Wang Xiaoning is a Chinese dissident from Shenyang who was arrested by authorities of the People's Republic of China for publishing controversial material online.
In 2000 and 2001, Wang, who was an engineer by profession, posted electronic journals in a Yahoo! group calling for democratic reform and an end to single-party rule. He was arrested in September 2002 after Yahoo! assisted Chinese authorities by providing information. In September 2003, Wang was convicted of charges of "incitement to subvert state power" and sentenced to ten years in prison.
On April 18, 2007, Xiaoning's wife Yu Ling sued Yahoo! under human rights laws in federal court in San Francisco, California, United States.[95] Wang Xiaoning is named as a plaintiff in the Yahoo! suit, which was filed with help from the World Organization for Human Rights USA. "Yahoo! is guilty of 'an act of corporate irresponsibility,'" said Morton Sklar, executive director of the group. "Yahoo! had reason to know that if they provided China with identification information that those individuals would be arrested."
Yahoo!'s decision to assist China's authoritarian government came as part of a policy of reconciling its services with the Chinese government's policies. This came after China blocked Yahoo! services for a time. As reported in The Washington Post and many media sources:
The suit says that in 2001, Wang was using a Yahoo! e-mail account to post anonymous writings to an Internet mailing list. The suit alleges that Yahoo!, under pressure from the Chinese government, blocked that account. Wang set up a new account via Yahoo! and began sending material again; the suit alleges that Yahoo! gave the government information that allowed it to identify and arrest Wang in September 2002. The suit says prosecutors in the Chinese courts cited Yahoo!'s cooperation.
Human rights organizations groups are basing their case on a 217-year-old U.S. law to punish corporations for human rights violations abroad, an effort the Bush administration has opposed:
In recent years, activists working with overseas plaintiffs have sued roughly two dozen businesses under the Alien Tort Statute, which the activists say grants jurisdiction to American courts over acts abroad that violate international norms. Written by the Founding Fathers in 1789 for a different purpose, the law was rarely invoked until the 1980s.
On August 28, 2007, the World Organization for Human Rights sued Yahoo! for allegedly passing information (email and IP address) with the Chinese government that caused the arrests of writers and dissidents. The lawsuit was filed in San Francisco for journalists, Shi Tao, and Wang Xiaoning. Yahoo! stated that it supported privacy and free expression for it worked with other technology companies to solve human rights concerns.
On November 6, 2007, the US congressional panel criticized Yahoo! for not giving full details to the House Foreign Affairs Committee the previous year, stating it had been "at best inexcusably negligent" and at worst "deceptive
Criticism of Yahoo! intensified in February 2006 when Reporters Without Borders released Chinese court documents stating that Yahoo! aided Chinese authorities in the case of dissident Li Zhi. In December 2003 Li Zhi was sentenced to 8 years imprisonment for "inciting subversion".
Main article: Shi Tao
In September 2005, Reporters Without Borders reported the following story. In April 2005, Shi Tao, a journalist working for a Chinese newspaper, was sentenced to 10 years in prison by the Changsha Intermediate People's Court of Hunan Province, China (First trial case no. 29), for "providing state secrets to foreign entities". The "secrets" were a brief list of censorship orders he sent from a Yahoo! Mail account to the Asia Democracy Forum before the anniversary of the Tiananmen Square Incident.
The verdict as published by the Chinese government stated the following. Shi Tao had sent the email through an anonymous Yahoo! account. Yahoo! Holdings (the Hong Kong subsidiary of Yahoo) told the Chinese government that the IP address used to send the email was registered by the Hunan newspaper that Shi Tao worked for. Police went straight to his offices and picked him up.
In February 2006, Yahoo! General Counsel submitted a statement to the U.S. Congress in which Yahoo! denied knowing the true nature of the case against Shi Tao. In April 2006, Yahoo! Holdings (Hong Kong) was investigated by Hong Kong's Privacy Commissioner for Personal Data.
On 2 June 2006, the union representing journalists in the UK and Ireland (National Union of Journalists) called on its 40,000 members to boycott all Yahoo! Inc. products and services to protest the Internet company's reported actions in China.
In July 2007, evidence surfaced detailing the warrant which the Chinese authorities sent to Yahoo! officials, highlighting "State Secrets" as the charge against Shi Tao. The warrant requests "Email account registration information for huoyan1989@yahoo.com.cn, all login times, corresponding IP addresses, and relevant email content from February 22, 2004 to present."[90][91][92] Analyst reports and human rights organizations have said that this evidence directly contradicts Yahoo!'s testimony before the U.S. Congress in February 2006.
Yahoo! contends it must respect the laws of governments in jurisdictions where it is operating.
Li Zhi
Yahoo!, along with Google China, Microsoft, Cisco Systems, AOL, Skype, Nortel and others, has cooperated with the Chinese government in implementing a system of internet censorship in mainland China.
Unlike Google or Microsoft, which keep confidential records of its users outside mainland China, Yahoo! stated that the company will not protect the privacy and confidentiality of its Chinese customers from the authorities.
Human rights advocates such as Human Rights Watch and media groups such as Reporters Without Borders state that it is "ironic that companies whose existence depends on freedom of information and expression have taken on the role of censor
Yahoo! has also been criticized for providing ads via the Yahoo ad network to companies who display them through spyware and adware which display on-screen pop-ups, generated from adware that a user may have installed on their computer without realizing it, sometimes by accepting online offers to download software to fix computer clocks or improve computer security, add browser enhancements, etc. As an example, users who have allowed their machine to become infected with spyware will see advertising pop-ups generated from advertising distributor Walnut Ventures, who had a direct partnership with Direct Revenue
n March 2004, Yahoo! launched a paid inclusion program whereby commercial websites are guaranteed listings on the Yahoo! search engine after payment.[80] This scheme is lucrative, but has proved unpopular both with website marketers (who are reluctant to pay), and the public (who are unhappy about the paid-for listings being indistinguishable from other search results).[81] As of October 2006, Paid Inclusion doesn't guarantee any commercial listing, it only helps the paid inclusion customers, by crawling their site more often and by providing some statistics on the searches that led to the page and some additional smart links (provided by customers as feeds) below the actual url.
4.1 Nazi memorabilia controversy
In 2000, Yahoo! was taken to court in France by parties seeking to prevent French citizens from purchasing memorabilia relating to the Nazi Party. Yahoo! France had already instituted policies preventing the sale of Nazi memorabilia on its site, and prohibiting Nazi-based discussions on its message boards, but the parties sought to have Yahoo! introduce censorship technology to block French citizens from accessing similar material on Yahoo! websites in countries where local laws permitted Nazi related auctions/discussion
Nazi memorabilia controversy
For more details on this topic, see LICRA v. Yahoo!.
In 2000, Yahoo! was taken to court in France by parties seeking to prevent French citizens from purchasing memorabilia relating to the Nazi Party. Yahoo! France had already instituted policies preventing the sale of Nazi memorabilia on its site, and prohibiting Nazi-based discussions on its message boards, but the parties sought to have Yahoo! introduce censorship technology to block French citizens from accessing similar material on Yahoo! websites in countries where local laws permitted Nazi related auctions/discussions