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| French Blocked from Yahoo! Net Auctions |
| In May a French judge ordered Yahoo! to block access to areas of its web site selling Nazi-related goods. The case, which raises complex issues regarding the jurisdiction of national courts over global Internet companies, has recently been upheld. |
When Justice Jean-Jacques Gomez instructed Yahoo! to install filters on its auction site to prevent access to anti-Semitic memorabilia earlier this year, Yahoo! claimed that these systems simply did not work. Plaintiffs, including the Jewish Student Group UJEF and the League Against Racism and Anti-Semitism however were unfazed, claiming that any action taken to prevent access to the offensive material was better than none at all. |
Affirming his May decision, Gomez recently ordered Yahoo! to implement a series of filters which enabled blocking by IP address, keywords and facilitated self-identification of geographic location. This three-part system is in line with the recommendations of a court-appointed expert panel formed to investigate the functionality of filtering technologies. As a result of the decision, Yahoo! must install the system within three months or face a fine of 100,000 francs ($13,000) for each day that the site remains unfiltered. |
The case has provoked widespread debate regarding the applicability of local laws to foreign companies with a global Internet presence. Yahoo! claims that its US parent company should not be subject to French law. Moreover it asserts that it has complied with French law by prohibiting the sale of Nazi-memorabilia on its French web site, www.yahoo.fr Yahoo has stated that it is currently reviewing the decision and may choose to appeal in France or fight it out in US courts. Given the strong free speech protections in the US it is questionable whether a court in the United States would agree to the French decision. |
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