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Could the exposed users sue Yelp? It doesn't seem like Yelp fulfilled their duty to protect them if they failed to respond to the subpoena.

by NoPiece 13y ago

ErsatzVerkehr 13y ago
Does Yelp have any duty to "protect" them?
- TheCraiggers 13y ago
  Most of the EULAs / privacy agreements that I've bothered reading typically state that they will not share your private info with any 3rd party, but may share it with law officers as part of a criminal investigation. Also, as I understand it, I can sue anybody for just about any infraction- imagined or otherwise. Doesn't mean I would win, of course, but that's beside the point. IANAL, don't use Yelp, have never read their agreements, and don't know if this situation could even be construed to be a criminal investigation.
  - Domenic_S 13y ago
    > may share it with law officers as part of a criminal investigation Isn't this a civil investigation?
    - deleted 13y ago
      [deleted]
stonemetal 13y ago
>We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us Their privacy policy is very easy on the courts.
- objclxt 13y ago
  > Their privacy policy is very easy on the courts In fairness to Yelp, their privacy policy can hardly say "we won't give your data up in response to a subpoena", because if the subpoena was legitimate they'd be in contempt. Yelp can certainly challenge the validity of a subpoena, but that's not something they would be putting in a privacy policy.
  - stonemetal 13y ago
    I would be on their side if it said "good faith belief that such investigation or disclosure is reasonably necessary". That is to say they would defend against frivolous nonsense (and perhaps lose making it necessary). It would be nice to know they had something akin to a spine.
eurleif 13y ago
IANAL, TINLA, but I think the SCA, 18 USC § 2703(e) would protect them from being sued. http://www.law.cornell.edu/uscode/text/18/2703#e http://www.law.cornell.edu/uscode/text/18/2703#e

Could the exposed users sue Yelp? It doesn't seem like Yelp fulfilled their duty to protect them if they failed to respond to the subpoena.

by NoPiece 13y ago

Could the exposed users sue Yelp? It doesn't seem like Yelp fulfilled their duty to protect them if they failed to respond to the subpoena.

ErsatzVerkehr 13y ago

Does Yelp have any duty to "protect" them?

TheCraiggers 13y ago
Most of the EULAs / privacy agreements that I've bothered reading typically state that they will not share your private info with any 3rd party, but may share it with law officers as part of a criminal investigation. Also, as I understand it, I can sue anybody for just about any infraction- imagined or otherwise. Doesn't mean I would win, of course, but that's beside the point. IANAL, don't use Yelp, have never read their agreements, and don't know if this situation could even be construed to be a criminal investigation.
- Domenic_S 13y ago
  > may share it with law officers as part of a criminal investigation Isn't this a civil investigation?
  - deleted 13y ago
    [deleted]

stonemetal 13y ago

>We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us Their privacy policy is very easy on the courts.

objclxt 13y ago
> Their privacy policy is very easy on the courts In fairness to Yelp, their privacy policy can hardly say "we won't give your data up in response to a subpoena", because if the subpoena was legitimate they'd be in contempt. Yelp can certainly challenge the validity of a subpoena, but that's not something they would be putting in a privacy policy.
- stonemetal 13y ago
  I would be on their side if it said "good faith belief that such investigation or disclosure is reasonably necessary". That is to say they would defend against frivolous nonsense (and perhaps lose making it necessary). It would be nice to know they had something akin to a spine.

eurleif 13y ago

IANAL, TINLA, but I think the SCA, 18 USC § 2703(e) would protect them from being sued. http://www.law.cornell.edu/uscode/text/18/2703#e http://www.law.cornell.edu/uscode/text/18/2703#e