo over fake profiles that her ex-boyfriend set up to harass her.
A woman sued Yahoo Inc. for $3 million, alleging the Internet site failed to fulfill a promise to remove nude pictures of her from the Web.Cecilia Barnes, 48, in a lawsuit filed Tuesday in Multnomah County, claims an ex-boyfriend began posting unauthorized personal profiles of her containing the photos in December. The profiles included her e-mail address and work phone number.
The former boyfriend also engaged in online discussions in Yahoo chat rooms while posing as Barnes and directing men to the profiles, the lawsuit claims."Due to these profiles and online chats, unknown men would arrive without warning at plaintiff's work expecting to engage in sexual relations with her," the lawsuit claims.
The key seems to be that Yahoo didn't remove the profiles when they were asked to. 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?
Update:
The Blog News Channel says that the woman sent letters to Yahoo in January, February, and March. Actual physical letters? I wonder if emails would have worked better or worse?
I think the point about only Yahoo! and the offender being able to remove the profiles is key. The telephone pole analogy only works if you assume the electric company not only allows people to post signs on its poles, but then hires armed guards to prevent anyone else from taking them down.
I am convinced that no one works for Yahoo! in any kind of tech support or customer support department. Except maybe one really overwroked guy named Ted who comes in once a week to filter thorugh 17,000 e-mails and laugh maniacally at all of us who have issues.
And I can see that her sending a letter is better proof of contact than an e-mail. Esp. if sent certified mail.
The telephone or electrical company pole analogy is also additionally weak in that there is no way that the boyfriend could "cause as much havok" by posting the same info on poles. Obviously, many more people view the Internet daily than bother to read notices - whether legal or not - on utility company poles.
Where are these pics? I mean, come on. The proof's in the pudding baby, lets go with the pics!
I think the point is that the men were coming for sexual relations and I only provided oral stimulation which we all know is NOT considered sexual relations. Therefore the profile was wrong and Yahoo! don't read their mail. Oh and also I would like $3m.
Cecilia: Shouldn't you have a Yahoo email address?
I think the point at issue is that a Yahoo! worker promised that she would remove the pictures, which she turned out not to have the power to do. I would think that Ms. Barnes would only be able to sue over the dashed hope that her picture would come down.