FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. We all have heard about how privacy can be compromised in the new high-tech world. But the level to which people can…

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Technologist Adam Ramirez

It’s always refreshing to see companies take affirmative steps to try and protect users from malicious programs that can be inadvertently downloaded onto their computers.  Yahoo and McAfee are joining forces to unveil a new security feature designed to warn Yahoo users about potentially dangerous links to software such as adware, spyware, keystroke loggers, and other malicious programs.  Yahoo users will see a red exclamation point and a warning next to any links that McAfee has identified as containing harmful software.

It’s a good start and is one more weapon in the fight against increasingly sophisticated hi-tech criminals.  However, it’s only a matter of time before this new service becomes the target of lawsuits by companies who are identified as “false positives.”  That is, legitimate companies whose links are mistakenly identified as being malicious.

Remember the “real-time blackhole list (“RBL”)?”  This was a Mail Abuse Prevention Service (MAPS) which published lists of ISP addresses which were known to be associated with spammers.  A network could then filter out any questionable e-mail traffic and it would disappear in a metaphorical “black hole” and never reach its destination.

This prompted lawsuits from companies (who called themselves “e-mail marketers”) against RBL providers who claimed that they were being defamed by being erroneously or improperly included on these lists.   (They also included “false light” and restraint-of-trade claims.)  While most suits were dismissed or unsuccessful, they were designed to target and harass RBL providers who devised an otherwise sensible solution to an evergrowing spam problem.

It’s only a matter of time before some disgruntled company sues Yahoo and/or McAfee for being falsely identified to users as a provider of malicious software.  (Due to the Yahoo Terms of Service agreement, users will be unable to successfully sue if some malicious links or sites slip through.)   Still though, despite the threat of lawsuits, Yahoo and McAfee should be commended for trying to develop a solution—however temporary or imperfect—to this problem.  Of course, if any of my clients end up being falsely identified as providers of malicious software, then those companies will hear from me.  Until then, the battle continues.