Judge Likely To Exclude Evidence Of Suicide In Lori Drew Lawsuit

from the makes-at-least-some-sense dept

We've already pointed out how ridiculous it was that prosecutors charged Lori Drew with violating computer hacking laws. It was, quite clearly, a case where prosecutors were stretching the use of the law beyond its intention in order to file any charges in an emotionally-charged case. Drew, of course, is the woman who many people blame for the eventual suicide of teenager Megan Meier. Drew had created a fake MySpace account to see what Meier was saying about Drew's own daughter -- who had been friends with Meier. A few different people had access to the MySpace account, and eventually created a false persona of a boy who became friendly with Meier. In an effort to end things before it went too far, a friend of Drew's daughter tried to cut off conversation by being especially mean to Meier, which may have lead to her committing suicide. Meier's suicide is tragic, no doubt, but to go from there to charging Drew with computer hacking for creating a fake profile would set a very dangerous precedent. It could open up almost anyone to felony charges. No matter what you think of Drew or her actions, it's ridiculous to support this lawsuit.

While the judge in the case decided not to dismiss the case, he apparently has decided that evidence of Meier's suicide will not be allowed in the case. This, at least, is a good decision. The lawsuit itself has nothing to do with the suicide, and allowing it to be used in front of a jury would likely lead to the same emotional response that resulted in the original charges being filed. Of course, with the case getting so much widespread publicity, you'd have to imagine that many jury members will already be familiar with what happened in the case.

Filed Under: computer fraud, evidence, lori drew, megan meier

Judge Not Ready To Dismiss Lori Drew Case

from the needs-more-time-to-think-about-it dept

We've made it clear that we feel the criminal charges filed against Lori Drew for her participation in creating a fake persona on MySpace, which eventually resulted in the suicide of Megan Meier, a teenaged ex-friend of Drew's daughter is highly questionable. It is not against the law to be a jerk online -- and many people seem to be reacting emotionally rather than rationally to the facts of this case. Drew wasn't trying to make anyone commit suicide, and no one has explained how the lawsuit would be different if the fake "boy" had been a real boy. Since there was no real law broken, prosecutors twisted a computer fraud law in a way that would basically make most internet users felons.

However, while the judge in the case is examining various briefs pointing this out, as well as ones taking the other side, he's not yet ready to dismiss the case, as he rejected two motions to dismiss the case. However, that may change, as he says he wants more time to consider a third motion to dismiss the case, concerning whether or not the case actually states the offense. Assuming he agrees not to dismiss the case, the actual lawsuit will begin early next month.

Filed Under: computer fraud, lori drew, megan meier

If Lori Drew Is Guilty, So Are Most Internet Users

from the being-a-jerk-isn't-illegal dept

While we can understand the anger some folks feel at Lori Drew -- the woman who some blame for the eventual suicide of 13-year-old Megan Meier -- it was quite troubling the way in which prosecutors indicted Drew. Since there didn't appear to be much of a law concerning being a jerk online to a child, she was instead charged with computer fraud for using a fake name on MySpace. This is an extremely weak case, and Drew's lawyers have now asked for the charges to be dropped, noting that almost any internet user could probably be found guilty under the same rationale. This was pretty clearly a political attempt to prosecute Drew for something, even if there's little evidence that she actually broke a law. While many people who comment on stories concerning Drew do so out of emotion rather than logic, hopefully the judge will recognize that this particular charge is a misuse of the law in question.

Filed Under: computer fraud, lori drew, megan meier

Missouri Makes Online Harassment A Felony

from the laws-passed-out-of-emotion dept

Laws passed as an emotional reaction to a tragic situation are almost always bad laws. The state of Missouri has signed into law a bill to make online harassment a felony. This is in response, of course, to the infamous "Lori Drew/Megan Meier" case that has received so much attention. Of course, when you look at the facts of the case, it's not even clear if this law would have mattered. Drew didn't set up the MySpace account to harass Meier, but to find out what she was saying about her daughter. The "harassing" messages were actually sent by another teen, and weren't meant as harassment either, but as an (extremely misguided) attempt to get Meier to stop contacting the "fake" person. It's certainly understandable that people feel that something should be done, since a young girl ended up killing herself, but rushing into laws won't necessarily fix the situation at all. Also, it needs to be asked: if the same set of facts existed, but the boy who made Meier angry was real instead of fake -- would he also have been guilty under this law? If so, a lot of angry messages between kids having silly school spats are going to be court material.

Filed Under: lori drew, megan meier, missouri, online harassment

Do Half Of Americans Really Want The Gov't To Regulate The Internet?

from the you-can-prove-anything-with-surveys dept

You can prove almost anything you want with surveys if you word them correctly. Remember a couple months ago, when we were discussing a study that suggested people in China were "happy" with the government's regulation of the internet? At the time, I noted:

Before people act surprised about this, take a step back and recognize that if you did the same study in the US, asking if the government should be protecting children from "bad stuff" online, many Americans would naturally say yes.

And, now it looks like a "public opinion" firm is proving that correct, leading to the publicity-generating headline suggesting that half of all Americans support regulating content online the same way content is regulated on TV or radio -- with 73% of all people saying that it should be illegal to be a jerk online. But is that really representative of what people think? Not really. At least the firm also reveals the actual questions -- from which it's easy to see why the answers came out as they did.

The survey starts out talking about the infamous Megan Meier-Lori Drew case, providing very little of the actual context of what happened, but instead suggesting that Drew sent cruel messages to a young girl to make her commit suicide. That's not accurate at all, according to most reports. While Lori Drew did set up the fake MySpace page, she did it to keep tabs on what Meier was saying about her daughter, not to harass her. And, the harassing "message" was sent by another young girl who thought it was a good way to get Megan to not want to speak to the fake profile again -- rather than to push her to commit suicide. But, none of that context is explained. Instead, survey takers are told that Drew set up a fake MySpace page with which to harass a girl, which resulted in the girl's suicide. They're then asked if they think that should be a crime -- to which many people obviously respond yes.

Immediately following this, they ask people if the FCC should regulate content on the internet, like it does on TV and radio. And, of course, since people are now in the mindset of thinking just how awful some content can be online, they're much more prone to say yes. In other words, the results are totally bogus. If the opinion firm, instead, went in the other direction and opened with questions about internet censorship, and spoke about how aggressive regulation of content online was preventing people from getting all sorts of information that could be useful to them, and then asked how they felt about FCC regulation of online content, I'd imagine a lot fewer would think it was okay. And, just for contrast's sake, we can point to another study from a few years ago that asked people about regulating content on TV. In that study over 90% said they didn't think content should be regulated on TV. That study is obviously questionable too, but if you combine both, you'd have 90% of people saying that TV shouldn't be regulated, but 50% saying that internet content should be. Something doesn't add up.

Filed Under: lori drew, megan meier, regulations, stats, surveys

Prosecutors Go Overboard In Indicting Woman Involved In MySpace Hoax That Resulted In Suicide

from the out-for-vengeance dept

Before we get into the details, I think everyone can agree that the story of Megan Meier is quite tragic. She was the 13-year-old girl who was "friended" on MySpace by a boy with whom she became close online. After a certain amount of time, the boy turned on her, trying to end the friendship and saying that "the world would be better off without her." After receiving this message, Megan committed suicide. Later, it was discovered that the boy in question never existed -- and was part of a hoax perpetrated by some of Megan's friends/neighbors, including the mother of one of Megan's former friends. The story is, most definitely, sad and tragic -- and it's no surprise that there are people out for vengeance, with the main target being Lori Drew, the adult who participated in some manner in the hoax. However, as we said back when state prosecutors in Missouri couldn't find any law to prosecute, being a total jerk online is not a crime. As stupid as the prank was, it wasn't designed to make the girl commit suicide.

But, of course, when you have a high profile case that includes a 13-year-old girl committing suicide after being misled, people are still going to push for something to be done (or they end up doing something themselves). So with state prosecutors failing to find anything, federal prosecutors stepped in, and have now indicted Lori Drew on a number of different charges, relating to "conspiracy and fraudulently gaining access to someone else's computer." This seems like a serious stretch. It's an effort to twist existing laws just to punish this particular woman because people are upset by the outcome. Legal scholars are already quite worried about how the indictments appear to twist the law in potentially unconstitutional ways.

Why? Well, some of the charges are based on computer anti-fraud laws that prevent "unauthorized access." And, here's where the prosecutors got creative: they claim that in not providing truthful info to MySpace when registering (i.e., in breaking the terms of service), effectively Lori Drew "hacked" into MySpace's computers in an unauthorized manner. Now, no matter what you think of what Lori Drew did (or what happened as a result), this would basically make anyone who fails to follow the exact terms of service of an online service a potential felony hacker. That is a problem. I recognize the desire to punish someone for what happened to Megan -- but twisting the law this way will have very dangerous consequences.

Filed Under: fraud, hoax, lori drew, megan meier, social networks, suicide, vengeance
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