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August 27, 2007 4:37 PM PDT
Yahoo files to dismiss China human rights suit
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The case hinges on a lawsuit filed in April in the U.S. District Court for Northern California. Plaintiffs Shi Tao, Wang Xiaoning--two pro-democracy advocates--and Yu Ling (Wang's wife) charged Yahoo and its Hong Kong subsidiary with allegedly divulging information about their online activity and pro-democracy writing to Chinese authorities, an act that ultimately caused their arrest and prosecution, according to the filing. Both men were sentenced to 10 years in prison.
In a 51-page motion to dismiss, filed with the district court, Yahoo argued that the case has no merit.
"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," according to Yahoo's motion.
The motion is the latest development in a long-running dispute over the responsibilities of U.S. Internet companies in general to protect the anonymity of users in the foreign countries where they operate. Yahoo Hong Kong is a focus of the case because at the time of the plaintiffs' Internet activity, Sunnyvale, Calif.-based Yahoo was the sole owner of that subsidiary; but now, Chinese company Alibaba holds a majority stake in that company.
Yet Yahoo is not alone in facing these kinds of complaints: Google, Microsoft and other U.S. Internet companies have come under fire for their policies of cooperating with the Chinese government in recent years.
According to Monday's filing, Chinese journalist Shi, a reporter at Contemporary Business News in mainland China, was prosecuted after he e-mailed foreign reporters information issued by the Chinese government warning of possible trouble around the anniversary of the 1989 Tiananmen Square protests. Shi sent the document through an anonymous account, but the authorities tracked him down because Yahoo's Hong Kong subsidiary allegedly supplied an IP address connecting a PC to a message containing his information. The government considered the content of the e-mail a "state secret," according to the filing.
Shi was arrested in November 2004 and pleaded guilty to the charges four months later. He's currently serving a 10-year sentence in a prison known for abusive treatment of prisoners, according to the filing.
Shi's co-plaintiff, Wang, also worked as an editor at a pro-democracy publication in mainland China, before being imprisoned by the government for "incitement to subvert state power," according to the filing. He was convicted in July 2003 and sentenced to 10 years in prison. His wife is suing Yahoo and its subsidiary because she has endured "severe psychological and emotional suffering" as a result of the detention, according to the filing.
Yahoo spokeswoman Kelley Benander said the company is a strong believer of human rights and it respects freedom of expression and privacy around the world. But she said that the case is about a political and diplomatic issue, and not about a legal issue.
"Yahoo deeply sympathizes with the plaintiffs and their families and does not condone the suppression of their rights and liberty by their government," according to the filing.
"But Yahoo has 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," according to the filing. "Neither (Yahoo company) can be held liable for the independent acts of the PRC just because a former Yahoo subsidiary in China obeyed a lawful government request for the collection of evidence relevant to a pending investigation."
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to be able to get a bite of the Chinese market.... (That was ironic).
Yahoo's downstep on human rights open ways into the Chinese
government continued choke on civil society in China.
Yahoo is chicken. Can't they withold their service in violently oppressive regimes? I guess not.
I am actually surprise the US court is taking the case, that is a waste of court time and tax payer money.
For people in most western countries, democracy and freedom of speech is taken for granted, but that is not the case in every countries in the world, and definitely not in China today. People living in China, especially those openly voicie their political point of view publicly, either through newspaper, radio or the internet, are well aware of the risk. They are well educated and couragous, but they can't expect other people in China (eg. local people working for Yahoo China) to risk their life/career for them. Not everyone are willing to go that far.
And for the two person filing the case, after being 'defeated' by the China government, try shifting the battle field to US court and get $$ from a US company, nice try.
As far as i am concerned i consider providing information to an
repressive government that would lead to arbitrary degrading
treatment is just plain ethically wrong on this type of matter. We
are not talking about terrorism but about people doing what
transparency.org type of organization would state.
Click on the take online action if you wish to send an online letter. Down with Yahoo!
The real bad guy here is the Chinese government not Yahoo. The Chinese people will have to take back power from their government, US companies can't fight their battles for them. Yahoo not complying would be no better than someone saying here that just because they don't like the law that they are somehow entitled to just go break it. That is called anarchy.
Put simply the laws need to be changed, and that is far outside the realm of what Yahoo is even capible of doing. You want to put real pressure on China to mend their ways, boycott them. The USSR fell due to bad finances, that's how you need to put pressure on China.
You just can't hold a US company liable for the conduct of a forign nation. They are just as bound by local laws as any of us would be if we went there.
Do you think that foreign companies operating in the US should obey US law, or the laws of their own country?