Yahoo May Be Facing Suit Over Chinese Journalist

WindBourne wrote to mention a story covered by Forbes, detailing a possible suit against Yahoo! as a result of their involvement in a Chinese Journalist's jailing. From the article: "Zhang Yu, representing the family of Shi Tao, said they were considering taking Yahoo Hong Kong Holdings to court either here or in the United States. 'We believe what (Yahoo) did was illegal so we are considering taking Yahoo to court,' Zhang told reporters, adding that Yahoo had refused to discuss the matter with him. "

Comments

If it happens, I hope Yahoo! loses.

[Dorsai65]

That would serve as an example that hits those companies where it'll get their attention: in their wallets.

All of them claim they're in China because they have to be 'responsible' to their shareholders and make a profit; if the bad press from giving up names of 'dissidents' or other 'troublemakers' doesn't bother them, then the lost cash that results from lawsuits may convince them that morals and ethics aren't just abstract concepts.

All any of Google, Microsoft, or Yahoo! had to do was get creative about having trouble finding/retrieving the info the Chinese government was after, and delay it for as long as possible; surely they have some experience with that in dealing with the Chinese officials?

It is forbidden

[digitaldc]

From the Chinese Constitution to 2004 here we have some selected excerpts.
(Try to imagine this being read aloud to you through a megaphone.)

Article 28 [Public Order] The State maintains public order and suppresses treasonable and other criminal activities that endanger State security; it penalizes actions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals.

Article 40 [Correspondence] The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.

Article 41 [Freedom of Speech] (1) Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty; but fabrication or distortion of facts for the purpose of libel or frame-up is prohibited. (2) The state organ concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposure, or retaliate against the citizens making them. (3) Citizens who have suffered losses through infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law.

Article 53 [Obedience to the Constitution] Citizens of the People's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, and observe labor discipline and public order and respect social ethics.

Article 54 [Integrity of the Motherland] It is the duty of citizens of the People's Republic of China to safeguard the security, honor, and interests of the motherland; they must not commit acts detrimental to the security, honor and interests of the motherland.