Slashdot Mirror


Woman Indicted In MySpace Suicide Case

longacre writes "The Associated Press is reporting an indictment has been handed down in the sad case of Megan Meier, the girl who committed suicide after receiving upsetting MySpace messages from someone she perceived to be her boyfriend. It was later determined the boy, Josh Evans, was a fictitious identity created by a neighbor of Meier's family. Lori Drew, of a St. Louis suburb, has been charged with 'one count of conspiracy and three counts of accessing protected computers without authorization to get information used to inflict emotional distress on the girl.' Interestingly, despite the alleged crime having occurred strictly in Missouri, the case was investigated by the FBI's St. Louis and Los Angeles field offices, and the trial will be held in Los Angeles, home of MySpace's servers. Wired is running a related story about the potentially 'scary' precedent this case could set."

132 of 654 comments (clear)

  1. "Emotional Distress" by Reasonable+Radical · · Score: 5, Funny

    If you can get punished for inflicting emotional distress, I guess Vista really was illegal...

    1. Re:"Emotional Distress" by spazdor · · Score: 2, Funny

      don't you worry. the MySpace AUP provides for all that.

      --
      DRM: Terminator crops for your mind!
    2. Re:"Emotional Distress" by Solitude · · Score: 2, Informative

      When an adult does this to a child, it's usually called child abuse.

      "Child abuse is the physical, psychological or sexual maltreatment of children."

    3. Re:"Emotional Distress" by BitterOak · · Score: 2, Informative

      When an adult does this to a child, it's usually called child abuse.

      I believe child abuse statutes come into play when the child is in the care of the alleged abuser, for example, a parent, teacher, babysitter, etc. I don't think that kind of relationship existed between the victim and the defendant.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  2. Back To Reality by pipingguy · · Score: 4, Insightful

    I hate to come across as a "heartless" bastard, but jumping off a bridge (or the equivalent) due to some perceived online relationship failure just doesn't seem right.

    Then again, maybe kids today are far too sensitive.

    1. Re:Back To Reality by TFer_Atvar · · Score: 5, Insightful

      You're not giving the whole picture.

      This was an emotionally abused kid who, because of various problems, was unable to make friends at school. Haven't most Slashdotters been there? Then, she turns to someone online in search of companionship. That person, for months, is her best -- and only -- friend in all the world, commiserating with her, sharing her deepest, darkest fears, and generally being with her in a way that her parents (for all their good intentions) can't be.

      Then, in the blink of an eye, it's all taken away. The friend is revealed to be someone malicious, someone manipulative enough to string out this child for months at a time before pulling the rug out from under her. She's now left alone, with no one to turn to. I've never (thank God) been that alone in my life, but reading her story makes me understand school shooters all the more. Eventually, she reached a point where the only thing left to do was escape -- permanently.

      This isn't a suicide issue. It's an abuse issue. There would be no suicide in this case without the willful, malicious intent to construct a false friendship created by a knowing adult. There was no reason for it. This was murder, plain and simple. Who knows what Ms. Meier might have done with her life. She could've become a doctor, a pilot, or even a Slashdotter. But we'll never know.

    2. Re:Back To Reality by LordVader717 · · Score: 4, Insightful

      Maybe, but a 49-year old woman should know better than to go for such an effort to harass, humiliate and insult a young girl who she knew had psychological problems. The fact that she tried to destroy the evidence is proof that she knew she was doing something very wrong.

    3. Re:Back To Reality by JosKarith · · Score: 5, Insightful

      I think that prosecuting this case in this way is shady at best, and liable to be used as a precedent for something that people here will be up in arms about.

      Then again the woman in question _CANNOT_ be allowed to get away with what she's done. I'm sure that there is mental health legislation that can be used to put her out of circulation for a very long time. The fact that the prosecutors in the state where this happened decided that they couldn't chase this speaks more about their competance than anything else.
      This woman deliberately waged a premeditated campaign of psychological violence against a vulnerable child that ended in her suicide and they think that there is no reasonable chance of successful prosecution? What rock did they find these incompetant idiots under...?

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    4. Re:Back To Reality by Wavebreak · · Score: 3, Insightful

      Damn right it's murder. She might not have physically killed the kid, but she damn well helped. Just because the violence wasn't physical doesn't mean it wasn't violence.

      --
      Nobody expects the British Columbia Human Rights Tribunal.
    5. Re:Back To Reality by Ihlosi · · Score: 3, Insightful
      If an online friend screws you over, you move on. You don't kill yourself, simple as that.



      Yes, because everyone has to behave like a robot, especially teenagers and people with psychological problems.



      You might as well say "If you fall down, you stand up again.". Which works for everone who is healthy enough to get up on their own.

    6. Re:Back To Reality by Ihlosi · · Score: 5, Insightful
      Sorry if this offends your delicate sensibilities, but at the end of the day, Megan chose to end her own life.

      You're again assuming that everyone makes choices like a robot and has a completely unclouded judgement and complete freedom of will all the time. Have you ever been experienced people slipping into clinical depression (and I don't mean feeling somewhat "blue" or "depressive", but the real thing) ? They're not acting like the person you've known anymore. Same goes for many other psychological disorders. Scrap the notion that the human brain is a perfect, computer-like decision-making machine all the time. It's not.

    7. Re:Back To Reality by PakProtector · · Score: 4, Informative

      Maybe you should go look up the legal definition of murder. Last time I checked murder was "any willful act, knowingly undertaken, which causes the death of another person." You don't have to mean to kill someone with your actions. If you do something when you can reasonably infer that doing so would cause grievous bodily harm or death, and you do so anyway because you don't care, it's called depraved indifference. This woman deserves to go to jail for her actions. IN our society is is generally considered unacceptable to prey upon those weaker than us, be it mentally or physically. This woman may not have beaten the girl to death with a hammer, but her actions are just as criminally culpable as if she had. She killed this girl, and her weapon was MySpace.

      You may not like it, but you can be charged with murder for driving someone to commit suicide if it's determined you did what you did on purpose. You need not have meant to kill them. Just as you can be charged with murder if you shoot someone and they die, even if you didn't mean to kill them. You intended to cause grievous bodily harm which then lead to death. This woman intended to cause grievous psychological harm which led to suicide.

      --

      Edward@Tomato - /home/Edward/ man woman
      man: no entry for woman in the manual.
      "Qua!?"

    8. Re:Back To Reality by WhatAmIDoingHere · · Score: 3, Insightful

      When you have no friends offline, your online friends are all you have. And to find out that the one person who accepted you and never judged you now wants nothing to do with you? That's just too much for a 13 year old who was already shunned by everyone at school to deal with.

      --
      Not a Twitter sockpuppet... but I wish I was.
    9. Re:Back To Reality by ultranova · · Score: 4, Insightful

      If an online friend screws you over, you move on. You don't kill yourself, simple as that.

      I don't kill myself. But the girl in question did. And, since the villain here was her next-door neighbour who apparently knew her quite well, it is reasonable to expect her to know that the reaction in this case might be quite extreme. In fact she propably knew it, for why else would she had spent months setting the whole thing up ? You don't spend that kind of time if you think that the subject of your malice is going to shrug her shoulders and move on.

      Yes, we can all loathe the evil Lori Drew, and she very much deserves the shunning of her community. But to say she "murdered" Megan? get serious.

      Yes, I think it's reasonable to say that she did indeed murder Megan. She deliberately set up as nasty and vicious blow as she could, and Megan died as a result of that.

      We always have choices. Killing ourselves - or not - Always counts as a choice, one which Megan chose over "dealing".

      Yes, a very logical and rational response. Now guess what depression and other mental problems do to your ability to be reasonable ? Especially since we are talking about a teenager; they are under their parent's guardianship precisely because they can't be trusted to act rationally at all times.

      p>>Simply because an uninvolved outside observer can see things in context doesn't mean that a person caught in the middle of it can.
      --

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

    10. Re:Back To Reality by stdarg · · Score: 4, Insightful

      Whoo finally someone who gets it. I also want to see her parents prosecuted since they no doubt contributed to the girl's sad life. And all of the jerks at her school who wouldn't be friends with her. And her teachers. And all neighbors within a 1/2 mile radius.

      It takes a village, and when that village fails it needs to be prosecuted.

    11. Re:Back To Reality by aurispector · · Score: 5, Insightful

      Sorry kid, but you have a lot to learn about life. The older you get, especially if you have kids of your own, the more you will understand how wrong you are about this. A child - and trust me, a 13 year old is still a child - doesn't have the emotional stability, strength of character or experience to rationally make the kind of "choice" you're talking about. The human brain continues to physically develop sometimes as late as age 25. I stroggly suspect that you are still developing, too.

      A brain can do all sorts of bizarre things; thinking that suicide is a good idea is only one of them. Thinking that there is no value to human life is another. If you really do believe that the sanctity of human life is baseless, I can only feel sorry for you since it's the cornerstone of the family, society, civilization and the species.

      Megan was deliberately manipulated by an adult. She was set up like a bowling pin. The person who CHOSE to do so knew what buttons to push so Megan would fall all the harder. I could do the same to a 13 year old by the same methods, but I CHOOSE not to do so, since not only do I value human life, but because I thoroughly understand and *respect* exactly how emotionally fragile a 13 year old can be. The basis of morality is understanding the difference between when you *can* do something and when you *should* do something.

      What happened wasn't murder but there was deliberate intent to harm. It's an abuse case that deserves to be prosecuted because it ended in the child's death. All this is cut and dried. The really scary thing is the way it's being prosecuted.

      --
      I have mod points. The reign of terror begins now.
    12. Re:Back To Reality by CastrTroy · · Score: 3, Interesting

      I was thinking more likely manslaughter. I think it would be hard to argue for murder when the two people in question had no physical connection. Did they even meet in meatspace? The again, either way it would set an interesting precident. Could bullies at a school be tried for murder if the subject ends up killing themselves. Certainly they are more at fault of a suicide than some person on the internet could ever be. If you don't like a relationship with someone on the internet, you could just not talk to them. If it's someone at school, it's hard to go a day without seeing that person.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    13. Re:Back To Reality by Anonymous Coward · · Score: 5, Insightful

      Then again the woman in question _CANNOT_ be allowed to get away with what she's done.

      Genuine question. Why not?


      I was on the receiving end of a somewhat similar attempt to drive me to suicide when I was in my teens. It's far too long to explain on slashdot, but I had a middle-aged guy threatening and abusing me, while convincing others that my mental illness was making me delusional. (It wasn't, I'm a neurotic, not a psychotic.) I did much later find out that it was deliberate. After he died, one of his friends admitted to being a bit disturbed about "the time they made that freak off himself". (I aten't dead. But I did basically just walk out of the city and become homeless for a while.)


      One thing I have carried with me ever since then is the utter certainty on the part of everyone who knew about it that he had no responsibility for what he did whatsoever. As long as the violence was mental, and not physical, all the responsibility was mine.


      What I have carried away from that, is that the human race is a cold and savage race. I can count the number of friends I have on one hand without using binary. Only when I am alone am I safe.


      Nonetheless, I have never been able to find any convincing argument why someone is responsible for the way another person reacts to their behaviour. Every argument I've ever presented as to why what was done to me might be wrong has been shot down.


      So, on a personal level, I'd like to see one of these self-centered bitches face some consequences for what they've done. I just think that the only reason it's happening is because there was a media frenzy manipulating people into it, not because people believe there was anything inherently wrong with what she did.



    14. Re:Back To Reality by Cro+Magnon · · Score: 2, Insightful

      Certainly, she was cruel, but did she actually INTEND to drive that girl to suicide? More important, can the prosecutor PROVE that she intended to drive the girl to suicide?

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    15. Re:Back To Reality by Sique · · Score: 3, Interesting

      You know, there is something called "emotional distress", which exactly describes the fact that someone is not able to look for help. And especially teenagers often have problems to go to their parents for help, because puberty is exactly the phase in life where you have to learn to get independent from your parents.

      And a 13 year old girl is no adult. She is not fully able to make a concious decision between life and dead. That's something she has to learn first. You can even show with frontal lobe scans that people younger than ~20 years are not able to make those decisions conciously. (This is why trying teenager as adults for murder is quite questionable from a medical point of view. Teenagers are no adults, even when they get delinquent. Period.)

      --
      .sig: Sique *sigh*
    16. Re:Back To Reality by JosKarith · · Score: 5, Insightful

      The worst thing is that you can't see what he's done to you. Mental abuse is abuse just as bad as physical - the scars may not be so obvious but they are there, and harm to the body fades a lot quicker than harm to the mind. His abuse of you has caused you to cut yourself off from an essential part of being human - our community.
      Trust me, I know what I'm talking about - after suffering horrific bullying at high school I went through a phase for about 4 years where I withdrew to the point that the only people I talked to were my family and only them if they badgered me into actually interacting with them.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    17. Re:Back To Reality by SatanicPuppy · · Score: 5, Insightful

      I hate it when people pull that shit. "My childhood was so rough, no one else has any room to complain." My childhood was hilariously rough, I mean like a joke. You name, it I had it. Seen a parent killed in front of you? Check. Have an alcoholic parent? I had three counting various step parents. Broken home? See above. Physical abuse? I got shot by stepfather #2 when I was 13, and it didn't even seem that bad in comparison to some of the other stuff.

      I didn't come out of that thinking everyone who didn't have it rough was a pussy. I've seen people completely ripped up by stuff that I saw so commonly it wouldn't have even registered.

      Everyone takes things differently. Some people will fold under a hit that other people won't even notice. That's just a fact, and there's no special virtue in being the sort of asshole who can just shrug it off. In my own case it makes me extremely angry when someone goes out of their way to smash up someone who can't take it.

      In this case there is no question that this girl was intentionally persecuted, and that that persecution lead to her death. Obviously she wasn't mentally tough, but that doesn't mean those who persecuted her deserve to get off.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    18. Re:Back To Reality by j_166 · · Score: 5, Funny

      "It takes a village, and when that village fails it needs to be prosecuted."

      And preferably burned to the ground, as an example to all the other villages.

    19. Re:Back To Reality by FredFredrickson · · Score: 2, Insightful

      Imagine if I was so upset that I killed myself because someone on slashdot regularly replied to my comments with mean statements. Imagine if I wrote a note saying this is why I killed myself- because userxyz is so mean to me, and I'm alone in the world.

      I'm pretty sure that doesn't count as homicide, and if it does, that leaves a very dangerous loophole in our legal system.

      Imagine killing bums and leaving suicide notes to get rid of people in power that you don't like.

      --
      Belief? Hope? Preference?The Existential Vortex
    20. Re:Back To Reality by j_166 · · Score: 2, Insightful

      Wait. Are you implying that her parents should have actually had to have some responsibility in raising their kid? What are you, some kind of Commie? If we can't punish other people who don't even live within hundreds of miles of us through the courts for our own failures of responsibility, then I think The Terrorists have already won. Frivolous lawsuits to blame other people for our mistakes are what America is all about. If you love taking personal responsibility for your own actions so much, why don't you move to North Korea.

      PS. Please kill yourself today.

      Love,

      j_166

    21. Re:Back To Reality by Laxitive · · Score: 3, Interesting


      I'm thinking a charge of manslaughter would be tenable as well. The persona she created was a weapon (whether it was physical or not, it was the instrument used to do the damage) she used against the girl. The question of intent, whether she consciously attempted to get the girl to commit suicide or not, is more muddled. The motive may have been just pure sociopathic glee she was deriving from torturing the girl.

      It's clear enough to any reasonable person that there was a high risk of injury or death as the result of the woman's actions, and she should have known that. At the very least, her intentional recklessness led to the forseeable death of another person. That sounds like solid basis for a charge of manslaughter.

      DISCLAIMER:
      I'm not a lawyer and I don't know what I'm talking about)

    22. Re:Back To Reality by Experiment+626 · · Score: 2, Insightful

      While it is true that people, particularly those with psychological problems, sometimes react to situations in ways that are not reasonable, I'm concerned about the way this case tries to hold someone responsible for actions because another party reacted to those actions in a way that was decidedly NOT reasonable.

      If I steal a stop sign, a reasonable reaction by someone encountering the situation I set up is to proceed through the intersection without stopping. If they consequently get into a wreck, it could logically be said to be my fault.

      But suppose I mod someone down on Slashdot or call them a "stupidhead". This person flips out with furious rage and goes and burns down a Kindergarten. Even though I precipitated the chain of events, should I really be held responsible for their actions? Also, would the answer be different if I knew beforehand that this person had a violent temper?

    23. Re:Back To Reality by sabt-pestnu · · Score: 3, Insightful

      But if you committed suicide, would the bullies be guilty of murder? Is that the standard we want to set, legally?

      If so, where do you draw that line? If Joe is caught two timing on Susan and Susan ODs on sleeping pills and alcohol? How about if Handsome Hal simply won't go out with Plain Jane?

      On the other end of the scale, how about if your Pointy Haired Boss keeps telling you "this has to be done by Friday, you worthless sack of pus", and you work yourself to death (Karoshi)?

      Similarly, non-physical spousal abuse?

      At what point do you assign personal responsibility for one's actions ... on both sides of the abuse?

    24. Re:Back To Reality by Alpha830RulZ · · Score: 3, Interesting

      That is an interesting question. High school bullies engage in behavior that, if they were adults, would be chargeable as assault and battery, harrassment, and stalking. Yet in high school they get a free pass. In my own experience, it contributed to years of fear and depression, and I certainly feel it -should- be criminal. It was chosen behavior, intended to cause harm, that did cause harm, as it's primary aim. I think that's a useful contrast to the example you offer of someone two-timing their boyfriend.

      I don't know what the answer is, but it's an important question.

      --
      I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
  3. Scary by Overkill+Nbuta · · Score: 5, Insightful

    Wired is running a related story about the potentially 'scary' precedent this case could set."

    Really I do not think theres anything scary about what will happen in this case. An adult should be semi responsible for there actions.

    How can an adult feel like toying with a young girl with an over self conscious image of herself when they live near them?

    I can understand that there could be other circumestances when this could be scary but in this case i thought it was just HORRID what the person did.

    Mod me a troll if you want. But i think most people when they read this case realize that what that person did was wrong. And i believe that in most circumstances driving someone to suicide is a crime. I don't care if you say that the person was to emotional, thats a reason that you should be semi understanding and not go out of your way to mess with them.
    1. Re:Scary by Phyrexicaid · · Score: 5, Insightful

      Wired is running a related story about the potentially 'scary' precedent this case could set." Really I do not think theres anything scary about what will happen in this case. An adult should be semi responsible for there actions. Exactly, we don't tell people who have stalkers to "get over it". We institute means to protect the person who is being harassed (i.e. don't come within 50 feet).

      Perhaps the way they are going about the lawsuit *does* set a scary precedent, and there is a *better* way to approach it, but IANAL. I do think that having protective measures in place is a good thing though. We have them for the real world, why not the virtual world?
      --
      The meme is dead, long live the meme!
    2. Re:Scary by Guido+del+Confuso · · Score: 5, Insightful

      There's no question that what this woman did was wrong and morally repugnant. But was it a crime?

      It's hard to see what she actually did that was illegal. This could have just as easily happened had the boyfriend been real. Lying to someone about your identity isn't a crime (generally speaking).

      On the other hand, if she had a reasonable expectation that the girl would commit suicide because of her actions, she could possibly be charged with reckless homicide or a similar crime for what she did. The obvious defense is that she had no way of knowing what the girl would do. I am guessing from the fact that such charges weren't filed that there was no history of suicide attempts, and that the woman likely didn't know (or can reasonably claim she didn't know) about the girl's clinical depression. Without those critical elements, there's no hope of securing a conviction, so it'd be pointless to file charges.

      Personally, I suspect she just was trying to get back at the girl out of sheer nastiness, and didn't think too hard about what her actions might lead to. I wonder if she even feels badly about it. I certainly hope so.

      That all being said, I think these charges are pretty tenuous at best. I can understand wanting to see justice done, but essentially making up crimes until you find something that will stick is not the way the American justice system is supposed to work, and it is an abuse of power on the part of the prosecutor. Sometimes you simply have to accept the fact that some wrongs will go unpunished because we are simply not equipped to deal with them at the time, and that is the trade-off for living in a free society.

    3. Re:Scary by snkline · · Score: 5, Insightful

      What is scary in this case isn't that the bitch would be punished. That is why she has been charged, a huge public desire to see this woman punished when there is no clear law that would allow it.

      What is scary is that instead of finding some actual law she broke, they are railroading her with an incredibly loose reading of anti-hacking laws. The problem is if she is convicted of this, and it is upheld on appeal, it sets incredibly bad binding legal precedent that violation of terms of service isn't just a civil contract violation anymore, it is criminal computer hacking.

    4. Re:Scary by QuantumG · · Score: 2, Informative

      It's not just you, I've seen hundreds of mis-replies since the threading rendering was fucked up.

      --
      How we know is more important than what we know.
    5. Re:Scary by mazarin5 · · Score: 5, Informative

      I would expect that she knew about the girl's problems. Her daughter and Megan had been close friends until they got in a fight; the reason Lori Drew alleges she started the hoax was to find out what, if anything, Megan was saying about her daughter. Megan confided in the persona for a long time, until she discovered a sudden onslaught of bulletins revealing all the secrets she shared, personal attacks, and comments about her body and mental health.

      When Megan questioned "Josh" about his intentions, "he" responded "You should just kill yourself."

      She did. She hung herself with a belt in her closet; it wasn't enough of a height to break her neck, but she crushed her throat and slowly suffocated over the next hour. Her mom found her upstairs, dead, a few days before her fifteenth birthday. She never lived long enough to find out that the cruelty was perpetuated by a grown woman living a few houses down, her daughter, and another neighbor girl.

      I've been following this one for a while.

      --
      Fnord.
    6. Re:Scary by Wavebreak · · Score: 4, Informative

      She might not be guilty of murder, but causing the death of another human being is a crime regardless of whether it was her intention to do so. There are circumstances that might exculpate someone, such as self-defense (in some cases), but none of them apply here.

      --
      Nobody expects the British Columbia Human Rights Tribunal.
    7. Re:Scary by mazarin5 · · Score: 5, Insightful

      Contrasting between the two mothers, I would say that their contribution to her death, in Drew's case is a matter of provocation, and in Meier's case a matter of failure at prevention. I think it raises the question of whether either woman had a reason to suspect that she would commit suicide, and I believe that in both cases the answer is no; nor do I believe that it was Drew's intention to drive Megan to suicide.

      I think it is clear, however, that Drew's intention, at least towards the end of this scenario, was to use her positions of trust as a family friend, a close friend's mother, and an imaginary boyfriend, to torment the child and cause her anguish. This is the charge levied against her.

      --
      Fnord.
    8. Re:Scary by bsDaemon · · Score: 2, Interesting

      And the moral of the story is, chicks is bitches... all of my female friends tell me there is no such thing as a "nice girl." All my friends that were in sororities fought more with their "sisters" than they did with girls from other houses.

      I had my problems with guys, but we'd just slug it out until someone gave up, then we'd be cool again. Girls, on the other hand, are all about sneaking around behind people's backs, rumors, gossip, backstabbing and "death from a thousand wounds" type shit.

      The fact a "boy" was doing that shit should have told her, either he was fake or gay. Guys don't do that shit.

      The only thing that surprises me about this is that you'd think a 50 year old woman would have something better to do than beat up on a teenager. Then again, I do remember reading Sleeping Beauty in one of my folklore classes, and as a child... this is more or less the same thing.

    9. Re:Scary by thegnu · · Score: 2, Insightful

      That, and once she gained the girl's trust by creating a false persona whose opinion she respected, she used the respected persona to tell her to kill herself.

      Why not just say, "Fuck you. Move on. Make new friends, and stop whining about life, stupid bitch."

      That would've at least been good advice, while still not blowing her cover as a mean, vindictive boy.

      --
      Please stop stalking me, bro.
    10. Re:Scary by RightSaidFred99 · · Score: 2, Insightful

      Interesting. How did she cause her death? Did she help with the rope? Did she kick out the chair? Oh, I see, she said some mean stuff. She could have done the same thing to 100 other girls, and 99 of them wouldn't have killed themselves. The fact is that being the final straw that broke the camel's back isn't a crime. Maybe her parents should be charged, all her friends, everyone who didn't help her?

    11. Re:Scary by RightSaidFred99 · · Score: 2, Insightful
      You caused a death by paying your taxes. You are causing a death right now by not sending all your extra money to hungry people in Africa. You could cause a death in traffic tomorrow by doing any of a number of things from small mistakes to actually driving properly and confusing some idiot on the roadway. You could cause a death by giving the wrong person a dirty look tomorrow.

      So your premise is fundamentally flawed. It is not inherently wrong to cause a death. It is inherently wrong to perpetrate a death intentionally or through gross physical negligence (think drunk driving, shooting a gun off in the air and it killing someone on landing, etc..). In all cases, you're directly causing the death directly by a short, direct, predictable physical chain of events.

    12. Re:Scary by Ryosen · · Score: 2, Insightful

      Was it a crime?

      Let's see.. she committed fraud (impersonating another person, in this case, a minor), harassment, conspiracy to cause harm (this was pre-meditated), willful intent to cause duress (she created the account to get back at the girl for having a falling out with her own daughter), all of which led to involuntary manslaughter (she purposely engaged in activities that, whether intentional or not, directly led to the child committing suicide).

      What I find to be truly disturbing is that the state of Missouri couldn't come up with anything better to charge her with than failure to follow MySpace's terms and services.

      --

      Ryosen
      One man's "Troll, +1" is another man's "Insightful, +1".
    13. Re:Scary by bar-agent · · Score: 2, Insightful

      I'd hate to think creepy old men could walk up to little girls in the mall and say "I'm the mall manager you need to come with me we believe you have shoplifted" or "Your mommy has been hurt and told me to come get you" and that's not somehow illegal.

      That is unethical and immoral. So was Lori Drew's fake Josh Evans. But they aren't illegal. The problem is the difference between law and ethics. You can decide the ethics of any novel situation, but a law only applies if it is written to apply. Ethics inherently considers the motives of the parties involved, but laws cannot effectively consider motives, because how do you know?

      This is the way it should be; laws can send you to jail, so you don't want the law to take you by surprise. You don't want ambiguity, you want to rely on precedent, you don't want new laws to apply to you retroactively, and you don't want to able to be falsely convicted because someone lies about you convincingly. If there was no existing law applicable to Lori Drew, then she gets off scot-free.

      What is missing here is an extra-legal way of dealing with creepy old men and Lori Drew. Back when we lived in small villages, if something like this happened, everyone know that the person done wrong, and everyone snubbed them or judged them or whatever. We're too populous for that stuff to work anymore. The only people in a position to punish Lori Drew are the people who know her.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    14. Re:Scary by Anonymous Coward · · Score: 2, Insightful

      What if we change one thing in the story... Instead of a 38 Yr old female... What if it was a 38 Yr old man pretended to be a 14 yr old boy to chat it up with a 13 yr old girl and becoming her online boyfriend...
      You wanna bet how fast his ass would be in jail?

    15. Re:Scary by Reziac · · Score: 2, Interesting

      Not only that, but kids have said the same nasty things to each other since time began. What's next, felony prosecution of grade schoolers who bully or tease one another?? how is it different just because it's online rather than one gang yelling at another across the playground?? Does this become yet another Magic Age Of Responsibility, where if a 17 year old says "Go kill yourself, loser" it's just kids being kids, but one day later and an 18th birthday, and the same speech is a felony?? What about the considerable body of music and literature on the subject -- could it be regarded as "conducive" to suicide?

      Also, suicidal people don't go for it because of what any one person says, no matter how nasty. It's a long slow process. So who do you really blame here? The parent she lives with every day, who failed to notice anything amiss? kids at school doing normal kid teasing and bullying? the fictional boyfriend? Do you blame the situation or the tipping point? Is the mean-spirited woman-next-door the culprit or the scapegoat?

      This could set a precedent where trolling could eventually become illegal as "conducive to poor self-esteem" or whatever is the PC-speak at the time.

      Are we really that thin-skinned and fragile as a species?? If we are, or want to be, sooner or later natural selection will have its way with us.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    16. Re:Scary by AK+Marc · · Score: 2, Insightful

      it's absurd to blame the woman for this.

      An adult lied to a minor with the express purpose of harming the minor. Do you not see any problem with that? What if it was an adult standing next to a busy street telling the minor that they were going to let them know when it was safe to cross, then told them to cross when it wasn't safe and the minor died? Hey, the minor stepped out in traffic of their own free will, resulting in their death, so it's just another suicide, right?

      I find it hard to bite that the woman -intended- for the girl to kill herself, but rather wanted to get back at her for the things she did.


      The law pretty much indicates that if you act with the intent to harm ("get back at" sounds like intended harm) and it results in a death, then there is some responsibility for the death (nearly 100% in civil cases, differing levels in criminal cases). Also, she isn't charged with murder. She isn't charged like she killed her. She is charged with harming her, which no one seems to be disagreeing with was her intent or the result of her actions.

  4. Re:It's as simple as this by Vectronic · · Score: 4, Insightful

    She was 13... what 13 year old girl (or boy for that matter) doesn't have emotional issues?

    Thats a very unstable and impressionable stage, where shit like the pencil you use in school seems important.

    If the case was another 13 year old, I would be rather dissapointed that the charges stuck... however she was/is 49 years old, preying on a 13 year old... thats, just flatout fucking bullshit.

  5. What's the big deal? by Serious+Lemur · · Score: 2, Insightful

    For once, an accurate first post. "Inflicting emotional distress" should not be a crime, because that means "insulting someone on Usenet" is a crime. Not only would we lose half the world's geeks within a year, but we'd have disgraced our legal system forever.

    If you really feel "emotional distress", you can take the traditional response - a duel, either with swords a la D'argtanan or with pistols a la Jefferson or with words a la Usenet. It's entered into by mutual agreement, which means no one gets anything they weren't willing to get. You can walk away from an insult or even a duel - you can't walk away from a lawsuit. My two cents (that's all I have, I'm not allowed to vote, those under 18 being clear idiots by definition) says that taking this into the courts is an insult to both parties. It's a private matter, and it should be settled privately.

    Sure, the girl committed suicide, so there's an emotional investment here on the part of the people hearing about the case, but people should be able to realize just what kind of precedent they're setting here. It's not a good one.

    1. Re:What's the big deal? by Serious+Lemur · · Score: 4, Insightful

      You just need legislators with a brain - finding them might be the real issue. Congratulations. I've never seen the main problem with our government summed up so succinctly.

      More to the point...I saw your earlier post and recognize the situation here, and I don't disagree that this woman has violated the law. Just trying to point out that "infliction of emotional distress" sure as hell shouldn't be the crime here. Find something that should actually be illegal to prosecute her under. But as a minor, I don't want it to be illegal to offend me on the Internet - otherwise, I could sue you (and lose, hopefully) based on your disagreement with me there. I'm an emotionally vulnerable child, and he damaged my psyche! I have no self-respect!

      Some people in my generation just need to get the fuck over themselves. I'm not trying to dismiss the pain she felt or say that this woman has done nothing wrong - just please, everyone-who-actually-has-a-voice-in-this-government, prosecute her for something that teenagers can't take advantage of. The law gets abused badly enough without things like "infliction of emotional distress" being illegal.
    2. Re:What's the big deal? by hyades1 · · Score: 5, Interesting

      I'm not sure I'm saying it properly, but it seems to me that this is going beyond calling somebody nasty names into an entirely new game. The case apparently centers on the manipulation of a minor through cold-blooded deceit and willful misrepresentation. It's the difference between beating somebody up during a fight and torturing a helpless prisoner.

      I'm not sure a law covering something like this wouldn't wind up being a cure worse than the disease. However, if this woman actually did what she's alleged to have done, she's a sadist at least and probably a sociopath. People like her wind up getting caught with dead people chained in their basement.

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
    3. Re:What's the big deal? by SatanicPuppy · · Score: 2, Insightful

      "Intentional Infliction of Severe Emotional Distress" is a common tort, and I've always wondered why a civil suit wasn't brought against the perp for this offense.

      Some states have applicable laws: "Sandy's Law" in Mass has a maximum penalty of 10 years, which would be reasonably appropriate.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  6. Re:It's as simple as this by lusiphur69 · · Score: 5, Insightful

    If the perp had have been a man, he would have been arrested. More importantly, we're not talking about a 13 year old harassing another 13 year old, we're talking about a 40-odd year old woman who knew the victim deliberately crafting a fake persona and instigating it into her life. Knowing that the target - a child - had mental issues, this deranged pathetic excuse for a human being nevertheless persisted in her campaign to deceive the child, involving as many of her own daughter's friends as possible.

    This is one of the most twisted things I have heard, and your logic echoes that of the sociopathic, fat, middle aged woman who felt the need to do this "I don't feel bad about this because she had issues with depression".

    The woman deserves what is coming, and I will laugh happily every time I hear her family has suffered misfortune - losing their business, pulling their daughter from school and hopefully soon being forced from the community. She acted without remorse and deserves to suffer consequences.

  7. Re:Accessing without authorization? by Derekloffin · · Score: 3, Interesting

    I think this is automatic when you violate the Terms of Service, which she did by providing false identification when she signed up as this alter ego. Basically, you accessed a system, in this case myspace, which is protect (although minimally) and did so without proper authorization (in the form of your proper identity).

  8. Re:Accessing without authorization? by Serious+Lemur · · Score: 2, Insightful

    What, so if I register for an email account with "Anonymous Anon" given as my name, I've broken the law? We really do live in a police state.

  9. Isn't this "alleged"? by dwater · · Score: 2, Informative

    Am I missing something?

    Everyone's talking about it like she's been found guilty already. Has the case been judged on already and I missed it?

    --
    Max.
    1. Re:Isn't this "alleged"? by mazarin5 · · Score: 2, Informative

      This is an old story, and Lori Drew has already made public statements on this matter. The facts of the incident aren't being discussed at this point, but rather what charges they can bring against her.

      --
      Fnord.
    2. Re:Isn't this "alleged"? by dwater · · Score: 2, Insightful

      Well, I don't know what 'indicted' means - it's one of those many words that I only encounter in the US.

      I should look it up, I suppose....ah, here we go :

      " 1. To accuse of wrongdoing; charge: a book that indicts modern values.
            2. Law. To make a formal accusation or indictment against (a party) by the findings of a jury, especially a grand jury."

      I am now assuming we're not talking about (1), but about (2) - ie the jury has already been involved and has found her guilty. What's the difference between 'indicted' and 'guilty' then, I wonder?

      ..and why all the pussy footing around in the article, if they have been found guilty already? Surely this isn't still 'alleged' if she's been found guilty already.

      Clearly, I know very little about US law (or any law, I guess).

      --
      Max.
    3. Re:Isn't this "alleged"? by bhtooefr · · Score: 2, Informative

      IANAL, but... as I understand it, when charges are filed against someone, the case goes before a grand jury, to determine whether the defendant could have possibly done the crime. If so, then the defendant is indicted, and the case goes to trial. Otherwise, it's thrown out before it goes to trial.

  10. Re:It's as simple as this by Free+the+Cowards · · Score: 4, Insightful

    Of course it's all "alleged". Until such time as the person is convicted, any reasonable news outlet will use the word "alleged" as a CYA measure against libel charges.

    --
    If you mod me Overrated, you are admitting that you have no penis.
  11. Re:It's as simple as this by dwater · · Score: 2, Insightful

    So, it's ok to assume she's guilty?

    What's the point in indicting her then? Why not just do an old-fashioned lynching?

    --
    Max.
  12. Re:It's as simple as this by dwater · · Score: 3, Insightful

    OK. Fair enough. I apologise.

    I read 'into' your post stuff you didn't write - ie that the *only reason* for putting 'alleged' is for the paper to avoid libel charges.

    Of course this isn't the case. The term 'alleged' actually means something, and that is that she hasn't been found guilty yet. It seems that the majority (all? apart from mine) of posts here have assumed she's guilty already.

    She does actually deny the charges, if I read it correctly. People don't seem to consider that she's telling the truth.

    --
    Max.
  13. A few thoughts... by Anonymous Coward · · Score: 5, Insightful

    Would the situation be any different if it weren't a hoax?

    What if Josh Evans really existed, and was true to what was spoken? Because then it would be a freedom of speech issue.

    1. Re:A few thoughts... by mea37 · · Score: 2, Insightful

      Of course, the people most responsible for protecting this particular child are this particular child's parents.

      This is a complicated situation, and it's easy to let yourself get led astray trying to break it down. There are two very different pictures of who did what, when, and why; if at least one of those stories indeed involves a crime, then it's up to a jury to decide what's true, so everything else we might say falls somewhere between hypothetical and speculative.

      Based on what I've seen (and I've seen more than this article... around here this was big news when it happened), I'm pretty confident I wouldn't like this neighbor if I met her. She sounds like a vindictive, self-righteous woman who does things she knows to be wrong to "get" someone she doesn't like or trust, and hides behind her own parental responsibilities to excuse herself when the consequences get out of control.

      But I also think that unless you're willing to apply this law in a similar case that doesn't lead to a child's death, you better think carefully about applying it now. Anyone who justifies it by saying "we can't let her get by with it", is out for revenge -- which is very different from justice.

      Maybe the laws haven't kept up. Maybe there needs to be a class of offense specifically relating to misleading a child to create a false world in that child's mind, or something to that effect. Maybe (subject to a hopefully-rational legislative debate, accounting for all the consequences of such a law). But if you can't find one on the books, then you may just have to accept that justice isn't always served in our system (or any system). We choose to err on the side of liberty, which leads to concepts like the ex post facto rule, which mean that sometimes someone does get away with it.

      You'd better believe local authorities tried to find a criminal charge they could apply. The truth might be -- good, bad, or indifferent -- that a civil suit is the only legitimate way to hold the woman responsible.

    2. Re:A few thoughts... by gnasher719 · · Score: 2, Informative

      What if Josh Evans really existed, and was true to what was spoken? Because then it would be a freedom of speech issue.

      That would be similar to the difference of the girl being pushed down the stairs and her falling down the stairs by accident. Or someone intentionally hit by a car or being accidentally hit.
  14. Re:It's as simple as this by Free+the+Cowards · · Score: 2, Insightful

    You make a fine point and I agree with you. I'm pretty sure that the possibility of libel charges is a big reason why news organizations use "alleged", but sometimes the result of CYA actions is something that's actually good, and I think this is one of those cases. Noble results from selfish actions.

    --
    If you mod me Overrated, you are admitting that you have no penis.
  15. Re:Look at the free speech issue by Serious+Lemur · · Score: 2, Informative

    Turns out I misread TFA. The crime was accessing private data, not using it to "inflict emotional distress", it was just phrased badly in (or my brain was malfunctioning when I read) the article.

  16. Re:It's as simple as this by WhatAmIDoingHere · · Score: 5, Insightful

    Except half of slashdot didn't create the profiles to terrorize a little girl and cause her to kill herself. In this specific case, a life was lost because of the actions of this woman.

    --
    Not a Twitter sockpuppet... but I wish I was.
  17. Re:Mod you a troll? Are you crazy?? by Serious+Lemur · · Score: 2, Informative

    Actually, we got into a discussion on this same subject lower down in the replies (I'd say later, but it was two hours earlier or so). The "emotional distress" bit wasn't actually part of the crime, her crimes were using false pretenses to gain access to Myspace (not using her real name) and conspiracy (I believe conspiracy to hurt the girl). So unless you have an elaborate plot to convince me I live under a bridge, feel free to mod me a troll.

  18. Re:It's as simple as this by IntlHarvester · · Score: 4, Insightful

    I think people here might be missing the logic behind this.

    The "victim" for the computer trespass crime is MySpace, not the girl or her family.

    MySpace suffered no financial losses because of this, so this is a highly dubious criminal charge. The family, on the other hand, has a legitimate case which they should take to the civil courts.

    (Obviously the base instinct is "get 'em!", but Slashdot should be more perspective about computer crimes.)

    --
    Business. Numbers. Money. People. Computer World.
  19. Another aspect to the logic behind this is... by keirre23hu · · Score: 4, Insightful

    "Get her (woman) any way you can" There is no legal means for prosecuting someone for what she did to the girl, so they found another way to bring charges, i.e. being arrested for resisting arrest or the way Gotti caused the deaths of dozens, but he went away for tax evasion. What she did was not acceptable socially, so the criminal justice system is trying to find a way to squeeze her in. I don't like it, but right now I think its better than having US Code specifying the legality of things like this on the Internet more than it already does. Considering the 80% of congress is technically inept (optimistic) and a different 80% could care less about passing ambigous legislation that can be misused.

    1. Re:Another aspect to the logic behind this is... by adam613 · · Score: 2, Informative

      Gotti was not sent away for tax evasion. He was convicted for the murder of Paul Castellano, among other things. You're probably thinking of someone else.

    2. Re:Another aspect to the logic behind this is... by Dog-Cow · · Score: 3, Informative

      That's not true. A law which states "do not murder" protects exactly no one and nothing. The purpose of a specifc law is to deter people from taking a specific action.

      A law which states "commit murder and face jail time" presumes to deter people from committing murder. Such laws have not prevented any murder committed in the past, nor will it prevent all murder from this day forward.

      The punishment is an integral part of the law. It is the deterrence. If the punishment is not seen as a consequence worse than the perceived benefits of the action, the action is not prevented.

      By necessity, the punishment must be worse than the crime in order to be a deterrence. Why do you think corporations flout laws all the time? Because the fines imposed are dwarfed by the profits made.

  20. What does technology have to do with this? by Dan+East · · Score: 4, Insightful

    The issue here is that prosecutors are using the typical shotgun approach, and firing a bunch of charges at her to see what will stick.

    Technology has nothing to do with this crime, and there could be negative ramifications if she is indeed found guilty of federal communication charges for a local crime.

    Let's pretend this occurred 30 years ago, and instead of using the internet as the backdrop, the woman and girl simply exchanged letters as local pen-pals. The woman would photocopy the girl's letters, and circulate them around the community, demeaning and belittling the girl. The girl finally finds out, and commits suicide over the humiliation and emotional distress.

    So what's the difference here? Society at large demands punishment for this woman, as she acted intentionally to harm the girl emotionally and humiliate her publicly. Whether she did so using sign language, morse code, hand written letters or the internet is irrelevant.

    --
    Better known as 318230.
  21. Re:Accessing without authorization? by tinkerghost · · Score: 3, Interesting

    I think I understand your TOS vs EULA comparison, but I'm not sure how it applies...the way I see it (which may be incorrect, IANAL) is that where she broke the letter of the law was using a false name when she created her account, i.e., if she had used her own name no crime would have been committed.
    If that's true, something's seriously fucked up.

    It's not as fucked up as you seem to think. I can call myself George Bush & even get credit cards under that name - so long as I am not engaging in fraud. If I try to get a credit card using the name George Bush & the Shrub's SSN, I get hammered with extra crimes listed. Using a pseudonym isn't a crime, using one to commit another crime is.

    In this case, a service was provided - the account - in exchange for demographic information used to drive marketing. By screwing with the demographic info, she defrauded the company - reducing the effectiveness of the marketing & increasing their expenses while reducing their return. It's basic fraud, obtaining services under false pretenses - I'm not sure why they are using hacking laws instead of fraud/wirefraud ones.

  22. Here's what technology has to do with it... by argent · · Score: 3, Interesting

    So what's the difference here?

    The difference is that the post office doesn't make you press a button on the mailbox to show you agree with a "terms of use" form lacquered to the side of the box, and there are no laws that pressing a physical button obligates you to abide by any terms. There are laws about what constitutes postal fraud, but random postal services companies don't get to set them up and have them be treated as legally binding on people who just push a button.

    There's a whole bunch of bad laws that have built up around computers and online services, and this is an example of why they're bad... because this case has the potential for establishing a whole new world of opportunities for lawyers and prosecutors to hurt people who are far less culpable than Lori Drew, while providing no real handle to deal with serious abuse.

    I have run into cases online where people who have deliberately engaged in long-term wide-scale bullying on the Internet. Some of them are well known and well respected members of the research community, people at major institutions who have written standard textbooks. Others are merely online personalities who restrict themselves to attacking people on political or religious grounds. Their victims have in some cases lost their jobs, and there have been rumors of suicides.

    These are not naive people playing a cruel joke on someone they know, there's no connection between them and their victims, they may not even be in the same country as their targets, and they feel no remorse for their actions... they've played the same game over and over again, and even boasted about it where they feel safe to do so.

    And no amount of playing games with EULAs will stop them. All it will do is create more opportunities for abusive prosecutions and lawsuits.

  23. Had similar things happen myself by phorm · · Score: 4, Interesting

    I had an ad online looking for a roomate. My ex, who knew the site I posted on, crafted up a fake persona on the roommate site, and answered my ad. As the room was taken, she then proceeded to chat me up using the fake identity and the knowledge of my personal interests etc.

    After stringing it along for awhile, she indicated that she "wouldn't be moving so soon after all", but invited me to a fairly cool party in a city several hours away (Victoria).

    I was suspicious, though I didn't suspect my ex , but rather thought that perhaps some friends that I knew to be in Victoria were planning a joke. I was bored, so I decided to check it out. I half-expected to arrive and find all my buddies waiting for a big "surprise", and half expected that perhaps there was a real party. Turned out the address itself was bogus (darn you mapquest, you said it existed) and a waste of time.

    So then I traced the IP's on the email back to the wireless of the local college, which gave me some suspicions of the sender. I managed to determine that the password on the sender's hotmail account was my ex's birthday.

    So my point? Well, it's pretty freaky to know that somebody will go to *that* much trouble to mess with you, even when you're an adult. As a techie type of guy, I've regularly met friends from both online and off, but it's put a pretty big damper on my trust of those online. It's one thing to know that when you meet a person they might be a little exaggerated in personal details, and another to realize you've befriended somebody who's just a troll created to get into your head.

    My story ended (I hope), when I talked to the police. They weren't actually able to do much about the whole internet thing (though it seems like stalking to me), but they were able to deal with the fact that she was calling me about 15-20x in an hour, and often masking her phone # from my call display. The threat of criminal harassment charges and deportation (she was a student from overseas) tuned her down a bit, and I moved from that city not that long after.

    This girl's story ended when she got too attached to her stalker, and was given a directive to end her own life. Was she too impressionable? Perhaps. It seems like it's fairly easily a case of stalking/harassment to me. Throw in the age and I'm sure that other things crop up.

    As mentioned elsewhere, if this were an adult male and a young woman, they'd most likely have gone after this even more heavily.

    I don't agree with trumped-up charges, but what happens when there are many things that are a half-fit, but don't quite match the modern world? The problem is that laws don't always keep up with technology, and unfortunately the technology is not well understood (which leads to vague and easily abused laws). Perhaps there needs to be a meter that distinguishes minor online "harassment" such a posting insults on usenet from creating a fake identity to target and damage a specific person.

    Nowadays I think that the best meter for that is still the same as before. A judge, and/or a jury. Unfortunately, they're both (especially a jury) still influenced strongly by emotion and doublespeak, but the justice system is still one of our best ways of making a strong impression about what is not acceptable in today's society.

    I'm an adult, I can deal with this shit. A 13-year-old girl, already an outcast, could use a little help or protection.

  24. Re:It's as simple as this by Arccot · · Score: 4, Insightful

    The woman deserves what is coming, and I will laugh happily every time I hear her family has suffered misfortune - losing their business, pulling their daughter from school and hopefully soon being forced from the community. She acted without remorse and deserves to suffer consequences. I'm not a big fan of mob justice. Not patronizing a business because you disagree with the owner is fine. Death threats, assault, and other violent and criminal activities have no place here. Causing more unhappiness certainly doesn't improve their community.

    Why not put all that hate-filled energy into positive steps, like helping out a suicide hotline or pushing for legislation they feel would prevent this in the future?

    The people who attack her family are doing evil, plain and simple. I hope they get sent to jail for it.
  25. Re:Layoffs == murder? by corbettw · · Score: 2, Interesting

    Only if your motivation for the layoff was to wreck your employee's life. Which is not the motivation behind layoffs, it's to keep the business a going concern by reducing overhead.

    A more apt comparison would be the boss who makes an employee's life a living hell, driving him to quit, then actively prevents him from getting a new job, leading to the scenario you described. In that case, I'd think there probably would be civil remedies to the former employee's survivors.

    --
    God invented whiskey so the Irish would not rule the world.
  26. Re:It's as simple as this by bsDaemon · · Score: 4, Informative

    an indictment means that a Grand Jury has weighed all the evidence and decided that there is enough of it to cause any reasonable person to believe that a crime has in fact been committed. Rules of evidence are much more lax and guilt or non-guilt is not the issue -- only whether a crime has been committed.

    The Grand Jury then issues an indictment, which are the formal charges which will be presented to the criminal court, in which arguments will be weighed by a Petite Jury who decides if the individual in question did the shit that the Grand Jury said happened.

    My knowledge of the British legal system comes from watching Poirot and a few episodes of Murphy's Law, but I think its roughly analogous to a Coroner's Inquest in the UK, where they decided if in fact a it was a murder before they decide who actually gets charged with the crime.

  27. Re:It's as simple as this by Arthur+B. · · Score: 3, Insightful

    Causality does not imply responsibility. Maybe hundred thousands died in Burma because I yawned a month ago. That doesn't make me responsible.

    Alternatively I could ask the cab tomorrow : "make a right after all". And bam, he'll hit someone. My opening my mouth to give direction belongs in a causal chain leading to this death. It doesn't make me responsible.

    Responsibility comes when the action you did was intrinsically a crime (regardless of the consequences).

    --
    \u262D = \u5350
  28. Re:Clinical depression by Jaysyn · · Score: 2, Interesting

    You say that as a joke, but she if she was as fucked in the head as everyone is saying, then let me ask a few questions:

    1.) Why was she on the internet unsupervised?

    2.) If she had such debilitating depression, was she seeing a therepist?

    3.) If it had been a "real" boy would this have even made the local news?

    --
    There is a war going on for your mind.
  29. Re:It's as simple as this by unlametheweak · · Score: 2, Interesting
    Your first post:

    So, it's ok to assume she's guilty? Your follow-up post:

    I read 'into' your post stuff you didn't write... It's not usually wise to assume anything.

    And you also wrote:

    It seems that the majority (all? apart from mine) of posts here have assumed she's guilty already. It seems to me that people just want the courts to decide if she is guilty.
  30. Re:It's as simple as this by R2.0 · · Score: 4, Interesting

    "The woman deserves what is coming, and I will laugh happily every time I hear her family has suffered misfortune - losing their business, pulling their daughter from school and hopefully soon being forced from the community. She acted without remorse and deserves to suffer consequences."

    Her family will be lucky if she isn't found dead in an alley.

    One of the reasons this crime is so shocking is that, not too long ago, the consequences would have involved death at the hands of the dead girl's family. I don't know whether to be sad or glad at the fact that this hasn't happened yet.

    I'm reminded of a story a coworker tells of an uncle of his who was a preacher. He was the consummate Southern gentleman (as is my coworker), but tells the story of a parishioner of his. It was well known that her husband was a drunkard and beat her regularly, and after a long time she came to the pastor for advise (note - NOT the law). These were the instructions he gave her:
    1) When he goes out Saturday night, get a bedsheet and wet it until soaking. Wait.
    2) When he comes home, wait until he passes out and then wrap him as tightly as she can in the sheet. This will immobilize him.
    3) Beat him. He will wake up and threaten you - beat him until unconscious. He will plead with you - keep beating him. If he tries to get out of the sheet, beat him until he stops. Beat him until he swears never to touch alcohol again or raise his hand in anger, and you believe it - if he sounds insincere, keep beating.
    4) If you get scared or are unsure of what you are doing, call me and I'll come over and pray with you for the guidance to do what you need to do.

    Apparently, it worked - next Sunday they showed up in church, her looking tired and him meek and covered in bruises, but by all reports he never drank or hit her again. Which raises the question - if we can take care of ourselves and our families with some help from our community, why does the State wish to stop that?

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  31. Re:James Vance vs Judas Priest by NotBornYesterday · · Score: 4, Insightful

    A big difference here is that the efforts of the women (Drew and Grills) were targeted at one person, and were designed to hurt and deceive. Whether that's criminal or not may be debatable. Girls in the 11-to-15 age range go through hell emotionally, hormonally, socially, etc, and each of these factors magnifies the others. What may appear to be drama and hyperbole to adults is often very real in the mind of a young teenager. I never really realized that until I had a teenage daughter, and I can say that when she was at that age, I did notice that the online world (AIM, mostly)seemed to be a trigger that brought out the worst in her. The argument that Megan and her mother had is very similar to ones my wife and I had with our daughter. I am convinced that the same issues crop up with most teenage girls and their parents.

    Drew and Grills should have known better. They were once adolescent girls, (at 19, Grills might arguably still be one) who now as adults are morally required to take the high road. Solution? Dunno.

    [Starting rant; invoking wishful_thinking() ... ]

    Revoke their adulthood. Driver's license? Gone. Checking account? Get a legal guardian to approve your expenditures. Car loan? Get a cosigner. Set a curfew. Make them ride a schoolbus every day. At work, make them raise their hand and get a hall pass before they go to the bathroom. Voting? Drinking? Smoking? Forget it. Not mature enough. Make them write 10,000-word essays about being nice to others. Make them fill a blackboard with "I will not torment vulnerable teens online" hundreds of times. Daily. After they spend sufficient time slogging through 'childhood', maybe they'll someday be worthy of adult status.

    [End rant; invoking return_to_reality() ... ]

    --
    I prefer rogues to imbeciles because they sometimes take a rest.
  32. Re:It's as simple as this by unlametheweak · · Score: 4, Interesting

    So, you fully support putting people in jail for violating "terms of service" agreements (essentially, an EULA)?

    Dangerous DANGEROUS precedent to make yourself feel better about a depressed kid doing the inevitable Maybe. If it was a bank account or an eBay account and not a MySpace account I'm sure people may feel differently. In the former cases it is not so much the violation of the "terms of service" that causes the harm, but what exactly the violation is and how it effects people.

    Perhaps this woman should be charged with 'child abuse', as "Child abuse is the physical, psychological or sexual maltreatment of children." (Ref. http://en.wikipedia.org/wiki/Child_abuse). If this woman (or more likely if it was a man) was sexually enticing this girl then 'child abuse' charges would likely be filed. It is sad when people put such little emphasis on psychological abuse (of other people, and especially children) though I've always found much hypocrisy when it happens to themselves.
  33. Re:It's as simple as this by sm62704 · · Score: 2, Interesting

    She was 13... what 13 year old girl (or boy for that matter) doesn't have emotional issues?

    That's the problem with politically correct euphemisms; they are inaccurate, often to the point of fiction. By "emotional issues" he means "batshit crazy".

    All thirteen year olds have emotional issues, but nobody kills themselves unless they're batshit crazy, even if they are an emotionally unstable 13.

    The sad thing is, there are some very effective drugs and other therapies these days to treat those particular form of batshit craziness, but our society sees mental illnesses not as treatable diseases but as some sort of moral deficiency. The crazy person doesn't want to be crazy any more than a cancer patient wants cancer, but he or she is just as powerless to "just get over it" as a cancer patient is.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  34. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  35. a knee jerk question by alchemy101 · · Score: 2, Interesting

    The question that I would like to ask is, if the allegations made against her are indeed true, is Lori Drew is fit to be a parent?

  36. Re:It's as simple as this by Hyppy · · Score: 2, Insightful

    The charges brought against her are for a Terms of Service violation, which is being claimed falls under anti-hacking laws.

    It doesn't matter to me what the back story is, what matters is the binding precedent that could be set, making it a criminal offense to sign up to a web service with anonymous or false credentials.

  37. Re:It's as simple as this by Hyppy · · Score: 3, Insightful

    Perhaps this woman should be charged with 'child abuse', as "Child abuse is the physical, psychological or sexual maltreatment of children." (Ref. http://en.wikipedia.org/wiki/Child_abuse [wikipedia.org]). If this woman (or more likely if it was a man) was sexually enticing this girl then 'child abuse' charges would likely be filed. EXACTLY! Charge her with child abuse, or any of the stalking laws, or any of the other "protect the children" laws, but do not criminalize contract law. There are a multitude of laws which can be bent or twisted or re-read to apply to this case.
  38. Re:It's as simple as this by coleblak · · Score: 2

    I remember the first time i saw this, some six or seven months ago, I guess. At the time, I remember her saying, (paraphrased)"yes, I did create the account to find out about the people that were picking on my child." So..., screw alleged. If my memory serves, and it invariably does, bitch is guilty, fry her.

    --
    77 HITS
    Really Long Off Topic Combo
  39. Re:It's as simple as this by bkr1_2k · · Score: 4, Insightful

    Which raises the question - if we can take care of ourselves and our families with some help from our community, why does the State wish to stop that?

    Because, like it or not, the woman in your example was no better beating her husband than he was beating her. It may have worked, but more often than not, it doesn't. I know people who've been hospitalized for shit like that. I know of (second hand) multiple people who've been killed for shit like that. Either the husband died or the wife died because she tried to "fight" back.

    Giving bad advice that works out okay isn't acceptable. What the pastor should have told her was "get out of the house--take the children (if applicable) and call the cops." Anything else was negligence on his part.

    --
    "Growing old is inevitable; growing up is optional."
  40. Re:It's as simple as this by unlametheweak · · Score: 2, Interesting

    Your point being? As I've stated:

    It's not usually wise to assume anything. Point: avoid making assumptions.

    And I've stated:

    It seems to me that people just want the courts to decide if she is guilty. The point is that people (in my opinion) are not assuming she is guilty, but rather want justice for an apparent crime that has 'allegedly' happened. In other words I believe that people would rather have the woman brought before the courts to have a fair trial of her guilt or innocence. Merely wanting a person charged with a crime does not necessarily imply prejudice (but wanting that person charged and convicted without a fair trial would).

    Regards,

    UTW

  41. Buy gold, go to jail? by BobMcD · · Score: 2, Interesting

    If this 'scary' thing really does attach, would it be THAT great a legal leap to say that buying gold (against such a game's TOS) is likewise hacking, in the same manner?

    Seems like it to me.

  42. Re:It's as simple as this by ArcherB · · Score: 3, Insightful

    Causality does not imply responsibility. Maybe hundred thousands died in Burma because I yawned a month ago. That doesn't make me responsible.

    Alternatively I could ask the cab tomorrow : "make a right after all". And bam, he'll hit someone. My opening my mouth to give direction belongs in a causal chain leading to this death. It doesn't make me responsible.

    Responsibility comes when the action you did was intrinsically a crime (regardless of the consequences). This woman, under a fake screen persona, "allegedly" told this little girl that the world would be a better place without her. In other words, "Kill yourself", which is exactly what the girl did. I think that makes her at least somewhat responsible.

    As for the rest of, unfortunately, there no law against being a C**T! However, there may be something they can do about her being a C**T to a 13-yr-old girl.
    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
  43. The larger truth by tjstork · · Score: 3, Interesting

    Because, like it or not, the woman in your example was no better beating her husband than he was beating her. It may have worked, but more often than not, it doesn't.

    The larger truth is that, if the husband is coming drunk all the time and beating his wife, he is a no-account man and he probably does deserve to be killed.

    --
    This is my sig.
    1. Re:The larger truth by tjstork · · Score: 4, Funny

      How do you defend yourself against a woman who's beating you with pots and pans, brooms and the like?

      Take the pots and pans ands brooms away from her, and tell her to quit breaking all the stuff because she's got a lot of cooking and cleaning to do.

      --
      This is my sig.
  44. Stunner: Wired is overreacting. by KutuluWare · · Score: 3, Interesting
    I'm not sure how I personally feel about what this lady has been charged with. Frankly, "violating terms of service" seems to be letting her off easy given that (based on the information I have heard or read, at least) she maliciously harassed the victim with the conscious intent of inflicting mental distress -- on an already depressed girl. I'm sure the Feds could be more creative with anti-stalking or anti-harassment or hell, even assault charges if they wanted to.

    But Wired's main complaint seems to be this:

    That sets a potentially troubling precedent, given that terms-of-service agreements sometimes contain onerous provisions, and are rarely read by users. I agree with them that equating a TOS violation with "hacking" might be a stretch, but it is already well established case law that unreasonable, illegal, or outrageous terms in a contract cannot be enforced. And a TOS agreement is, essentially, a contract between you and the service provider. So we aren't all suddenly going to be charged as felons because the /. TOS says we need to name all our pets Cowboy Neal -- basically the doomsday scenario Wired is trying to paint.
  45. Re:It's as simple as this by aka-ed · · Score: 3, Informative

    As the indictment is handed down, the issue being legally resolved is the question of whether or not a crime has been committed. Most of us think a rather heinous crime was committed and, as Lori Drew is the only accused, she's getting the benefit of people's wrath. We all know that she is innocent in the eyes of the law, but we also know that "Josh Evans" did not invent himself.

    --
    I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
  46. Re:It's as simple as this by dwater · · Score: 2, Insightful

    Point: avoid making assumptions. Well, I think I apologised for that. However, I think the mistake was understandable, personally.

    I also think you are sounding an aweful lot like my mum.

    It seems to me that people just want the courts to decide if she is guilty. Perhaps you're right. I'll see if I can read them more in that light.

    however she was/is 49 years old, preying on a 13 year old... thats, just flatout fucking bullshit.

    we're talking about a 40-odd year old woman who knew the victim deliberately crafting a fake persona and instigating it into her life. Knowing that the target - a child - had mental issues, this deranged pathetic excuse for a human being nevertheless persisted in her campaign to deceive the child, involving as many of her own daughter's friends as possible....The woman deserves what is coming, and I will laugh happily every time I hear her family has suffered misfortune

    If the 40 year old woman hadn't pushed her over the edge by deliberately tormenting Nope...I don't want to bother reading any more since I've read them already. It seems clear to me that the vast majority of posters are assuming her guilt already.
    --
    Max.
  47. Re:It's as simple as this by FredFredrickson · · Score: 2, Insightful

    No, I think you were dead on earlier. I'm not sure if you're from the US, but 'round these parts, basically when a case like this happens- the news and media outlets report these things as if the defendant is already guilty, and put in catch phrases like "alleged" and "possible," but the insinuations they make stick. Public opinion usually mirrors the desired projected opinion of the media outlets.

    Ask any american if they thought OJ Simpson was guilty. Everybody I know thinks he is, despite the fact that the court found him not guilty.

    This is not an issue of "let's wait and see." Typically, the general populous sees news headlines such as "Person X being investigated for crime Y against Z" and interperate is to mean "Person X committed Y against Z, but we have to wait for the court to sentence him/her."

    So while a majority of the logical people here at slashdot may believe "indicted" means just that- It's safe to assume that the general populous will make the guilty connection even when the media outlets do cover their asses with terms like "allegedly."

    --
    Belief? Hope? Preference?The Existential Vortex
  48. Drew will be punished by herewegoagain · · Score: 2, Interesting

    If you dig a little further you will see that the woman in question is becoming famous in her town... and so is her husband.

    I suspect they'll be financially ruined for what they did. No one will buy a house from him (he's a realtor) and her advertising newsletter won't get ads--or readers.

    She's squirming now like most criminals trying to find some explanation she can live with for the evil she did. Everybody needs to be the hero in their life story... and it sounds like she'll be a hero (in her own mind)--but a poor one.

  49. Re:It's as simple as this by egomaniac · · Score: 5, Interesting

    This hits close to home, as my sister-in-law is mentally ill and unable to properly care for herself, so she is currently living with my wife and me. And her parents absolutely do not understand that this is a real illness -- they have repeatedly told her that she just needs to "snap out of it" and pull herself together, and that she just needs to exercise some willpower and stop feeling the way she does.

    And of course every time they have a conversation like this she is left in tears and feeling completely worthless, which is great for somebody that's going through some serious problems to begin with. She has repeatedly said that she wishes she had some kind of gaping wound instead, because at least then people would take it seriously.

    Mental illness can be frustrating -- I'm frustrated with her myself sometimes. But I have never doubted for a second that she is truly ill, and she is taking her meds and going to therapy and everything else she needs to do in order to get better. And it's working; just not quickly enough for her parents, evidently.

    --
    ZFS: because love is never having to say fsck
  50. Trolling a Federal Crime?!??!? by borcharc · · Score: 3, Insightful

    This women is basically a online troll, as much as we may not like her or think she is evil she is no different then any other online troll.

    This case is scary because next people will be arrested for trolling /. or others due to there violation of a civil agreement between the site operator and the user, that is clearly a civil matter between the two.

    Also it is important to note that the girl who killed herself approached her parents in a state of emotional breakdown after the "breakup" and her mother couldn't care less, thats why she went up stairs and hung herself in her bedroom. To get back at her MOTHER for not caring about her horrible life as hanging yourself in the home in a place readily to be found (such as bedroom or garage) by a family member is about punishing them, its a calculated decision to show them what they have done.

    If anyone should be charged it should be the MOTHER because she actually had a DUTY to care for the girl unlike the troll....

  51. Treating this with too much black and white by hellfire · · Score: 2, Insightful

    I'm looking over the postings and I see the usual "throw the book at the defendant!" or "the girl needs to grow some skin." These types of stories bring out the worst in this crowd and sight a severe flaw in thinking... we aren't thinking about the middle ground.

    This woman Drew needs to be punished. She started this thing up as a joke. A very stupid and sick joke. However I don't think she should do 80 years for the crime. She should do time as an example to people who think they can just find a random person online, take advantage of them, and cause severe harm. Then they should be let out after some time and allowed to move on. The intent was not to kill the girl but they were very reckless.

    At the same time, the other side has a great point. This girl needed to grow some skin, and where were the parents? This wasn't murder, and shouldn't be treated as such. The parents deserve some satisfaction, but they need to own some blame too.

    --

    "All great wisdom is contained in .signature files"

    1. Re:Treating this with too much black and white by Ihlosi · · Score: 4, Insightful
      This girl needed to grow some skin,



      Sorry, unless you're Jeebus himself, someone with clinical depression won't "grow some skin" just like a paraplegic won't "get up and walk" or a blind person will "open his eyes and see".

  52. Re:It's as simple as this by canajin56 · · Score: 4, Interesting

    You don't understand the story. This girl was depressed and suicidal, and had attempted suicide before. She told her best friend this. Her best fiend felt slighted over something that happened, and told her mom all about it. Mom created an account belonging to a "13 year old boy" who "went to another highschool" and started e-dating her. Telling her how smart and pretty she was, how he can't wait to meet her. She got her daughter and her daughter's friends to play along, mentioning having met this fake boy over the summer and other such stories, to make sure she believed he was real, to cement what a heart-throb and a sweet caring guy he was. Then one day "he" told her he was lying for a joke, she's stupid and ugly and world would be better off if she was dead. And she killed herself.

    A post above said that the mother denies it. This may be true now, but initially she confessed and boasted that she did nothing illegal. She said it doesn't matter what I said, she was crazy and would have killed herself no matter what. She has said such things as "It's done, she killed herself, let it go" and so on. She admits telling her to kill herself, she admits making this account to spy on her and "see if she was talking about my daughter behind her back". Only now that she is in trouble does she backpeddle and say she was lying about all of that, she didn't actually do it!

    --
    ASCII stupid question, get a stupid ANSI
  53. Re:all fundamentalism is wrong by onecheapgeek · · Score: 2, Interesting

    Good points. Unfortunately, you are confused since Lori Drew didn't send the famous "the world would be better without you" message. In fact, she didn't:
    1) create the account
    2) send a majority of the messages
    3) "tell" her to kill herself.

    All of those were done by Ashley Grills, also an adult. Incidentally, the Meier family does NOT hold her responsible.... Fascinating, isn't it?

    So actually, no good points. Charging the wrong person because of public pressure is never a good thing.

  54. this is not trolling what she did by circletimessquare · · Score: 5, Insightful

    trolling is like taking a paper bag of crap and throwing it into a crowd and revelling in the screams if disgust

    1. its anonymous, not personal
    2. its temporary and short
    3. its done amongst a group of equally aged and emotionally mature people
    4. the target is a crowd of people, a community, not a single person

    what this evil woman did is more like stalking: purposefully targetting and manipulating one person over an extended period of time

    furthermore, most disgusting, this was the actions of an adult against a child. there is no understanding of trolling that assumes that an adult is picking on children

    and to go even further into disgust, the adult KNEW the child had emotional and suicidal issues when she set about this plan of decpetion and emotional manipulation

    so this case cannot set a precedent against trolling

    it can only set a precedent for:

    1. prolonged one-on-one stalking
    2. manipulating the emotions of a minor
    3. manipulating the emotions of someone you know to be suicidal or otherwise emotionally fragile

    all of which, in fact, deserve to made criminal

    this is not just trolling, what this evil woman did

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:this is not trolling what she did by demeteloaf · · Score: 2, Insightful

      I don't think there is anyone here who doesn't think that what the woman did was a complete asshole thing to do, and was morally wrong. However, what you have to ask yourself is, even though this was a horrendous act, did she break any laws? Originally, the state DA said they couldn't prosecute because there was no crime committed. Now, if the government thinks that that is a problem and wants to write a new law to cover situations like that in the future, that's fine. But if you ask me, at the time the act was committed, i don't think it was against the law.

      However, what she is being indicted for is breaking the MySpace TOS. Personally, I don't think that breaking the TOS of a website should be considered a criminal action, and if the emotions of this case get in the way, and people let "THIS WOMAN DID SOMETHING AWFUL" get in the way of "wait, we're punishing this woman for violating the TOS of a website" and she gets convicted, I think it will lead to a very dangerous precedent for future cases.

      --
      If there's anything more important than my ego around, i want it caught and shot now.
  55. Re:It's as simple as this by Ardipithecus · · Score: 2, Informative
    It is a common lawyerly saying that one can get a grand jury to indict a ham sandwich.

    In this case, we can see a US Atty was as indignant as most decent people and has gone pretty far out of his way to do something about it.

    Perhaps DREW can Facebook from the big house.

  56. Re:It's as simple as this by 644bd346996 · · Score: 4, Interesting

    At issue is not whether she's guilty, it's whether there's a law that makes her actions criminal. It's already abundantly clear that she's a bitch and society has condemned her actions. There just doesn't seem to be any good method of legal recourse against her.

    (Although I suppose MySpace could sue her for breaching the terms of service and the resulting bad press for MySpace, that would be civil charges, not criminal.)

  57. Violating a TOS = crime is S C A R Y ! ! by jdh3.1415 · · Score: 2, Insightful

    What Lori Drew did was awful. But, her prosecution is scary. Based on the posts I've seen, it's obvious slashdotters are not RTFA'ing but arguing the points in the article anyway. In a nutshell, Ms. Drew faces jail time for violating myspace's TOS.

    The prosecutions argument boils down to:
    1. Ms. Drew provided false identifying information to myspace.
    2. Therefore, she violated their TOS.
    3. Since she violated the TOS she did not have authorized access to their computers.
    4. By accessing their computers without authorization, she violated the Computer Fraud and Abuse Act.

    I seriously doubt there is anyone on slashdot who has never violated a TOS.

    Does your ISP prohibit running servers, but you setup an FTP, HTTP, or vent server anyway? That could mean prison time. Have you ever given false identifying information to a web site so you could avoid SPAM? If so, go to jail. Do you even read TOS? If not, you might be a criminal but don't know it.

    People are righly outraged by what Ms. Drew did. But, making it a crime to violate a TOS to satisfy that outrage is a mistake.

  58. Re:It's as simple as this by Amilianna · · Score: 2, Insightful

    Really? Because if, say, the person was a 40-year-old who had created the fake MySpace profile with the purpose of soliciting sex from the 13-year-old, I'm sure many people would have no problem with the criminal charges. Realistically, the problem here isn't that she created the fake profile (and that they keep focusing on that aspect is, IMO, stupid) but the problem is that a 40-something-year-old woman got on the internet, told a 13-year-old girl that the woman was a 13-year-old boy and engaged in a relationship with her so that she could serve her own twisted ends of torturing and tormenting the girl. It is as simple and as complex as that to me - that someone (allegedly this woman who is on trial) was preying on a 13-year-old on the internet via lies about their age/gender/etc. What if, instead of using the account to torture the girl, the woman had instead suggested they "meet" and then raped her? Would everyone be saying that doing this wasn't a crime?

    Just a level of perspective.

    --
    "Does bouncing count?" - Silk, Magician's Gambit by David Eddings
  59. Excellent Legal Post by resistant · · Score: 4, Interesting

    Apologies to Slashdot readers if someone else already posted the following link(s) or material, but I looked for it and related keywords over the entire thread, finding nothing. Orin S. Kerr over at The Volokh Conspiracy (a legal blog with a cool name) has posted a useful quick analysis of the matter, which I believe is more important than might appear at first glimpse. It's well worth reading in its entirety, but I'll quote a short stretch of it:

    [...]

    This case involves a terrible tragedy; I think what Lori Drew did is truly despicable. But the government's legal theory, based entirely on the Computer Fraud and Abuse Act, 18 U.S.C. 1030, is very weak. Legally speaking, the prosecution is a real stretch. In my view, the courts should dismiss the indictment. In this post, I'll explain why.

    To understand this case, you need to understand the government's theory. The indictment is not charging Drew with harassment. Nor are they charging her with homicide. Rather, the government's theory in this case is that Drew criminally trespassed onto MySpace's server by using MySpace in a way that violated MySpace's Terms of Service (TOS).

    Here's the idea. The TOS required Drew to provide accurate registration information, not to harass or harm other people, and not to promote conduct that was abusive. She didn't comply with these terms, the theory goes, so she was criminally trespassing onto MySpace's computer when she was logging into her account. The indictment turns this into a federal felony conspiracy charge by arguing that she did this in concert with others to obtain information and to further tortious conduct -- intentional infliction of emotional distress -- violating the felony provisions of 18 U.S.C. 1030(a)(2).

    But these arguments are a real stretch for three reasons.

    Problem One: The first major hurdle is a legal question that I wrote an article on in 2003: Is it a federal crime to violate contractual limitations on use of a computer? The federal statute, 18 U.S.C. 1030, generally prohibits accessing a computer "without authorization" or "exceeding authorized access." But what makes an access "without authorization"? If the computer owner says that you can only access the computer if you are left-handed, or if you agree to be nice, are you committing a crime if you use the computer and are nasty or you are right-handed? If you violate the Terms of Service, are you committing a crime?

    In my article, Cybercrime's Scope: Interpreting "Access" and "Authorization" in Computer Misuse Statutes, 78 NYU L. Rev. 1596 (2003), I argue that the answer should be "no." I won't recite the legal arguments here, as you can just read the article itself. (You can imagine the basic idea, though: Since everyone who uses computers violates dozens of different TOS every day, the theory would make everyone who uses computers a felon.) However, I will point out that the MySpace case is to my knowledge the very first federal indictment that has tried to claim that violations of Terms of Service for an Internet account amounts to a crime under Section 1030. In fact, I wrote my NYU article in part because I figured it was only a matter of time before a sympathetic case came along and some aggressive prosecutor would try the argument and see if it flew. It looks like this is the test case.

    [...]

    (The original post has embedded links to relevant citations).

    --
    A truly excellent pizza parlor is a delight unto the heavens. Treasure the sauce and the toppings!
  60. Re:It's as simple as this by morari · · Score: 4, Insightful

    In this specific case, a life was lost because of the actions of this woman. No, in this specific case a life was lost because of the actions of a thirteen year old girl. That's kind of how suicide works, someone else doesn't do it for you.

    I'm not defending the woman's actions, because the entire thing does sound messed up. However, she didn't kill that girl. Even if she had come right out and said "You should go kill yourself!", it still wouldn't be her fault that the girl did it. I have a hard time believing the conspiracy charge as well, but whatever.

    --
    "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
  61. Re:It's as simple as this by KarmaOverDogma · · Score: 5, Informative

    "I can sue you because it's Friday. All I have to do is show why it being Friday hurts me, and why I think it's your fault, and it becomes an actionable 'offense'."

    You could certainly try.

    Such a case would lack "standing" http://en.wikipedia.org/wiki/Standing_(law) (since I didn't "make" the day: "Friday") and other tort requirements. The case would be thrown out or summarily dismissed and you'd be left vulnerable to a counter suit for frivolous litigation http://en.wikipedia.org/wiki/Frivolous_litigation. By me.

    You'd probably lose, too.

    Yes, Yes, I understand your point about there being too many lawsuits. Do you think Ms. Meier's family would be frivolous to sue here?

    --
    uR iGn0ranc3, Their Power
  62. Re:It's as simple as this by bsDaemon · · Score: 2, Insightful

    Everybody thinks OJ is guilty because he is. He got off because Fuhrman said "nigger" and so the defense managed to get the jury to believe the cops planted evidence.

    The latest fiasco with OJ in Vegas just backs up the assumption that he's sort of a loose cannon.

  63. You were naughty. Here's some charges. by Pause2Reflect · · Score: 2, Interesting

    Ms. Drew's prank was ill-considered and reprehensible. But it has been acknowledged that Megan Meier suffered from clinical depression. Suicide means it was the depression that killed her, not the MySpace hoax.

    What if some other adult in Megan's life had said something mean to her, and she later committed suicide? Would that adult then have been charged? What if teasing at school had immediately proceeded her death? Would it have been treated as a death inflicted by the teaser? How many adolescents who don't suffer from clinical depression are mercilessly teased, and never commit suicide?

    I know, the charges against Ms. Drew are actually for misrepresentation, hence violation of MySpace terms of service. How many of the World's Internet users are guilty of misrepresenting themselves in some way (e.g., age, gender, occupation, etc.)? And by extension, are the charges supposed to herald the end of anonymity on the Internet? Does anyone want the liberties that only anonymity can protect somehow abolished? Or intimidated away?

    The big picture counts. We might be disgusted with Ms. Drew's conduct. But legally prosecuting all bad behavior comprises an attack on freedom far more problematic, and affecting us all, than this person's foolish, mean-spirited prank.

  64. Re:Layoffs == murder? by Knuckles · · Score: 2, Insightful

    Nobody in this thread denied that someone doing this should "share a good bit of responsibility". But it is not murder, which is a pretty precisely defined crime.

    --
    "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  65. Re:It's as simple as this by multimed · · Score: 4, Insightful

    Responsibility comes when the action you did was intrinsically a crime (regardless of the consequences).
    Context does matter and this idea of something being intrinsically a crime is well...imaginary. Lying under most circumstances is not criminal. Lying while under oath is. Shooting a gun in the woods is OK. Shooting at group of innocent people - very different. There are very few things that are absolutely bad/criminal intrinsically/in all cases.

    The final outcome makes a difference as well. Driving drunk & crossing the center line is one thing. If there just happens to be another car on the road at the same time &place and you hit it & kill someone, it's a very different deal even though in truth, it could very well be the only difference was blind luck.

    In this case, doing what she did to a grown up would most likely be seen as a practical joke. Doing it to a young girl who was emotionally vulnerable and suicidal to begin with is a very different situation. And we know that she knew the girl had problems because she said so in her own words, early on using the age old blame-the-victim strategy. In terms of the case of her defense, probably more than anything else, making public statements that the teen was suicidal may be what results in her conviction.

    Without getting into the in's & out's of the particular charges and approach used against this woman (which is a separate issue) as far as justice goes, there's definitely a smell-test issue. It's quite clear that what this woman did was creepy, vicious and just plain wrong morally. Here actions resulted in something terrible - and any reasonable person would see that it tormenting the girl in this manner would very likely lead to this outcome.

    --
    Vote Quimby.
  66. Re:And the wisest comment by Oktober+Sunset · · Score: 2, Funny

    Don't worry, he'll soon learn the ways and be spouting brain-dead soviet Russia joke soon enough.

  67. Re:i'm glad the meier family forgived by onecheapgeek · · Score: 2, Informative

    Because she isn't being charged for what happened, she is being charged for unauthorized access to a computer. They are trying to criminalize not following a site's TOS. Furthermore, they are selectively prosecuting on the grounds that people like you will take an alarmist view of what happened and convict on emotion rather than facts.

    My logic is like this:
    1) Someone signed up a fake myspace account
    2) Someone sent fake messages pretending to be a boy interested in a girl
    3) Someone started to be mean, supposedly because that Someone wanted the girl to forget the boy and end the charade
    4) As a final comment, Someone told the girl that the world would be better without her
    5) No criminal law on the books was violated as a result of this
    6) To molify the "protect the children OMG" crowd, a very wrong interpretation of existing law is being used to make an, at best, civil action criminal
    7) To make matter worse, the indicted person is NOT the Someone mentioned above
    8) The general populace, you included, has been blinded by rage and is losing sight of the fact that actions which have for years been done to avoid spam or other unnecessary identification online are being criminalized all because a girl whose parents wouldn't get her help and who willfully ignored her mother's order to stay off the internet offed herself because she thought a boy dumped her

    Is that clear enough for you? I'm not defending the,as you call them, evil actions. They suck. But using a hacking statute to prosecute because there exists no other law rather than fixing the legislation that does exist is reactionary and scary and most of all wrong. You are the one trying to justify it by bring "corrupting minors" into it, then changing the focus when I point out that no living minors were corrupted as it was adults involved. My point revolves solely around the prosecution of, at most, an accessory while the actual participant is forgiven and not charged.

    If Ashley Grills had also been charged, I would be railing SOLELY on the law used. That isn't happening, though. So let's go back to your original question regarding a school shooting (great use of more reactionary crap to use your point).

    if i have a son who buys a gun to kill someone, and threatens to shoot a bunch of kids at school, and then i find about this, and gleefully pick up the gun, help my son with the list of kids to murder, and shoot some of the kids myself, am i somehow less guilty than if i had arranged the school shooting all by myself without my son's involvement?
    No, you are not less guilty. What you are neglecting in your analogy is this question: Should you be charged and your son NOT charged? since we all know that answer is no, it is not an apples to apples comparison and you are just using inflammatory, emotional arguments to try to make me look like an asshole.

    I've probably done a great job of looking like an asshole on my own, just not for the reasons you've cited. And I've managed to do it without invoking school shootings and emotional "think of the children" pleas. Think you can work terrorism into your next response for the trifecta?

  68. Re:That is all largely irrelevant... by zippthorne · · Score: 3, Insightful

    This is an ADULT manipulating a CHILD (a child whom the adult knew was depressed and suicidal) to commit SUICIDE. This is not a case of peers trading insults, or homophobes telling people "don't be gay."

    She may or may not have intended the suicide itself, but she clearly intended to inflict great psychological harm on an already mentally unstable child.

    --
    Can you be Even More Awesome?!
  69. Re:It's as simple as this by spazdor · · Score: 3, Insightful

    If some MySpace data from a stranger was enough to cause a Denial-Of-Service against this girl's life, then there were some serious deficiencies in her mental firewall.

    Has anyone asked what her network administrators' role was in all this? They really ought to have been keeping their daughter running more stably to begin with.

    --
    DRM: Terminator crops for your mind!
  70. Re:It's as simple as this by Scrameustache · · Score: 4, Informative

    People don't seem to consider that she's telling the truth. Well, an entirely fictitious person was created for the purpose of messing with someone real, we seem to think the people involved might be liars.
    --

    You can't take the sky from me...

  71. Re:this happens all the time in criminal law by mea37 · · Score: 2, Interesting

    And yet, we are a country of laws. That a child was harmed may be the motivation for applying this new theory of law, but neither the law nor the theory are bound to those "special" circumstances.

    You can't apply laws differently to one person or one case because you don't like what happened. Either compliance with the TOS is a condition of whether your access was authorized, or it's not. "It is, but we would only ever enforce that fact if a child was hurt" doesn't fly.

    The authorities are outraged, and rightfully so. Nobody can believe that we can't find a law that applies to what allegedly happened here. (Yes, allegedly.) But stretching a loosely-related law with an unheard-of interpretation so that you can punish the woman for X when really you want to get her for Y, and then denying that logically you would have to punish otehrs who did X (but who didn't do Y), is advocating tyrany.

    I prefer a country of laws, even if I sometimes have to let a scumbag go. If this woman is as evil as she's being portrayed -- and she may well be -- then she'll find her own way to justice in due course.

  72. Re:It's as simple as this by PitaBred · · Score: 2, Insightful

    "Tortured"? You say it like she tied the girl up to the computer and forced her to communicate.

    Her parents failed her. Her friends failed her. This woman was a horrible bitch, but that's all she's guilty of. That girl decided to take her own life because she was very, very unstable, and no one around her apparently cared enough to step in until it was too late. And now we cry foul?

    Besides, did you even look at what she was charged with? Basically, violating the terms of service of MySpace is being conflated as the same thing as "unauthorized use of a computer system" or "hacking". A fucking felony. Do you follow the TOS of every single site you visit? And would you agree that anyone who doesn't follow the TOS is guilty of a felony?

    The woman who did this was a horrible bitch, no question. But people need to take some fucking personal responsibility. There are mean people out there. Fact of life. Most of us learn to deal with it. Apparently, no one taught this girl how to. That's not the fault of the Internet "boyfriend".

  73. Re:That is all largely irrelevant... by geekoid · · Score: 4, Insightful

    Actually, it can be.

    Charles Manson didn't kill anyone, only told other people to do it.

    She didn't say something cruel, she manipulated someone into killing herself.

    That's a lot different then angerly shouting at someone to drop dead.

    "It's a far greater concern to me, anyway, that parents dump their kids, unattended, on the internet. "
    you don't know that. she could ahve easily be allowed a set amount of time. At 13 you should be getting a little less controlling over your children.

    They may have been happy she was communicating with a peer that made her happy. She was depressed and then she starts talking to someone that makes her happy, they where probably thrilled.
    I don't think there was much time between the end and her killing herself.

    The issue is more complex then you want to believe.

    Your amazing anecdote aside, not all kids online are just 'dumped' there.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  74. Re:It's as simple as this by geekoid · · Score: 2, Insightful

    No, manipulating children makes you responsible.
    The fact that there were more then one person in on this makes it a conspiracy.

    So if I convinced by daughter to climb onto our roof when a hurricane is coming I won't be liable for her death? I mean I didn't blow here off the roof.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  75. Re:It's as simple as this by Amilianna · · Score: 2, Insightful

    As I stated previously, the fact that the focus is all on her violating MySpace's TOS is, IMO, stupid. What they should be focused on is the fact that she purposefully sought out and preyed on a child.

    So, if instead of the extreme example of attempting to solicit actual sex is substituted for merely engaging in sexual discussion with a minor, would you agree to the similarities? A person who uses the internet to specifically seek out children with the purposes of engaging in sexual discussions with them is considered a sexual predator and is charged with criminal acts. True, those children could merely stop chatting at any time (and one wonders where the girl's parents were during this entire episode that it was allowed to escalate so terribly out of control), just as this girl could have, but that doesn't excuse the fact that the woman (if it was her) specifically sought out a minor and, using lies and false representation, attempted (and succeeded!) to torture and manipulate her into a state of emotional distress.

    To use another slightly extreme example of why I think what you say has less validity, if a 40-year-old ran around in a trench coat flashing a junior high school, should that person not be served criminal charges merely because the kids could have "looked away"? The fact that the victim could have severed the contact (assuming that they were able to be aware of what was happening, which did not seem to be the case with the girl in question - as the perpetrator purposefully lied and manipulated her to keep her from realizing the tactics being used to torture and torment her and thereby allow said perpetrator to continue said acts) does not make them any less of a victim - or the person who committed the acts any less accountable.

    Another extreme example - a woman who is beaten by her husband. It is true that she could leave the relationship at any time - she could reach out, get help, etc. However, due usually to the emotional and mental manipulation (similar to the case), the woman is made to feel as if she should not or could not receive the help she needs. Her husband uses these tactics so that he may continue his abuse of her, just like the perpetrator in the case used the fake "relationship" to keep the girl in communication and to continue the tormenting. Is the husband not to be held accountable because the wife could have left? Should we excuse this behavior because the victim "brought it on themselves" by not seeking aid?

    Obviously, neither of my examples are exactly like the case - and they are a bit on the extreme side - but they illustrate why this woman should be facing criminal charges for her treatment of the girl. As stated previously and again at the beginning of this reply, the fact that they are focusing on the supposed "hacking" is just stupid. They should be focusing on the willful and deliberate preying on a 13-year-old by a 40-something-year-old which then led to not only the tormenting and torturing of said girl, but ultimately to her death. And in that, the authorities were perfectly right, IMO, to arrest the person they had evidence had done the crime.

    --
    "Does bouncing count?" - Silk, Magician's Gambit by David Eddings
  76. Prelude to a Wrongful Death lawsuit by NimbleSquirrel · · Score: 2, Interesting
    Currently Lori Drew can't be charged with anything else than for breaching MySpace's terms of use. Yes, this will set a dangerous precident for the use of Terms of Use clickthroughs (although this isn't the same as an EULA, as a service is actually being offered). TOS agreements haven't been tested like this before, but that doesn't mean that breaching them in order to get access to a system isn't a crime.

    This then comes down to intent. Did Lori Drew intend to commit a crime or other harm by violating the TOS? Lori Drew 'allegedly' created Josh Evans and sought out Megan Meier after Drew's daughter and Megan Meier had had a fight. How could this not be intended to cause emotional harm?

    If this is proven in a Federal Court, then it is immediate ammunition for the Meier family to begin a Wrongful Death lawsuit against Lori Drew and her co-conspirators.