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Teen Sues MySpace Over Sexual Assault

kaufmanmoore writes "A 14-year old is suing myspace for $30 million claiming the site failed to protect her from a 19-year old she met through the site. The suit claims that MySpace doesn't verify a user's identity or age and doesn't do enough to protect users."

33 of 979 comments (clear)

  1. What they need. by OverlordQ · · Score: 5, Funny

    Dont they have an "Complete Moron" clause somewhere that says idiots cant sue for being terminally stupid.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:What they need. by Anonymous Coward · · Score: 5, Funny

      Hey, this guy online said he was going to do me in the butt and then he did me in the butt. someone owes me 30 million.

    2. Re:What they need. by ameoba · · Score: 5, Insightful

      If I (hypothetically) were a minor and committed a major act of vandalism or property crime, my parents would be held liable for the damages because, as a minor, they are responsible for my actions. If, as a minor, I manage to get a credit card by forging my parent's permission and run up a large number of purchases & fail to pay them, my parents would be held liable. If I commit fraud, agree to a EULA that asserts that I am of a given age, why are they no longer responsible for my actions?

      This is exactly the kind of story that should be covered in an afterschool special. If the family wants money, sell the story, to hell with the courts.

      Personally, I think the family should be told to stuff it and she should be made an example of by the media as the stupid little slut she is. These stupid little girls need to be told, harshly, that trying to manipulate scuzzy guys with sex can very well get them hurt (or even killed). Instead, whenever it happens, the girls are never at fault and are always "good girls" who were unfairly victimized and could never do anything wrong - regardless of how trashy & loose they were.

      A great example is this highschool girl from my hometown - she was dating a 30ish drug dealer several cities away for some time. As girls her age are prone to do, she grew tired of him and decided to break up with him. As they are also prone to do, they are petty & vindictive towards ex-boyfriends, and threatened to turn him in. As bigtime drugdealers are prone to do, he kidnapped her, beat her & eventually executed her, burying her body in a shallow grave in the mountains. Media response? Obviously she was pure, innocent & unfairly victimized by a complete monster. Not that she could -ever- have any idea that bad things could happen to her for sleeping with a man twice her age in exchange for meth...

      --
      my sig's at the bottom of the page.
    3. Re:What they need. by flumps · · Score: 5, Insightful

      Up until the age of about 11 or 12 children should have no guaranteed privacy in terms of what they say and do, and if they've been used to loving oversight for all of their lives they won't have a problem with this.

      Man it's Nazis like you that take a childs trust and piss all over it - I don't care if you are dressing it up in nicey nicey language and giving a couple of half-assed exceptions to your draconian behavior. I give my child the privacy he wants, he respects me and listens to what I say and then he does it too.

      I warn him of the consequence, which is all I can do, and if he fucks up then its his fault. He knows he can talk to me if he does, he can talk to me about anything. I'm not going to start taking that freedom away and locking up his television/computer/bike when I dont think its right for him.

      Thats called LEARNING. You cannot cotton ball children, or chain them up and make them do what you want. They will just end up resenting you and then before you know it (because they won't tell you) they will be hooked up with some druggy taking herion.

      The next thing you'll know, mr/miss, is they're face'll be on the news found dead somewhere.

      Good luck, you're going to need it.

      --
      "So there he is, risen from the dead. Like that fella, E. T." - Father Ted Crilly
    4. Re:What they need. by aronc · · Score: 5, Insightful

      His point isn't that she deserved it. It's that by painting her as a pure innocent and glossing over the fact that she was engaging in some obviously stupid and dangerous behavior does a disservice to the rest of the community. Incident like that should scream to the rest of the kids in the community that hanging out with that kinda of person and that kind of lifestyle can get you hurt or killed. Instead the news/family paints it as a nearly random kidnapping more often than not.

      --

      jello.
      aka aron.
    5. Re:What they need. by PhraudulentOne · · Score: 5, Insightful

      How about talking to someone in person? Does that allow you to hide your age? She says MySpace should have protected her by age verification, etc. SHE MET THE GUY FACE TO FACE. She then wen't out with him, had dinner, etc. So, she is suing MySpace for not verifying age, yet she couldn't verify his age herself, MEETING FACE TO FACE. How is this the fault of MySpace again?

          If they meet on MySpace, that's one thing, but if they want to go and meet in person, no website in the world is responsible for that.

      --
      You create your own reality - Leave mine to me.
    6. Re:What they need. by cayenne8 · · Score: 5, Insightful
      "$0.01 would be grossly outlandish, too."

      I agree....what the hell happened to personal responsibility? And in this case...since she is a minor, it applies to her parents!!

      Actually...I'd say the avg. 14 yr old today is more savvy than my generation and should know much better than this....as a young girl, you can't be that trusting of someone you just meet. Also, her parents should be keeping up with who her friends are and who she is meeting..especially from some online forum!

      It isn't the websites fault nor responsibility to police behavior...they are just providing a communitcations forum.

      People could be meeting by telephone, but, you wouldn't think of suing the phone company for not doing their part to screen people would you?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  2. mooches mooches by filthy_mcnasty · · Score: 5, Insightful

    As much as I detest Myspace and would absolutely love to see them go down.... this is just another frivilous lawsuit with someone trying to play the scapegoat game. Encountering a sexual predator on Myspace is no different than any other million sites where this could have happened but if it weren't for the deep pockets myspace has generated there would be no lawsuit. The users of sites like these (and hell, users of anything in general!!!) are still responsible for THEIR OWN actions and while I'm sorry that she was victimized, this young girl (or rather, her lawyers / parents) is now trying to create another victim. Give me a break, accept responsibility for your own actions. This isn't because "Myspace didn't protect me"

    1. Re:mooches mooches by solarbob · · Score: 5, Interesting

      If she found the same info in the lonley hearts in the newspaper would she sue that paper? Of course not as they would take her to the cleaners by exposing her on the front page (well the british papers would). What about if you met someone in a nighyclub and same thing happened...

      --
      SolarVPS - Quality Windows and Linux Virtual Servers
  3. Getting justice twice? by Anonymous Coward · · Score: 5, Insightful

    Doesn't she already get justice by having the 19-year-old jailed?

  4. Hi.. by hyfe · · Score: 5, Funny
    Hi, your honour.

    I am stupid. Please make them give me money.

    --
    "" How about taking the safety labels off everything, and let the stupidity-problem solve itself? """
  5. How can they? by GFLPraxis · · Score: 5, Insightful

    The lawsuit is just plain stupid. I simply don't understand HOW someone can 'verify' their age over the computer. Short of requiring everyone to scan some sort of documentation of their age and requiring MySpace to hire a staff of thousands more people to daily comb through each user one by one as they register (simply not practical), there is no possible way MySpace (or ANY site on the internet that doesn't require a credit card for that matter) can verify it. They're basicly sueing MySpace for not doing the impossible.

    1. Re:How can they? by Jeom2 · · Score: 5, Insightful

      Bottom line is. Will efficient age verification process protect anyone from being assaulted? Any girl could be raped by a bloke her own age for all I know. Further more it (efficient age verification) would give a false feeling of security and trust. Online Dating? not an easy problem at all.

      --
      0118 999 881 999 119 725... 3
    2. Re:How can they? by houghi · · Score: 5, Funny

      A possible, but expensive, way MySpace could reliably verify age of new users is to open staffed registration centers

      You mean something like the way that minors can't get alcohol in the US?

      --
      Don't fight for your country, if your country does not fight for you.
    3. Re:How can they? by houghi · · Score: 5, Informative

      Oh and for you people who are afraid of what this card can do and everything should be avaialable for everybody and this is so 1984: The source and some Dutch and French info.

      SUSE has it as an eID-belgium RPM:

      Summary : Software for belgian eID card
      Description :
      This PKCS11 library can be used for cryptographic operations with the
      Belgian electronic identity card. For example, you could use it to
      authenticate yourself (e.g. on a web site) or for signing electronic
      documents with a legally binding signature.
      Distribution: SUSE LINUX 10.0 (i586)

      --
      Don't fight for your country, if your country does not fight for you.
    4. Re:How can they? by stanmann · · Score: 5, Insightful

      Ok, Here's what I got from the story, Slightly precocious 14 year old freshman female meets Somewhat Non-precocious(being generous here) 19 year old Senior online instead of in the cafeteria or study hall, goes to dinner, a movie, and his place and does what seniors and freshman do. Buyers remorse Blah Blah Blah.

      happens all the time, in every school, in every city. The only difference in this case was she met him on myspace instead of "at the library". It sucks to be him, but its not the schools fault and its not myspace's fault.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    5. Re:How can they? by geminidomino · · Score: 5, Insightful

      I haven't discounted that possibility either. The sad part is, it doesn't matter. As the comments here, by the supposedly "intelligent" cross-section of society, show, there is no way this guy is going to get a fair judgement.

      She consented? No good, she's under 16, she's too stupid to make that decision. That capability doesn't magically appear until the day of her 16th birthday.
      She lied about her age? Tough. He should have checked her ID.
      He tried to break it off when he found out the truth and the whole "sexual assault" thing is typical teenage girl petty revenge? Well, sucks to be him.

      Lots of possibilities here besides the simple "the guy is a sick pedo." But no one will consider any. He's better off just hanging himself in his jail cell right now. Even if by some miracle he's innocent and aquitted of wrongdoing, he's already been judged.

    6. Re:How can they? by kneeslasher · · Score: 5, Insightful

      Would that I had mod points for the parent.

      Nobody seems to realise that this entire issue is only an issue because most European-descended industrialised societies have run out of targets to hate. Other nations? No, we pity them, give them aid, and invade them, but we can't hate them: they're too weak to hate. Other religions? No, can't do that either: it causes civil strife within a nation and Crusades and Holy Wars without. Other races? Can't do that either. At least not publicly.

      So goshdarnit, whom can we hate, unreservedly, with all our hearts? Gentlemen, the answer is paedophiles. That's right, child molesters. They are the new witches of today and we all enjoy seeing them burn at the stake: they are the one "species" we can all feel superior to and not feel guilty about it.

      I remember a case here in England where two men shared a jail cell and one of them castrated the other because he had been convicted of some kind of rape. You wouldn't believe the smug self-satisfaction the public greeted this news with. No one seemed to notice that we shouldn't be resorting to criminals to mete out rough "justice" to other criminals: society itself is responsible for that, but would prefer to be hypocritical.

      If the guy didn't actually forcibly rape the girl, the parent is absolutely correct: he should kill himself right now, because even if by some miracle, the courts acquit him, society has already judged him guilty. He will never recover from this debacle, careerwise or in any other sense. He is a marked man.

      Surely in societies where girls as young as 9 - 12 boast of sleeping with two different boys in a single night at Catholic camp (yes, it happens, and often), a slight change in perspective is needed. There is a clear difference between such wanton and consensual promiscuity and those who genuinely do not wish to engage in sexual activity, whom the law seeks to protect. Unfortunately, below the current age of consent, it becomes difficult to legally seperate the two, the issue being topical enough as it is. It often becomes a case of "my word against yours", where the female word is often given more weight.

      Until we have some progress, the fellow in TFA, if he is innocent of true forced rape, will be screwed by the mob justice the public is dying to mete out to him.

    7. Re:How can they? by ultranova · · Score: 5, Interesting

      A 14-year old sleeping with a 14-year old is extremely regrettable.

      Why ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  6. Re:Wait what by LiquidCoooled · · Score: 5, Insightful

    I believe the lawyer is trying to call for more security for the 16s on the site.


    The lawsuit claims that the Web site does not require users to verify their age and calls the security measures aimed at preventing strangers from contacting users younger than 16 "utterly ineffective."


    But the part of the article that really caught my eye was the following:


    Lauren Gelman, associate director of the Center for Internet and Society at Stanford Law School, said she does not think MySpace is legally responsible for what happens away from its site.

    "If you interact on MySpace, you are safe, but if a 13-year-old or 14-year-old goes out in person and meets someone she doesn't know, that is always an unsafe endeavor," Gelman said. "We need to teach our kids to be wary of strangers."


    This lawsuit is just ambulance chasing.

    --
    liqbase :: faster than paper
  7. Wtf by eddm · · Score: 5, Insightful

    I'm sorry, but MySpace are being expected to pay $30 Million to them for being idiots? I'll go hit myself on the head with a hammer and sue Black and Decker for supplying me with a weapon that gave me brain damage.

    --
    :o
    1. Re:Wtf by plasmacutter · · Score: 5, Insightful

      This is a society of the irresponsible looking to point the blame at whoever they can.

      They expect others to make their choices for them, and to do it correctly.. thus the reason for laws designed to make other people raise your kids for you (video game laws, TV censorship/ratings laws, movie ratings, etc).. and of course if these other people and companies do it wrong they are held liable because well.. it wasn't their fault for being "stupid"...they outsourced their decision making to you so you are now liable.

      It sucks to be sure, but this is what an ignorant majority wanted, so this is what our society has produced.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  8. Wait just a minute... by Phroggy · · Score: 5, Insightful
    MySpace says on a "Tips for Parents" page that users must be 14 or older. The Web site does nothing to verify the age of the user, such as requiring a driver's license or credit card number, Loewy said.
    Explain to me how verifying a 14-year-old's driver's license or credit card number is going to work.

    Age verification is fine for sites that require you to be 18 or over, but if you want 14-year-olds to use your site, I can't think of a good way to verify their age that doesn't have really disturbing implications.

    Solis contacted the girl through her MySpace Web site in April, telling her that he was a high school senior who played on the football team, according to the lawsuit.

    In May, after a series of e-mails and phone calls, he picked her up at school, took her out to eat and to a movie, then drove her to an apartment complex parking lot in South Austin, where he sexually assaulted her, police said. He was arrested May 19.
    If they talked to each other on the phone several times before meeting in person, why is AT&T not liable for failing to protect her?

    Let me see if I understand this correctly: a 19-year-old claimed to be only 18 on his myspace profile, and this is worth $30 million?

    I'm not excusing the guy's actions. He knew she was 14, and that's not OK, even if she said yes, which I'm guessing she probably did. And lying about your age is generally not cool. But I really don't think MySpace could have reasonably done anything that would have stopped this from happening. Do you think she wouldn't have agreed to meet him, if she had known he was really 19?

    They started by sending e-mail, then exchanging phone numbers and talking on the phone; at what point do you draw the line and say what these people do is not MySpace's responsibility? If I find a (18+) girl on MySpace, send her e-mail, she e-mails me back, I send her my phone number, she calls me, we talk, we go out for coffee, things go well, we start dating, have dinner a few times, then one day we get into an argument and she punches me in the face - can I sue MySpace for failing to protect me from her?
    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  9. Next up: Teen sues the Internet by __aaxwdb6741 · · Score: 5, Funny

    A 14-year old is suing the Internet for $30 billin, claiming that the technology failed to protect her from a 19-year old she met...
    wait, screw this parody.

    What the fuck is a 14-year kid old doing meeting a 19-year old she met om MySpace? I think she should sue her parents for not beating her enough.

  10. Re:"In May, after a series of emails and phone cal by Yvanhoe · · Score: 5, Funny

    And I may add, it seems equally plausible that the 19 years old guy wasn't even aware he was talking with a minor. I am sure he could sue for another 30 millions...

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  11. Someone has to say it.... by kjart · · Score: 5, Funny

    OMG, $30 million worth of ponies!!!111one

  12. Teen *didn't* sue MySpace by CaptainTux · · Score: 5, Informative

    The teen didn't sue MySpace.com. Her mother did. Here's a link to the CNet story: http://news.com.com/2060-10802_3-0.html?tag=nefd.b l

    --
    Anthony Papillion
    Advanced Data Concepts, Inc.
    "Quality Custom Software and IT Services"
  13. Well they have a small paragraph in the terms... by dlichterman · · Score: 5, Informative

    from the myspace terms and conditions
    ====
    Limitation on Liability. IN NO EVENT SHALL MYSPACE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYSPACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYSPACE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYSPACE.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

    Indemnity. You agree to indemnify and hold MySpace.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes MySpace.com to be liable to another.
    ====
    http://www1.myspace.com/index.cfm?fuseaction=misc. terms

  14. Maybe I'm old... by NotInTheBox · · Score: 5, Insightful

    Why is a 14 year old allowed unsupervised access to the internet. I maybe getting old...

    The internet is the greatest market place in the world. People go here for trade, conversation, news/gissip and inspiration. There are public spaces where you can make a fool of yourself and there are dark back alleys where other people can make a fool of you. This is a place where everyone is treated like a adult with no regard for your age.

    How many parents would let their 14yr old children roam a big unknown city at night by themselves? How do children learn to recognize the good from the bad it their parents don't guide them?

    When someone has a private party (myspace) and is inviting children to join in... what may be expected? What is posible to expect?

    In this case, myspace had no way of knowing that this man could be treat to this girl. You can not assume that every 18+ male is a pervert. This relationship (if that's the word) developed mostly outside the control and supervision of myspace. I think that there is really nothing myspace could have done differently; except maybe, not to invite children to begin with.

    --
    What I cannot create, I do not understand
  15. Hang on... by OverflowingBitBucket · · Score: 5, Insightful

    If a 19 year old takes you to dinner and a movie and you agree to go back to his place certain things are expected of you

    Whooooah there. Wait just one damn minute. You surely can't mean what I think you mean, do you? Please tell me I've misunderstood what you've said.

    If you go around to someones place, they may or may not be hoping for something of a sexual nature to happen, but there is never, ever an expectation on someone to "put out" just because you went to visit. Yes, it is a fair assumption that someone who has just wined and dined you is going to try to put the moves on you, but merely visiting isn't consent to take things as far as they want. The visitor can soak up the dinner and movie, drop over, drink their coffee and eat their chips, and at the end of the evening get on up and go, and there's not a damn thing expected of them.

    Having said that, I'd question the wisdom of heading back to a 19-year olds place after dinner and a movie because there's a good chance they've got something quite specific in mind. But bear in mind this is a 14-year old, and they don't always have the life experience to avoid making such a poor decision.

    My reply to you would be far, far more vicious if I thought you genuinely meant what you've written. It just seems so far out that I'm hoping you chose your words poorly; please tell me that I've misread your actual intent.

    1. Re:Hang on... by Tim+C · · Score: 5, Interesting

      I think perhaps that "expectation" doesn't mean what you think it means. "Expect" is simply a stronger form of "hope" - you "hope" for something when you'd like it, but you're not convinced it'll happen. You "expect" something when you're pretty certain it'll happen or know that it will.

      Neither hoping for something nor expecting it means that the thing is in any way obliged to happen. That is, in this case, the 19 year old can *expect* the girl to put out after the things he's done, but she is in no way *obliged* to do so.

      Change "expectation" in your post for "obligation" and you're spot on.

      So, calm down, deep breaths, he didn't mean what you thought he meant :) (Unless he is similarly mistaken about what the word means, in which case go ahead, rip him a new one)

    2. Re:Hang on... by geekdoc · · Score: 5, Insightful

      Here's a fly-in-the-ointment of the entire lawsuit - did the 19-year-old lie about his age? If he is 19, and his MySpace page said he was 19, what would age verification do to prevent any of this?

      Part of me *hopes* this is a setup by the parents, in light of the "Palestinian runaway" and with MySpace being in the news an awful lot lately. It would make me feel better to think that her parents were trying to perpetrate a fraud than being just that hideously stupid. If your daughter is 14, you meet the people she goes out with, whether platonic or romantic. No exceptions.

  16. Outlandish, eh? by krewemaynard · · Score: 5, Insightful

    You must not be a lawyer. Or a parent looking to divert attention away from yourself.

    It wasn't too long ago that it could have been LiveJournal instead of MySpace in this headline. Should be interesting to see who winds up in the crosshairs once MySpace wears thin. Time for a loser-pays rule for suing, IMO.

    --
    I saw it on Slashdot, it must be true!