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| Barnes v. Yahoo!, Inc. ： ウィキペディア英語版 |
Barnes v. Yahoo!, Inc.
''Barnes v. Yahoo!, Inc.'', 570 F. 3d 1096 (D. Or. Nov. 8, 2005), is a United States Court of Appeals for the Ninth Circuit case in which the Ninth Circuit held that Section 230 of the Communications Decency Act (CDA) rules that Yahoo!, Inc., as an Internet service provider cannot be held responsible for failure to remove objectionable content posted to their website by a third party. Plaintiff Cecilia Barnes made claims arising out of Defendant Yahoo!, Inc.'s alleged failure to honor promises to remove offensive content about the plaintiff posted by a third party. The content consisted of a personal profile with nude photos of the Plaintiff and her contact information. The United States District Court for the District of Oregon had dismissed Barnes' complaint.
==Facts and Procedural History==
In 2004, Cecilia Barnes ended a relationship with her boyfriend. Following the breakup, her now ex-boyfriend tried to harass her by creating multiple unauthorized Yahoo! profiles about her that included solicitation to engage in sexual intercourse.〔Anderson, Nate, ("For a good time, call..." Is Yahoo liable for sex graffiti? ), Ars Technica (May 8, 2009).〕 These profiles seemed like they came from Barnes herself and contained nude photographs of her that were taken without her knowledge as well as her real contact information. The ex-boyfriend also pretended to be Barnes in several Yahoo! chat rooms, in which he directed men to the profiles that he created of Barnes. As a result of her ex-boyfriend's actions, Barnes started getting phone calls, emails, and even office visits from various men who expected to have sex with her.〔''(Yahoo!'s Notice of Removal to Federal Court )'', No. 0505-05520 (D. Or. Jun. 23, 2005).〕
Following Yahoo!'s policy, Barnes emailed Yahoo! to have the fake profiles removed. She sent them a copy of her photo ID and a signed statement explaining that she did not create those profiles and requesting their removal.〔 However, she received no response and unknown men still continued to contact her. Barnes then made another request to Yahoo! by mail to take down the profiles. Receiving no response from either of her initial requests she sent two more requests, but still received no response.〔 Eventually, just before a local news program was going to air a report on her story, Yahoo! finally responded.〔 Barnes received a call from the Director of Communications, who instructed her to fax over the same information she had previously sent and told Barnes that she would "personally walk the statements over to the division responsible for stopping unauthorized profiles and they would take care of it." Barnes claims that she trusted the director, so she stopped worrying about the issue.〔
Two months after that, the profiles still remained online and Barnes had not heard anything back from Yahoo! ever since the Director of Communications told her that the issue would be resolved.〔 In response, Barnes decided to file a lawsuit against Yahoo! in the district court in Oregon. It was not until she sued Yahoo! that the profiles were removed from the website.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Barnes v. Yahoo!, Inc.」の詳細全文を読む
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