MySpace Prosecutors Used Wrong Law

Technology Analyst Larry Magid Says Anti-Hacking Law Should Not Have Applied

(CBS)  What Lori Drew allegedly did to Megan Meier was despicable, but it doesn't justify her conviction late last month for violating federal laws designed to keep hackers from invading computer networks.

Two years ago, Megan, a 13-year-old Missouri girl, hanged herself after her online friend "Josh Evans," who had befriended her on MySpace, reportedly told her that he didn’t want to be friends with her and that the world would be better off without her. But Josh was in fact Drew, a 49-year-old mother of one of Megan's former friends.

According to published reports, Megan had been mean to Drew’s daughter and Josh’s fake online relationship with Megan was a way for Drew to retaliate.

During the trial in Los Angeles, it was revealed that some entries made by Josh were typed by Ashley Grills, a then-18-year-old employee of Drew who was a witness for the prosecution and was not prosecuted.

The case has widely been characterized as a legal assault on cyber-bullying, though it is extremely unusual for an adult to bully a teen. The case against Drew is frequently cited as a warning to would-be cyber-bullies that their actions could bring severe consequences to both their victims and themselves.

From what I can gather, this is a case of a squabble between two 13-year-old girls and a mother who intervened in a terribly immature and inappropriate way. Adults are supposed to help young people peacefully resolve problems. This is not so much a case of cyber-bullying as a case of a really bad parental intervention that had tragic consequences.

We need to fight against rude, deceitful and cruel behavior on and off the Internet. But that doesn't justify a reinterpretation of anti-hacking laws to jail people who misuse Internet services.

The legal theory behind the prosecutor’s case was that Drew violated MySpace's terms of service that prohibit misrepresenting your identity and harassing others. MySpace rules, which Drew says she hadn’t read, require that “all information you submit is truthful and accurate.” Clearly Drew lied. But so have a lot of other people.

She was prosecuted under Section 1030 of the U.S. Code, which was crafted to protect against unauthorized access to computer networks to cause damage, steal information or money or jeopardize national security.

As far as I can tell, the law was not designed to prevent people from lying about their identity or otherwise violating rules on a publicly available online service. But that didn’t stop the jury from convicting Drew of misdemeanor violations. The jury refused to go along with the prosecution’s felony charges.

Let me say it again; What Drew did was terribly wrong and I don’t blame prosecutors for wanting for find a way to throw the book at her. I just wish they had used a different book.

Based on this case, I’m one of millions of people who might also be guilty of a federal crime. I didn’t harass anyone, but I did violate MySpace’s terms of service by creating several fake identities with a variety of ages to test privacy features for teenagers while I was researching a book about MySpace in 2006.

And what about police officers who pose as teenagers to lure would-be predators? Should they have to request immunity from federal prosecution each time they engage in such a sting operation? I’ve even heard cases of law enforcement people advising kids to lie on their profiles to protect their privacy. Should they be indicted for conspiracy?

There are plenty of adults who lie online about their age. I have a friend who set up a profile on an online dating service using a false age, an old photograph and the exaggerated claim that he was “athletic.” A date might have cause to be disappointed or angry at him, but should she have the right to demand a federal prosecution?

Even Megan, with her mom's knowledge, lied about her age. She was 13 and, at the time, MySpace required users to be at least 14. MySpace recently started allowing 13-year-olds to sign up. The usual penalty for violating terms of service is to be kicked off the service.

Had MySpace decided to go after Drew in court, it could have done so as a civil matter. But it’s not up to federal prosecutors to take it upon themselves to enforce a company’s online agreement with its members, especially if that company never asked for federal intervention.

I can understand why a jury wanted to punish Drew for what happened to Megan. But it’s not clear to me that putting Drew in jail on a hacking charge will help prevent cyber-bullying or future tragedies.

What is needed is an educational campaign that makes bullying or harassing just as unacceptable as racial epithets or subjecting others to secondhand smoke.

While cases like this one - an adult harassing a teen online - are rare, cyber-bullying is a real problem among teenagers, but it requires serious long-term solutions, not quick fixes and the inappropriate use of a federal anti-hacking law.

[shanev137]

Maybe we should prosecute the mother for child abuse?


--------------

Most of the idiots on here think it''s OK for a parent to let their mentally-unstable child chat online with complete strangers.

[shanev137]

Posted by incog-nito at 01:06 AM : Dec 10, 2008

What part of "Megan was a minor" can''t you understand?

Parents are legally responsible for the well-being of their young children....not strangers who live across the street.

[incog-nito]

Some people here seem to think that Lori Drew is not at fault because Megan may have emotional or mental issues. Wrong. Let''s say you tell a mentally disabled person to step out in front of traffic, do you think you''re not at fault because he did it on his own freewill? Think again.

[incog-nito]

I disagree. Sure, many others have violated MySpace''s rules, but no other (that we know of) had resulted in the death of a person. The author mentions that "serious long-term solutions" are needed but doesn''t offer any new ideas. In fact, the only real solution is to prosecute to the fullest extent possible (as in this case) with the limited laws that we do have, to hopefully provide a certain amount of deterrence. To do nothing is to send the wrong message and to give license to others to do the same.

[legacyabq]

Legal debates aside, Lori Drew is a heartless scum. It was terribly cruel and hateful for her to intentionally cause extreme grief for this impressionable young girl. Why are people so horrible? She was just 13 years old. That an adult would engage in such an elaborate scheme designed specifically to emotionally damage an innocent child is shocking to me. It was malicious child abuse.
What a horrible and cruel ******.

[johngaltwho]

It was a totally inappropriate use of this law to prosecute this woman.... and I approve wholeheartedly.

[rudy6543]

This case is silly as a legal case. Yes, it is tragic what this girl did, but hey folks, there are many reasons people commit suicide and I don''t think we are going after all the people who may have pushed someone over the edge. In this case, we have no assurance that the girl simply committed suicide because of a fake boyfriend, someone she never ever met. Before she committed suicide she had words with her mother. Maybe we should prosecute the mother for child abuse? I know, of course not. But that is how silly this all is.

[tipsyinct]

I think of my daughter and what may have happened if it had been her rather than Megan.
Posted by kbut1945 at 01:14 PM : Dec 09, 2008

Is your daughter as mentally messed up as megan probably was? You don''t kill yourself over myspace posts unless there is something else seriously wrong with you.

[czmdm]

This case is silly... Posted by jh6379again

Oh yes the death of a child is always funny. NOT!!! You are a dimwit.

[eewrites]

Mr. Magid,
This comment refutes your own point:
"She was prosecuted under Section 1030 of the U.S. Code, which was crafted to protect against unauthorized access to computer networks to cause damage, steal information or money or jeopardize national security."
All the examples you cite are lies done to protect privacy. This woman clearly intended to cause psychological damage. As far as I''m concerned you made a good argument for using this law to prosecute the woman.

[tipsyinct]

jh6379again, tell that to Megan''''s mom, family, and friends who are forever without the pleasure of her presence.
Posted by hwrd69 at 09:30 AM : Dec 09, 2008

I don''t see it anywhere in the article that her presence was a pleasure. It actually seems like she was kind of addicted to the computer.

Kidding aside, however, THE GOD *** FAMILY''S FEELINGS DO NOT MATTER WHEN IT COMES TO THE LAW!!

It was a terrible tragedy that this little girl killed herself, but she KILLED HERSELF. This woman, while being totally irrespopnsible, bordering on evil, did NOTHING AGAINST THE LAW.

[mystgreen-2009]

This is a classical case of psychological/emotional child abuse. If convicted, it would even remove her own child from her influence.

[mystgreen-2009]

A form of child abuse?

[rf35]

I didn''t realize what a huge, disgusting pair of heifers this mother/daughter crime team was. They should both hang themselves, as the world would be better off not having to look at them. I wonder if Tons-O-Fun will lose some weight in jail running from some of the more manly inmates.

[bhrater-2009]

You are right and it probably wasn''t the best law to use for the prosecution.
It should have been irrelevant how the taunting was done. Online, snail mail, or even over the phone. The inciting, or otherwise causing another human to do harm to themselves should be against some law. That is the law that she should have been prosecuted with. I am not a lawyer, but if we don''t have such a law we need to put one on the books; this will happen again.

[pfness]

I see no difference between a man trying to manipulate a 13 year old and a woman trying to manipulate a 13 year old. No matter for "what purpose". No one should be able to manipulate a child for any reason. And who is to make the judgement that the woman was trying to get vengance for her daughter. Maybe she just "enjoyed" hurting a 13 year old. I think she should have gotten at least 4 years. That is the least amount a child molester gets.
If the girl had been 18, then she would have been old enough to have some "reasonable" judgement. Girls at 13 are at a very vulnerable age. This is not a case of cyberbullying. This is a case where an adult manipulated a 13 year old for whatever purpose.
Police do not lure 13 year olds, they lure the predators.
This woman clearly lured a 13 year old for malicious or personal enjoyment. Every thought or typewritten word was purely to Harm. It was premeditated.

[observer2020]

The internet has created a venue for people to be whomever they want to be. Even though they could be the absolutely scum of the earth, they can come out as the sweetest, kindest person you''ve ever "met." I''ve seen a ton a people lie about themselves on the internet and it makes no difference to them whatsoever. This woman, as an "adult" should have known better, but she didn''t. All she was interested in was hurting a teenager that she was told was hurting her own daughter...and we know how kids lie, especially when called to the carpet. This needs to go to civil court and maybe the mom will get some satisfaction. However, it will never bring Megan back. Oh, and police are encouraged to lie whenever it suits them; so it''s allowed and smiled upon.

[opedanderson]

Im no lawyer but what about reckless endangerment causing death? Didnt this cow know that the girl was depressed and on medication? Just because it''s on the computer does that make it any less than if she was sending anonymous letters in the mail to the girl? Or phone calls?

I guess not. In any case, what a dirty piece of cow that woman is......she needs to worry about eating less and losing some of those extra TONS of fat on her ugly frame than what her daughter is going through.....

[mdvorpahl]

I don''t know who wrote this article but come on! Do you really think that spending money on an educational campaign will make a difference? NOOOOO. What does make a difference though is throwing these people in jail. What more education does anyone need? She is a terrible person and needs to be in jail. The others involved also need to be prosecuted. jh6379again, how can you say this case is silly. Evidently you don''t have kids of your own. Not silly, very serious and if i ever catch anyone targeting one of mine, you can be rest assured that they will be spending a long time behind bars.

[hwrd69]

jh6379again, tell that to Megan''s mom, family, and friends who are forever without the pleasure of her presence.