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Will MySpace Suicide Case Strengthen Internet Fraud Laws?

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Nov 30th, 2008, 12:21 am
If I were the gambling sort, I'd place bets that legislators will use this week's verdict in the MySpace hoax case, which resulted in the suicide of a teenage girl, to strengthen the laws against impersonating someone else (even an imaginary person) online.

As described on CNN, Lori Drew, 49, of O'Fallon, Missouri, was accused of fraudulently using MySpace to pose as a teenage boy who feigned romantic interest in 13-year-old Megan Meier -- initially, to find out what Meier might be saying about Drew's own daughter. When the "boy" withdrew his interest, Meier -- who, it turned out, was bipolar -- killed herself.

This week, Drew was convicted of three misdemeanor counts of fraudulently using MySpace servers to retrieve information about Meier -- one each for three separate dates. A felony conspiracy charge was thrown out after the jury failed to reach a verdict. She faces up to one year in prison for each count and fines of up to $100,000.

In other words, the fact that a 13-year-old girl ended up dead didn't factor into it. The only crime for which Drew was charged was that of violating MySpace's terms of service by creating a fake account to get information about Meier (who, under those same terms of service, should not have been able to get an account, being under 16).

But to what degree should Meier's death have been taken into consideration? If I tell someone to drop dead and they kill themselves from the trauma, to the best of my knowledge, I don't get charged with murder. Should it be different online? If Drew's messages to Meier had been done through the U.S. Mail, would she have been charged with mail fraud if no financial gain was made? (In my day, anonymous "slam books" got passed around making fun of people, but so far as I know nobody got arrested for it. On the other hand, nobody killed themselves either.)

In fact, some attorneys believe Drew shouldn't have been charged under that law at all. The Electronic Frontier Foundation filed an amicus curiae brief in September, suggesting that using the Computer Fraud and Abuse Act (under which Drew was charged) to enforce a terms of service violation opened the door to all sorts of criminal charges being filed against people for the crime of not paying attention to screensful of legalese. Hypothetically, for example, Meier's parents could have been charged under the same law for allowing her to have a MySpace account even though she was underage.

In the classic response of "Don't just stand there, do something!" various legislators are proposing federal and state laws intended to outlaw cyberbullying -- 13 states have such laws already,some predating the Meier case -- and in some cases outlawing anonymous posting altogether, though it's been suggested that that could be a violation of free speech laws. In addition, a website (albeit somewhat hysterical) has also been set up to track such efforts and other news about cyberbullying.
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This blog entry was written by slfisher. It has been filed under the Web Development category. It has received 766 views, 1 comment(s), and 1 linkbacks.


michinobu_zoned | Light Poster | Dec 8th, 2008
You drive a valid point here. It seems that it's kind of hard to differentiate when someone's being driven to commit suicide for their own reasons, from a situation of where someone drove them to do it. I guess that because it was a 13-year-old girl, people's natural instincts prompt them to get upset about the situation. But, we have to analyze the situation carefully to determine what wrong was made and who was responsible for what event.

Could this mother be at fault for the girl's death? Obviously, she wanted the little girl to get upset, but was it her intent for the little girl to die? Can anyone prove that this woman was even aware of the teen's psychological condition, and knowing the girl's state of mind at which the middle-aged woman communicated with her that she knew her messages would likely cause the girl to end her own life?

I think that if you KNOW if a person's mentally unstable, and that your actions are likely to cause them to do something harmful to themselves or others, then YOU should be held accountable. If a psychologist decides to manipulate one his patients into murdering one of the shrink's enemies, then isn't the doctor to blame for another person's death and not the patient - even if he didn't explicitly tell his patient to do so but rather placed ideas into the patient's head which would provoke him to murder?

I think that this Lori Drew probably was at least somewhat aware of the situation. I think that it's likely Lori Drew was aware of the fact that this girl had bipolar disorder, as it was likely told to her by her daughter or one of her friends or from Megan Meier herself.

Additionally, it seems that this woman (with knowledge of Megan's mental instability) had willfully suggested that girl end her own life when she had conveyed the message, "The world would be a better place without you." Even when Megan had implied that she was going follow Lori's suggestion, Lori did nothing to stop her.

Maybe it's a difficult case to indentify clearly how, if at all, Lori was responsible for Megan's death, but I think there's strong evidence which allows one to conclude that Lori wanted Megan to kill herself and chose to manipulate the adolescent into doing so.

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