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Barnes v. Yahoo!, Inc.
United States Court of Appeals, Ninth Circuit
570 F.3d 1096 (9th Cir. 2009)
Cecilia Barnes’ ex-boyfriend created false online profiles for her on a website run by Yahoo!, Inc. (Yahoo), and posted nude photos of her along with her work address, work email address, and work phone number. Barnes sent several requests to Yahoo to remove the content. Weeks later, Yahoo’s director of communications informed Barnes that he would take care of removing the content. Months later, the content had not been removed, and Barnes (plaintiff) brought suit against Yahoo (defendant) in Oregon state court, alleging negligent provision or non-provision of services which Yahoo undertook to provide, and promissory estoppel. Yahoo removed the action to federal court. The district court dismissed Barnes’ claims, finding that the Communications Decency Act provided Yahoo with immunity from liability. Barnes appealed.
Rule of Law
Holding and Reasoning (O’Scannlain, J.)
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