Yahoo Accused Of Stalking Internet Users
Universal Image, as part of its $4 billion lawsuit against Yahoo, has accused the Internet portal of violating the state's anti-stalking law
by tracking computer users without permission.
Universal Image has asked Dallas County Judge David Gibson to rule
that Yahoo violated Texas criminal law through its use of "cookies," or
computer
files that collect data on Internet users. Universal's Chalkboardtalk.com,
which provides educational videos and video content, sued Yahoo on
Dec. 22, 1999 alleging breach of contract, tortuous interference with
contract, conversion, trespass to personal property, fraud, and civil
theft.
Friedman also believes Yahoo violated the Texas Criminal Anti-Stalking
statute. "Yahoo sent cookies to your house," Universal Image attorney
Larry Friedman told Newsbytes. "Those cookies tresspass on your hard
drive without permission. It's like having an electronic eyeball in your
house
watching all your movements on the Internet. It's Big Brother personified."
Earlier this month Gibson ordered Yahoo to provide depositions for the
case. Friedman said a discovery hearing on the depositions and injunction
was scheduled for today. Late last month Friedman was granted a
request for a temporary injunction demanding that Yahoo stop displaying
its privacy policy until the lawsuit was settled.
Yahoo lawyers could not immediately be reached for comment.
The lawsuit seeks $1 billion in actual damages and $3 billion in
punitive damage.
The lawsuit claimed Yahoo didn't fulfill its contractual obligation to
provide personal-profile data it collects from its users. Friedman says
Yahoo's privacy policy is in direct conflict with terms of the 1998
contract with Internet movie house Broadcast.com, a company Yahoo
acquired last July.
Yahoo's 11-point privacy policy remains posted.
Friedman said Universal claims it is entitled to user data voluntarily
given up when an individual visits the site: name, address, e-mail
address, type of computer, modem speed and other information. He
said Yahoo at first provided that data but gradually cut back on the
amount.
The Yahoo privacy policy can be found at
http://docs.yahoo.com/info/privacy/.