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MySpace Suicide Charges Threaten Free Speech

Naturalist recommends a piece up at Ars about a friend-of-the-court brief filed by the EFF, CDT, Public Citizen, and a group of 14 law professors in the case of Lori Drew, who posed as a teenage boy to harass another teen online, eventually driving her to suicide. (We've discussed the case a few times.) "[The amicus brief argues] that violating MySpace's Terms of Service agreement shouldn't be considered criminal offense under the Computer Fraud and Abuse Act. The groups believe that if the mother, Lori Drew, is prosecuted using CFAA charges, the case could have significant ramifications for the free speech rights of US citizens using the Internet."

12 of 687 comments (clear)

  1. Bad precedent... by nebaz · · Score: 5, Insightful

    The facts in this particular case point to a truly twisted individual, but this individual is unable to be prosecuted for major jail time under current, non "novel" interpretations of law. The proper thing to do is to note this case, and realize the perpetrator is not guilty of a felony, and create a new law to handle this case, rather than trying to find some way to twist the law to put this person in jail "for something", which will open the floodgates of abuses.

    --
    Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
    1. Re:Bad precedent... by Skadet · · Score: 5, Interesting

      create a new law to handle this case

      I assume by "case" you mean "behavior".

      What kind of behavior are you considering outlawing here? Being a dick? You want to outlaw being a dick on the internet?

      HAHAHAHHAHAHAHAHAAHHAHAHAHAAHAHAHAHAHAHHAHAAHA

    2. Re:Bad precedent... by MindlessAutomata · · Score: 5, Interesting

      Next time I fill in a fake name or address signing up on a web site I should be charged with a felony?

    3. Re:Bad precedent... by PunkOfLinux · · Score: 5, Insightful

      So that means that this woman shouldn't have to own up to her own actions?

      I was driven to attempt suicide, in 8th grade, by ... well, it all stemmed from *one* incident, and then it snowballed from there. Eventually, the whole damn school would just relentless pick on me. I tried everything to stop it - ignoring it, fighting back, going through authority, nothing works like that.
      Granted, some good things came of that, like the fact that I became involved in the OSS community as a way to escape (in fact, thanks to working on OSS in various ways, I'm able to be completely without my prozac ^-^).

      Just because someone was 'emotionally weak' is no reason to excuse those who torment them. That's like saying that just because someone couldn't handle being shot at repeatedly that they 'deserved' to die.

  2. This isn't about free speech by bagboy · · Score: 5, Insightful

    in my opinion. You do not have the right to torment an individual like this anymore than you have a right to yell "Fire" in a crowded theater or "I have a bomb" in an airport. AT some point, the safety of others does override your right to "free" speech.

    1. Re:This isn't about free speech by Telvin_3d · · Score: 5, Insightful

      What type of sick world do you live in where befriending someone you know is emotionally vulnerable for the express purpose of degrading and humiliating them does not classify as tormenting or cruel?

      If you seriously see this as normal or even slightly acceptable behavior I have to strongly question your societal values and the people you associate with.

    2. Re:This isn't about free speech by TheRealMindChild · · Score: 5, Funny

      Its the god damn internet.

      "It's"

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    3. Re:This isn't about free speech by urcreepyneighbor · · Score: 5, Insightful

      It was a classic case of trolling.

      Shitcock is trolling.

      Posting photoshopped pictures of Obama with a crackpipe between his lips is trolling.

      Creating a persona as a Born-Again Christian and attempting to "save" people in atheist forums is trolling.

      She pretended to be a boy who liked her, girl fell in love with her e-boyfriend, e-boyfriend then called her a slut and this that and the other thing, and the girl, who was mad fucked in the head and should have been receiving help went and offed herself.

      That isn't trolling. That's a pure mindfuck and should be treated as such.

      mad fucked in the head

      I didn't realize the hoodrats knew about /.

      It sucks someone died

      No, it doesn't. Coming home from the grocery store and discovering half your eggs are cracked sucks. Having to bury your teenage daughter because of the actions of a sadistic sack of shit - that knew she had mental problems and exploited them - is a tragedy and a crime.

      but there was nothing tormenting or cruel about what happened.

      Dude. You need help.

      --
      "The fight for freedom has only just begun." - Geert Wilders
  3. Civil Case by PakProtector · · Score: 5, Insightful

    The girl's family should sue this woman in Civil Court for the wrongful death of their daughter. The burden of proof is much lower in civil court than in criminal, and they could ruin this woman for the rest of her life -- which is a hell of a lot more than she deserves, because she still gets to draw breath, but their daughter doesn't. And there daughter would still be alive today if not for this woman's depraved actions.

    --

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

  4. This time, you just gotta read the article! by MarkvW · · Score: 5, Interesting

    The point isn't that the lady said bad things that drove a kid to suicide, or that the lady used the internet to do it. The lady should be subject to ordinary liability for that--just like any person who did the same thing on the street, or in the mail, or whatever. That's not the issue.

    The issue is the terms of service agreement! That thing you click on and ignore so many times. That thing you send phony information so that the corporation doesn't get too personal on you!

    If you type in phony information, (FRAUD, daddy), and then hurt somebody's feelings while on the account procured by fraud, the Federales can prosecute you for a crime. Think about the slippery slope this affords . . .

    You gotta love the ingenuity of those federal prosecutors!

  5. Re:Die Emo Die by kaos07 · · Score: 5, Insightful

    This is Slashdot. I bet 90% of us here would have come into contact with bullying or emotional harassment. Sure we've gotten our own back, but when you're a kid things are different. While I think the OP is being a little insensitive, I don't think you can draw a line from "Internet boyfriend acting like a dickhead" to "Ok I'm going to commit suicide".

    Suicide is not a natural response to bullying, especially when that's not even face-to-face, which is what we experienced. If it was, most of us wouldn't be here. Either the girl had other problems which lead to her suicide (likely) or she was simply mentally unstable. In either of those cases the medium through which the straw that broke the camels back travelled is not relevant.

  6. The new Las Vegas by 4D6963 · · Score: 5, Funny

    The internet does not grant magical anti-emotion powers.

    Of course it does. What happens on the Internet stays on the Internet.

    --
    You just got troll'd!