Yahoo is
facing a legal challenge after it handed over the name of one of its customers
to the Chinese authorities.
Wang Xiaoning is currently serving a 10-year sentence in a Chinese forced
labour prison for posting pro-democracy articles on the internet and calling for
multiparty democracy in his country.
Yahoo Hong Kong handed over his account details when asked by the Chinese
authorities, enabling him to be arrested.
"In or around the Spring of 2002 Yahoo Inc signed an official voluntary
agreement that had the effect of directly involving Yahoo in the censoring and
monitoring of online content and communication by its Chinese users," the suit,
filed by Wang's wife Yu Ling, states.
"By signing, Yahoo Inc voluntarily agreed to help monitor and censor
electronic communication use involving information that, according to the
Internet Society of China, could 'jeopardize state security' or 'disrupt social
stability', and to report any offending online expression or communication to
the People's Republic of China authorities."
The suit, filed under the Alien Tort Claims Act and the Torture Victims
Protection Act, is the first to bring Western companies to account for handing
over the names of customers to the Chinese police.
"Establishing the civil liability of torturers and other human rights abusers
in US courts is an important method to prevent impunity and promote
accountability because it is a remedy that can be invoked directly by survivors
without the need for action by governments, as is the case with invoke criminal
sanctions, and because it provides a way for abuses to be documented and
confirmed in a court of law," said the
World
Organisation for Human Rights, which helped Yu Ling file the case in the US.
Human rights organisations have been sharply critical of the way
Yahoo,
Microsoft and Google have cooperated with the Chinese authorities either by
censoring the information they provide or handing over user details to the
authorities.
Google founder Sergey Brin has said he
regretted the
decision to do so, but will
carry on anyway.
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