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MySpace Suicide Indictment May Set “Scary” Precedent

Written on
May 16th 2008
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by Kathleen  |
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myspace_crimescene_small.jpgADOTAS – The Missouri woman who allegedly masterminded a hoax on MySpace that led to a 13-year-old girl’s suicide has been indicted in Los Angeles, and the case has serious implications for the Web at large, experts say.

Prosecutors are using a computer law that was drafted decades ago that could make a felon out of anybody who violates the terms of any Web site, Wired reports.

“This is a novel and extreme reading of what [the law] prohibits,” Jennifer Granick, civil liberties director at the Electronic Frontier Foundation, told Wired. “To say that you’re violating a criminal law by registering to speak under a false name is highly problematic. It’s probably an unconstitutional reading of the statute.”

Lori Drew, 49, allegedly helped create a MySpace profile for a fictitious 16-year-old boy, Josh Evans. “Josh” (three people allegedly posed as Josh) proceeded to woo and then reject Megan Meier, a neighbor and ex-friend of Drew’s daughter. In his final missive “Josh” told Megan the world would be better without her – she hanged herself at home soon after.

When the press got wind of the story, a countrywide backlash against cyber-bullying ensued, putting pressure on federal prosecutors to build a water-tight case against Drew. One major problem: there’s no federal law on the books against cyber-bullying. To sidestep the issue, prosecutors charged Drew with unauthorized access to MySpace and violation of the site’s guidelines, which require users to accurately represent themselves. Harassment and targeting minors is forbidden.

“Empowering terms of use to be key pieces of evidence in criminal matters — when terms of use are generally thought of by the people who are entering into them as purely contract or civil maters — is something that should be done carefully,” Andrea Matwyshyn, law professor at the University of Pennsylvania’s Wharton Business School, told Wired. “I think you’re going to have strong disagreement as to whether this is an advisable course to take.”

“I think there is such an extreme reading here, and I do think it’s dangerously flawed for other cases,” Granick told Wired. “I think it’s scary and it’s wrong and something should be done about it.”

Drew was indicted by a federal grand jury on one count of conspiracy and three counts of accessing protected computers to track and inflict emotional distress on Megan. Drew denies the charges and any wrongdoing and plans to challenge the indictment. Each count carries a maximum penalty of five years in prison.

Technically, Megan was too young to have a MySpace account under the company’s official guidelines, but her parents said that they closely monitored her use of the site and even raised red flags over her relationship with “Josh.”

MySpace released a statement saying that it “does not tolerate cyber-bullying and is cooperating fully with the U.S. attorney in the matter.” Both Megan and MySpace are named as victims in the case.



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