Menu
Judge classifies as class action an email scanning lawsuit against Yahoo

Judge classifies as class action an email scanning lawsuit against Yahoo

Plaintiffs allege that by scanning emails of people who don't use Yahoo Mail, the company violates federal and California wiretapping laws

Yahoo's new Mail, as pictured on Oct. 18, 2013.

Yahoo's new Mail, as pictured on Oct. 18, 2013.

A lawsuit that alleges Yahoo's email scanning practices are illegal can proceed as a class action complaint, a development that will shine the spotlight on the Yahoo Mail use of messages' content for advertising purposes.

Plaintiffs allege that emails sent to Yahoo Mail users by people who do not have Yahoo Mail accounts are scanned by Yahoo in violation of federal and California wiretapping laws.

In a decision Tuesday evening, Judge Lucy Koh said all U.S. residents who are not Yahoo Mail subscribers but who have sent emails to or received emails from a Yahoo Mail subscriber between Oct. 2, 2011, and now may sue the company.

California residents who are not Yahoo Mail subscribers but who have sent emails to or received emails from a Yahoo Mail subscriber between Oct. 2, 2012, and now may sue the company, according to the judge's filing in the U.S. district court in the northern district of California.

The plaintiffs, who filed for class certification on Feb. 5, allege Yahoo copies the entirety of emails, extracts keywords, and reviews and extracts links and attachments, in violation of the federal Stored Communications Act and California's Invasion of Privacy Act.

Yahoo, in its FAQ on Mail, says that its automated systems scan and analyze all incoming and outgoing messages to detect, among other things, certain keywords, partly to provide interest-based ads but also to detect viruses and malware.

The lawsuit alleges Yahoo provides no mechanism for non-Yahoo Mail users to opt out of Yahoo's scanning practices.

A Yahoo spokeswoman declined to comment.

In her decision, Judge Koh sought to distinguish the case from a previous and similar one over which she presided in 2014 in which she refused to grant class action status on behalf of Gmail and non-Gmail users, because it was too difficult to determine which users agreed to Google's scanning practices.

In Yahoo's case, plaintiffs seek injunctive relief requiring Yahoo to stop scanning the emails of non-Yahoo Mail users without their consent, and to identify everyone with whom Yahoo has shared or sold information or data collected from non-subscribers' emails, according to the court document.

Daniel Girard and Larry D. King, attorneys for the plaintiffs, did not immediately respond to requests to comment.

Zach Miners covers social networking, search and general technology news for IDG News Service. Follow Zach on Twitter at @zachminers. Zach's e-mail address is zach_miners@idg.com


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags privacyinternetadvertisinglegalMailYahooInternet-based applications and servicesCivil lawsuits

Events

Featured

Slideshows

Meet the Reseller News 30 Under 30 Tech Awards 2020 winners

Meet the Reseller News 30 Under 30 Tech Awards 2020 winners

This year’s Reseller News 30 Under 30 Tech Awards were held as an integral part of the first entirely virtual Emerging Leaders​ forum, an annual event dedicated to identifying, educating and showcasing the New Zealand technology market’s rising stars. The 30 Under 30 Tech Awards 2020 recognised the outstanding achievements and business excellence of 30 talented individuals​, across both young leaders and those just starting out. In this slideshow, Reseller News honours this year's winners and captures their thoughts about how their ideas of leadership have changed over time.​

Meet the Reseller News 30 Under 30 Tech Awards 2020 winners
Reseller News Exchange Auckland: Beyond the myths — how partners can master cloud security

Reseller News Exchange Auckland: Beyond the myths — how partners can master cloud security

This exclusive Reseller News Exchange event in Auckland explored the challenges facing the partner community on the cloud security frontier, as well as market trends, customer priorities and how the channel can capitalise on the opportunities available. In association with Arrow, Bitdefender, Exclusive Networks, Fortinet and Palo Alto Networks. Photos by Gino Demeer.

Reseller News Exchange Auckland: Beyond the myths — how partners can master cloud security
Reseller News welcomes industry figures at 2020 Hall of Fame lunch

Reseller News welcomes industry figures at 2020 Hall of Fame lunch

Reseller News welcomed 2019 inductees - Leanne Buer, Ross Jenkins and Terry Dunn - to the fourth running of the Reseller News Hall of Fame lunch, held at the French Cafe in Auckland. The inductees discussed the changing face of the IT channel ecosystem in New Zealand and what it means to be a Reseller News Hall of Fame inductee. Photos by Gino Demeer.

Reseller News welcomes industry figures at 2020 Hall of Fame lunch
Show Comments