It's a Crime to Lie to MYSpace?

Published May 16 2008, 06:05 PM by Wendy Kaminer

By Wendy Kaminer

        If the indictment of 49 year old Lori Drew for allegedly participating in a cyber hoax that drove teenager Megan Meier to suicide is emotionally gratifying, legally, it’s quite troubling. A middle-aged woman who taunts a troubled young girl deserves to be punished, somehow, but indicting her under a federal statute that was never intended to apply to cyber-bullying and gives no notice of its potential use against cyber-bullying, threatens our liberty as well as hers. Drew was indicted under the Computer Fraud and Abuse Act, an anti-hacking statute enacted in 1986 and amended by the Patriot Act, which enhanced its penalties and broadened its scope; but it is still an anti-hacking, national security law. It is not a law against bad behavior on the Internet.

        How do prosecutors justify Drew’s indictment? She has been charged with having “conspired... intentionally to access a computer used in interstate and foreign commerce without authorization and in excess of authorized access and, by means of interstate communication obtain information from that computer to further a tortuous act, namely intentional infliction of emotional distress.” In other words, she allegedly gained unauthorized access to a computer for purposes of inflicting emotional distress.   What constituted her unauthorized access? She allegedly provided false information to MySpace in order to establish an account for a fictitious teenage boy, the account that she and others used to bait and belittle Megan Meier.

        So, before applauding the effort to punish Lori Drew, as many have and many will, consider whether violating the MYSpace terms of service provisions should be a federal offense (Drew faces up to 20 years in prison.) Even if you think that she deserves a lengthy prison sentence for her alleged role in Meier’s suicide, stop and think about the fact that she could be facing the same charges had Meier not killed herself and only suffered mild “emotional distress.” The prosecution’s case rests on Drew’s conduct, not Meier’s reaction to it.

        This indictment will be challenged, and millions of computer users should hope that it’s dismissed. Federal criminal law has expanded greatly in the past few decades. (According to one frequently cited 1999 ABA study, 40% of all federal criminal laws enacted after the Civil War dated back only to 1970.) Federal prosecutors already have enormous power to prosecute people for acts that were once considered the business of the states, or no body’s business at all. (Harvey Silverglate‘s forthcoming book describes the federal criminalization of everyday life.) It’s worth noting that local authorities in Missouri, where Drew and Meier lived, declined to bring charges in this case, citing the lack of any applicable law. Even federal prosecutors in Missouri declined to prosecute. Drew was indicted by the U.S attorney in Los Angeles, where MySpace is based, and where, not surprisingly, U.S. Attorney Thomas P. O’Brien held a press conference denouncing her actions.

Filed Under: criminal justice, cyberspace, prosecutorial abuse

Anti-Noose Laws

A conservative academic for Colorado: A specimen Margaret Mead would love?

Follow the Phoenix

All Blogs

Phlog (1,514)
Talking Politics (1,600)
On The Download (2,245)
Laser Orgy (85)
Dont Quote Me (561)
Outside The Frame (326)

Filed Under: criminal justice, cyberspace, prosecutorial abuse

Boston Phoenix
Guilty until proven guilty
Published 6/26/2009 by HARVEY SILVERGLATE
Freedom Watch

Boston Phoenix
State Court Bench Loses One of Its Best
Published 6/11/2008 by Harvey Silverglate
By Harvey Silverglate The Massachusetts judiciary – and as a result, the people of the Commonwealth of Massachusetts – are about to lose one of...

more by Wendy Kaminer

Second Lady | August 30, 2008

Hillary's Harpies | August 27, 2008

No We Can't | July 10, 2008

Anti-Noose Laws | May 19, 2008

It's a Crime to Lie to MYSpace? | May 16, 2008

See all articles by: Wendy Kaminer

Latest Comments

Charlie Baker: More Neanderthal-Conservative Than Romney? - "But reasonable people, particularly those in public political life, do not question the scientific...

By Fake Name on 02-09-2010 in Talking Politics

More Bad Signs For GOP Women - The NRCC has got to get a clue! This is exactly why the GOP constantly loses the female vote among independents...

By Leah Wright on 02-09-2010 in Talking Politics

The Kells in Allston is closing - Thank God. A Tavern in the Square, though? Christ.

By Z on 02-09-2010 in Phlog

Thugs and goons: Howie Carr explains--updated! - Carr got it from the comments omg. Who's less credible carr, barnicle or beck? Remember when journalists...

By neil on 02-09-2010 in Dont Quote Me

Q&A #10 -- Mighty Malone? - Joe Malone is a solid character who connects with the average citizen. No one ever accused him of any...

By smallfish on 02-09-2010 in Talking Politics

Latest Comments from Free For All

It's a Crime to Lie to MYSpace?

Leave a Comment