So what's the takeaway from the Barnes v. Yahoo, Inc. case? This is the case decided this month involving the dumped boyfriend who posted nude pictures of his ex on Yahoo and impersonated her in various Yahoo chat rooms suggesting she's ready for action. He also posted her contact information. Some people have a hard time moving on. After a slew of not-so-gentleman callers, Barnes contacted Yahoo in accordance with their policies to request removal of the information. Barnes asserts she received a phone call from Yahoo's "Director of Communications" telling her that she would "personally walk [Barnes's request] over to the division responsible for stopping unauthorized profiles and they would take care of it." According to Barnes, it didn't happen. After a few more months, Barnes sued Yahoo. Yahoo asserted that it is immune, under Section 230 of the Communications Decency Act, from any liability for its actions, or lack of action, relating to Barnes.
Barnes sued under two legal theories. But the court gave credence to only one, promissory estoppel, which basically alleges that Yahoo made a promise (to remove the offensive content) which Barnes relied on to her detriment. The court did not accept that Section 230 of the CDA means that Yahoo could not liable to Barnes under a promissory estoppel theory.More...