European ISP Association attacks French Yahoo! decision

The decision by Judge Jean-Jacques Gomez followed a complaint that certain internet auction sites on the Yahoo.com portal were selling Nazi memorabilia. The sale of such items is forbidden under French law, though not under US law. Yahoo!’s French site, at Yahoo.fr, did not host these auctions. However, Judge Gomez was of the view that French nationals should not be able to access a web site that breached French law anywhere on the internet.

EuroISPA said in a statement to European Commissioner Antonio Vitorino:

“The recently adopted European directive on electronic commerce is quite clear. [It] removes liability from intermediaries who act only as a ‘mere conduit’ for access to information and, crucially for privacy and freedom, removes the requirement to actively monitor internet traffic… The European Commission must ensure that the French government lives up to its obligations under the directive.”

The written judgement of the French court has now been released. The decision requires Yahoo!:

"1. to take all necessary measures to dissuade and make impossible any access via yahoo.com to the auction service for Nazi merchandise as well as to any other site or service that may be construed as an apology for Nazism or contesting the reality of Nazi crimes; and

"2. to issue all internet surfers, even before use is made of the link enabling them to proceed with searches on yahoo.com, a warning informing them of the rists involved in continuing to view such sites."