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Judge throws out cyber bully case

by on03 July 2009

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Law too vague


A federal
judge threw out the conviction of a Missouri woman on charges of computer fraud for her role in creating a false MySpace account to dupe a teenager, who later committed suicide. The popular press demanded some blood in the case of Lori Drew.

Drew, with the help of her daughter and a family friend created a phony identity and MySpace account for a teenage boy, “Josh Evans.” According to evidence at the trial, Drew then used the account to conduct an online courtship with Megan Meier, an emotionally disturbed 13-year-old girl who had once been a friend of her daughter. When she ended the “relationship” and suggested that the “world would be a better place if Meier topped herself", the girl hanged herself.

Judge, George Wu, said he was tentatively acquitting the woman, Lori Drew, of misdemeanor counts of gaining access to computers without authorisation. This is despite the fact that a federal jury here convicted Ms. Drew of three misdemeanor charges under the Computer Fraud and Abuse Act, a federal law intended to combat computer crimes.

Judge Wu said the federal statute was too “vague” when applied in this case and that were he to allow Drew’s conviction to stand, “one could literally prosecute anyone who violates a terms of service agreement” in any way.

Prosecutors had sought a maximum sentence of three years in prison and a $300,000 fine and said that they would appeal the ruling.
Last modified on 03 July 2009
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