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Communication Law Keyed to Benjamin, 2nd Ed.
Barnes v. Yahoo!, Inc.
Citation:
570 F.3d 1096 (2009)Facts
In late 2004, Cecilia Barnes ended a relationship with her boyfriend, who retaliated by creating unauthorized profiles of her on Yahoo’s website. These profiles contained nude photographs of Barnes taken without her knowledge, her contact information, and implied solicitations for sexual encounters. The ex-boyfriend also posed as Barnes in Yahoo chat rooms, directing men to the fake profiles. As a result, Barnes began receiving unwanted emails, phone calls, and personal visits from strangers expecting sexual encounters. Following Yahoo’s policy, Barnes sent multiple written requests for removal of the profiles, but received no response for months. Eventually, Yahoo’s Director of Communications called Barnes and promised to personally ensure the profiles would be removed. Barnes relied on this promise and took no further action. When Yahoo still failed to remove the profiles after two months, Barnes filed suit. Only after the lawsuit was filed did Yahoo finally remove the content.
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