Hunting for some way to bring justice in a very sad case, Missouri federal prosecutors in California are seeking to set a very dangerous precedent in Internet law that could make criminals of us all. By way of background, a 47 year-old mother, Lori Drew, along with her teenager daughter and another teenage girl, befriended online a 13 year-old girl Megan Meier of Dardenne Prairie, Missouri by signing up for a MySpace account under the fake identity of a teenage boy "Josh," all in a cruel hoax to hurt Megan.
"Josh" initially flirted with and then rejected Megan, who suffered from clinical depression, ultimately telling her the world would be a better place without her. Twenty minutes after Megan received the devastating message, she committed suicide.
Public outrage demanded that Lori Drew be held accountable for the tragic death, but prosecutors could find no statute that Drew had violated. Yesterday, however, they charged (PDF of indictment) Drew with one count of conspiracy and three violations of the anti-hacking Computer Fraud and Abuse Act. If convicted on all four counts, Drew could spend 20 years in prison.
While most people rightfully have no pity for the adult Drew, and MySpace itself backs the indictment, legal experts say that the novel interpretation of the law would potentially make a felon out of anybody who violates a site's terms of service. How? Prosecutors stake their claim on the Computer Fraud and Abuse Act saying that Drew committed "unauthorized access" to MySpace's computers, a felony under the Act, by submitting false information when registering and by soliciting personal information from minors, both of which are barred by MySpace's user agreement.
Experts say that this novel claim, if successful, could be used to argue violations of the Fraud and Abuse Act in other cases where a user violates a site's terms of service. The real problem is that website owners can put anything they want into a terms of service agreement, and most of us don't even bother reading them. How many of us have registered for free email accounts under false information and how many of us know whether or not that deception is a violation of the email provider's agreement?
It's a shame what Drew did and let's hope she and her two accomplices have already paid, and will forever pay, a steep price for their inhuman act. But let's also hope that this case doesn't lay the foundation for making criminals of us all.
Cynthia Brumfield at 9:35 AM|Comments(6)
The issue is not the violation of the service of agreement per se, it is the willful fraud by Lori Drew for the specific purpose of harming a child.
Yeah, but she's not being charged with the clearly horrible act of hounding a child, she's being charged with conspiracy and violations of the Computer Fraud and Abuse Act.
I understand it's a little like charging Capone with tax evasion, but we should be careful about supporting a law that could have unintended consequences.
Experts Say MySpace Suicide Indictment Sets 'Scary' Legal Precedent
Posted by: PJ Rodriguez at May 18, 2008 7:54 PM
I don't see why they can't charge her with aggravated manslaughter or something along those line? You hear of cases in the news or on Law and Order where a third party causes a death but not directly and still get charged.
Posted by: Kat at May 17, 2008 5:53 PM
Just because people fail to read the terms of service, and just because many of us have registered for things with false information, doesn't mean it's legal. Ignorance of the law is not an excuse for breaking it, nor is ignorance of the terms of a contract an excuse for violating the contract. If you don't read it, it's your fault, and you're still responsible to keep up the terms of the contract.
Posted by: Kate at May 17, 2008 2:48 PM
The issue is not the violation of the service of agreement per se, it is the willful fraud by Lori Drew for the specific purpose of harming a child. The prosecutors have every right to go after Drew, just as they have a right to go after someone who pretends to be Santa online to harm children. This is a clear case of a malicious conspiracy.
I find Lori Drew to be despicable. That a 47 year old parent would have so little compassion for her mentally ill neighbor is sickening. The fact that she is so morally bankrupt, she would involve her daughter in a conspiracy to hurt and humiliate the Megan Meier, demonstrates that she has a criminal mind. What is the big lesson Drew was trying to teach her daughter? Lie, manipulate, cause harm (in this case death) and then cover tracks and run. Lori Drew is an unfit mother.
Posted by: Bart at May 17, 2008 2:03 PM
Jacob,
Your arguments would carry a lot of water if...you didn't wish such a horrible tragedy to befall me. Right at the outset that undercuts anything you have to say. I too have a teenage daughter and I must say I thought twice about even publishing your comment because you seemed to wish ill on someone so dear to me.
I would never wish this to happen to anyone, I wouldn't wish it for your daughter and I wish it didn't happen in the first place to Megan.
Having said that, people should not be left criminally culpable for violating terms of service. I could, right now, impose a terms of service agreement and make it a violation of your user agreement to wish ill upon my child. Granted the First Amendment right to free speech probably outweighs anything I would put into my terms of service.
And that's precisely my point. Private website owners shouldn't be laying the foundation for criminal prosecutions simply based on what they deem best for their businesses. That's what happening in this case because the prosecutors are frustrated in finding any other way to get at Drew.
Maybe the object lesson in this is that we need to think about new laws regarding cyberbullying, laws that would punish someone like Drew. If we had tailored laws that held people accountable for false and malicious taunting, that would be a better solution than to give private website owners the power to determine legal and illegal acts on the Internet.
Posted by: Cynthia Brumfield at May 16, 2008 9:49 PM
When I read things like this -- and I am really really one of the most liberal people you will ever meet -- I wish the blogger could/would eventually walk a mile in the shoes of the victim and their family.
No, really. I wish the exact same tragedy for you dear blogger - then have you examine your "let's hope she paid cause she may feel guilt and everyone hates her" thought process. Are you joking? You think Lori Drew feels anything other than the horror of being caught? Just simply from the various accounts, my friends and I have read (including some psychologist pals of mine) she'd have been back pretending to be some teen in six months. We actually wonder if she didn't go into local chat rooms in her state to see what the reaction was from other teams. She was obviously getting such a high from her "disguise" or "other self".
When I read about Lori Drew's act, I wondered how many seconds would pass before someone would claim she was actually an artist performing a piece; or that it was her right of free speech. OR that if SHE gets in trouble for pretending to be someone else, we'll bring on the "Patriot Act" for internet users.
Lori Drew SOUGHT OUT this little girl who she and her daughter and daughter's friend knew was a depressive and taunted her into a more depressed state. That's stalking & bullying/abusive behavior at the very least.
EVERYONE who lies on a website knows they are taking a chance. WHY WOULD YOU LIE on a website anyway? Okay, you want some anonymity or don't want to send your personal (birthdate, etc) info onto the web. That's rational - but EVERY intelligent person knows -- even if you don't read the full agreement for the site, that you are taking a chance. HOWEVER . . .
In your guise on the local chat site, would you seek out a thirteen year old and verbally torment her? If you do you should be prosecuted just like the fake profile-creators on Facebook who troll for children.
I have a 14 year old daughter. Those people are real. Lori Drew got SUCH A HIGH from her little game. Imagine how ecstatic she was as she got to relive her teens but this time with power. Then taking it a step further . . . what if she went after YOUR daughter.
Hey Brumfield, yell Fire in a crowded theater. It's fraudulent - but you shouldn't be punished for your little game even if people get hurt. That would impinge on everyone's rights - now go stalk some teenagers . . . that's fun too. It's your right. Right?
Posted by: Jacob at May 16, 2008 5:55 PM
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