[LINK] cyberspace suicide case decided

[Jan Whitaker]

http://www.huffingtonpost.com/2008/11/26/us-attorneys-office-verdi_n_146710.html

A Missouri mother on trial in a landmark cyberbullying case was 
convicted Wednesday of only three minor offenses for her role in a 
mean-spirited Internet hoax that apparently drove a 13-year-old girl 
to suicide.

The federal jury could not reach a verdict on the main charge against 
49-year-old Lori Drew _ conspiracy _ and rejected three other felony 
counts of accessing computers without authorization to inflict emotional harm.

Instead, the panel found Drew guilty of three misdemeanor offenses of 
accessing computers without authorization. Each count is punishable 
by up to a year in prison and a $100,000 fine. Drew could have gotten 
20 years if convicted of the four original charges.

U.S. District Judge George Wu declared a mistrial on the conspiracy 
count. There was no immediate word on whether prosecutors would retry her.

"I don't have any satisfaction in the jury's decision," said Drew's 
lawyer, Dean Steward. "I don't think these charges should have ever 
been brought."

Tina Meier, the mother of the dead girl, said Drew deserves the 
maximum of three years behind bars.

"For me it's never been about vengeance," she said. "This is about justice."

Prosecutors said Drew and two others created a fictitious 16-year-old 
boy on MySpace and sent flirtatious messages from him to teenage 
neighbor Megan Meier. The "boy" then dumped Megan in 2006, saying, 
"The world would be a better place without you." Megan promptly 
hanged herself with a belt in her bedroom closet.

Prosecutors said Drew wanted to humiliate Megan for saying mean 
things about Drew's teenage daughter. They said Drew knew Megan 
suffered from depression and was emotionally fragile.

"Lori Drew decided to humiliate a child," U.S. Attorney Thomas 
O'Brien, chief federal prosecutor in Los Angeles, told the jury 
during closing arguments. "The only way she could harm this pretty 
little girl was with a computer. She chose to use a computer to hurt 
a little girl, and for four weeks she enjoyed it."

O'Brien, who pronounced the case the nation's first cyberbullying 
trial, said the jury's decision sent a worthy message: "If you have 
children who are on the Internet and you are not watching what they 
are doing, you better be."

Most members of the six-man, six-woman jury left court without 
speaking to reporters. One juror, who identified himself by his first 
name only, Marcilo, indicated jurors were not convinced Drew's 
actions involved the intent alleged by prosecutors.

"Some of the jurors just felt strongly that it wasn't tortious and 
everybody needed to stay with their feeling. That was really the 
balancing point," he said.

The case hinged on an unprecedented _ and, some legal experts say, 
highly questionable _ application of computer-fraud law.

Drew was not directly charged with causing Megan's death. Instead, 
prosecutors indicted her under the federal Computer Fraud and Abuse 
Act, which in the past has been used in hacking and trademark theft cases.

Among other things, Drew was charged with conspiring to violate the 
fine print in MySpace's terms-of-service agreement, which prohibits 
the use of phony names and harassment of other MySpace members.

"This was a very aggressive, if not misguided, theory," said Matt 
Levine, a New York-based defense attorney and former federal 
prosecutor. "Unfortunately, there's not a law that covers every bad 
thing in the world. It's a bad idea to use laws that have very 
different purpose."

Drew's lawyer, Steward, contended his client had little to do with 
the content of the messages and was not at home when the final one 
was sent. Steward also argued that nobody reads the fine print on 
service agreements.

Prosecutors said Drew, her then-13-year-old daughter Sarah and Drew's 
18-year-old business assistant Ashley Grills set up the phony MySpace 
profile for a boy named "Josh Evans," posting a photo of a 
bare-chested boy with tousled brown hair. "Josh" then told Megan she 
was "sexi" and assured her, "i love you so much."

Grills allegedly sent the final, insulting message to Megan before 
she killed herself in the St. Louis suburb of Dardenne Prairie, Mo.

Missouri authorities said there was no state law under which Drew 
could be charged. But federal prosecutors in California claimed 
jurisdiction because MySpace is based in Beverly Hills.

Sarah Drew testified she never saw her mother use the MySpace 
account. But Grills, testifying under immunity from prosecution, said 
she saw Drew type at least one message under the name Josh Evans.

After the suicide, Missouri passed a law against cyber-harassment. 
Similar federal legislation has been proposed on Capitol Hill.

The trial's outcome was a victory for prosecutors despite the lack of 
a felony conviction, said Nick Akerman, a New York lawyer who 
specializes in cases involving the federal computer act.

"What you learned is that the Computer Fraud and Abuse Act is an 
extremely important tool in the federal arsenal against computer 
crime," he said.

MySpace said in a statement that it "respects the jury's decision and 
will continue to work with industry experts to raise awareness of 
cyberbullying and the harm it can potentially cause."

___



Melbourne, Victoria, Australia
jwhit at janwhitaker.com
business: http://www.janwhitaker.com
personal: http://www.janwhitaker.com/personal/
blog: http://janwhitaker.com/jansblog/

Our truest response to the irrationality of the world is to paint or 
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

Writing Lesson #54:
Learn to love revision. Think of it as polishing the silver for 
guests. - JW, May, 2007
_ __________________ _


-- 

Checked by AVG. 
Version: 7.5.549 / Virus Database: 270.9.10/1813 - Release Date: 26/11/2008 8:53 AM