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Lori Drew Trial Results In 3 Misdemeanor Convictions

grassy_knoll writes "As a follow up to an earlier story, the Lori Drew 'cyber-bullying' trial has resulted in misdemeanor convictions." grassy_knoll quotes from the AP story as carried by Salon: "The Los Angeles federal court jury on Wednesday rejected felony charges of accessing a computer without authorization to inflict emotional distress on young Megan Meier. However, the jury found defendant Lori Drew guilty of three counts of the lesser offense of accessing a computer without authorization. The jurors could not reach a verdict on a conspiracy count. Prosecutors said Drew violated the MySpace terms of service by conspiring with her young daughter and a business assistant to create a fictitious profile of a teen boy on the MySpace social networking site to harass Megan. Megan, who had been treated for depression, hanged herself in 2006 after receiving a message saying the world would be better without her." Adds reader gillbates: "She now faces up to 3 years in jail and $300,000 in fines — a troubling precedent for anyone who has ever registered with a website under a pseudonym."

568 comments

  1. Shit by bluefoxlucid · · Score: 5, Insightful

    She's an asshole though.

    1. Re:Shit by Windows_NT · · Score: 3, Insightful

      Yea she is. Although im sure she wouldn't have done it if she knew what would happen, there are consequences. This story is kind of a nightmare for anyone, because im sure everyone here has harrased someone to a point where they might have felt bad about it. Picking on someone in class, or always giving shit to the person you dont like. Its too bad that happened, but for me, if reminds me just how much words can hurt someone. Make me think a little bit next time a give a death threat to the guy at McDonalds for putting no pickles on my burger instead of extra pickles.

      --
      Go go Gadget Nailgun!
    2. Re:Shit by Nursie · · Score: 5, Funny

      Oh YOU'RE the extra pickles guy.

      I always get your damn burger after I've ordered no pickles. Dammit.

    3. Re:Shit by cayenne8 · · Score: 5, Insightful
      "She's an asshole though."

      Well, but, that is not against the law...if it were, well, the prisons would be bursting at the seams even moreso than they do now..

      I hope this gets tossed out on appeal. While what she did was reprehensible, this sets a dangerous precedent. You can get a misdemeanor conviction with jail time and heft fine just for joining something like myspace under false name, etc?

      Even if you think she is a bitch and should get some punishment for what she did....I'd hope you would not like to have a precedent of this type of conviction that could be used against someone doing something as innocuous as joining a website under a false name....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    4. Re:Shit by Anonymous Coward · · Score: 5, Insightful

      Herein lies the problem with the American way of life. If someone is an asshole to you they KNOW that you cant reach over and smack them in the face.

      It's why these jerks on the highways and roads, tailgaite you, cut you off, and generally put your life in danger for their convenience. If they knew that I would stop my car and kick their ass, they would not do it.

      Honestly a lot of people in his world need to be smacked in the head, all the way to having the ever living crap beat out of them. If that happened more and Judges had 1/4 a brain and said," you deserved to be smacked.. you cover all court costs and his costs as well." Then the world would be far more polite and less jerkwad filled.

      Yes that applies to cops too.. if a cop is an asshole, we deserve to be able to wait for him after work and kick his ass.

    5. Re:Shit by lysergic.acid · · Score: 5, Insightful

      Adds reader gillbates: "She now faces up to 3 years in jail and $300,000 in fines -- a troubling precedent for anyone who has ever registered with a website under a pseudonym."

      how so? i register on websites with pseudonyms all the time. this does not trouble me at all (other than the fact a grown woman would conspire with her daughter to bully a neighbor's kid, especially a young girl with emotional problems).

      the problem isn't with the interpretation of the Computer Fraud and Abuse Act in this particular case. the problem is with the Computer Fraud and Abuse Act itself. this incident actually resulted in the death of a girl and was motivated by deliberate malice. a maximum (which are rarely handed out to members of privileged social groups) of 3 years in jail and $300,000 doesn't seem any more ridiculous than handing out such punishments to well-intending security experts.

      i would be more disturbed by the Computer Fraud and Abuse Act being applied to non-malicious teenage hackers breaking into un-secured government networks out of curiosity. if they can be faulted for "damages" that include the time spent investigating the intrusion and fixing the pre-existing security flaws, then certainly a grown woman can be punished for causing the death of a little girl.

      in any case, the Computer Fraud and Abuse Act needs major reforms, and perhaps making such ridiculous laws applicable to the general population will open people's eyes.

    6. Re:Shit by onkelonkel · · Score: 5, Funny

      Well, in Texas, don't they have enshrined in their legal system the doctrine of "He done needed killin"

      --
      None of them can see the clouds; The polished wings don't care.
    7. Re:Shit by AKAImBatman · · Score: 4, Insightful

      "She's an asshole though."
      Well, but, that is not against the law...

      No, but fraud and harassment are. And this sounds like a pretty clear case of using a pseudonym in a fraudulent manner in order to harass an individual. I for one do NOT hope that the judgment is vacated.

    8. Re:Shit by JimDaGeek · · Score: 4, Insightful

      I agree with you for the most part. However, this case had A LOT OF EMOTIONAL BAGGAGE attached to it.

      Also, she didn't "innocuously" join a website under a false name. She did it for one purpose. To harass and bring emotional damage to a child, an emotionally unstable child at that.

      I also blame the parents of Megan for even letting her get on anti-depressants at such a young age. Those meds are harsh and should be only used under the care of a very, very good psychiatrist, note that I did NOT say psychologist. Huge, huge difference. I noticed a trend where a lot of non-medically trained psychologist are making recommendations about MEDICATIONS to their clients (they call them patients). This is very scary. Only a MEDICAL doctor should make those calls. Yet parents hear crap like ADD or ADHD from just a psychologist and run to their primary care doctor and tell him/her and bam the child is on very harsh drugs that DO have long-term effects and have been shown to cause suicidal thoughts. SSRI's.

      Hell, I am only 35, I was never drugged out by my parents for "mood swings" or my "lack of attention". I spent most of my time in high school with a boner and looking out the window. I turned out OK and with a good career.

      "Modern" parents, stop, stop, stop, drugging your kids because they don't fit into some model mold you created in your head. They are freaking kids for crying out loud.

      Would Megan still be alive if she never took SSRI's? No one could say that. However, I personally believe she would.

      Should we make this skank mother pay for what she did to Megan? No. She didn't break any laws, so let's not create new ones just for this waste of life.

      I personally don't want to have to worry about criminal charges because I didn't adhere to some big corps. EULA. Jeez.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    9. Re:Shit by Anonymous Coward · · Score: 3, Informative

      There is a "fighting words" clause in the US. Though, I was thinking Texas had something that if you used fighting words, you had the "right" to deck the guy saying them without having to prove any kind of self defense for punching him in the nose.

    10. Re:Shit by Loibisch · · Score: 1

      Congratulations, you just potentially won 3 years in jail and a $300,000 fine if she decides to hang herself now.

    11. Re:Shit by Anonymous Coward · · Score: 0

      being an asshole isn't against the law but committing murder is, and when you trick/force someone to kill themselves you are committing murder.

      Unless your planning on taking an other person's life there is little to fear from this.

    12. Re:Shit by cayenne8 · · Score: 1
      "being an asshole isn't against the law but committing murder is, and when you trick/force someone to kill themselves you are committing murder."

      Trouble is...that isn't what she was convicted of...

      They could not find a law applicable to what Lori did to convict her.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    13. Re:Shit by Shao+Ke · · Score: 2, Interesting

      While I believe this woman is reprehensible, I'd be okay if this were thrown out on appeal.
      I'm sure Mrs. Drew's gotten her ass whuppin' by now.
      Plus, I doubt anyone would move into their house even if they could sell it in this market.
      They're screwed.
      I wonder what would have happened if she had walked over to their house and handed the girl a rope?

    14. Re:Shit by cayenne8 · · Score: 4, Informative
      "No, but fraud and harassment are."

      As I said before...trouble is, she wasn't convicted of this really. She was convicted of basically breaking the myspace EULA. She wasn't convicted of harassment...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    15. Re:Shit by chaim79 · · Score: 1

      I would have felt more comfortable with this if she was convicted on they conspiracy charges, but the charges that she is convicted on can easily be misapplied as precedent for convicting people who sign up under a different name.

      For this case the conviction might make some sort of sense, but for a legal precedent it's dangerous.

      --
      DEMETRIUS: Villain, what hast thou done?
      AARON: Villain, I have done thy mother.
      Shakespeare invents 'your mom'
    16. Re:Shit by raehl · · Score: 4, Funny

      I spent most of my time in high school with a boner and looking out the window.

      Vegetation fetish, eh?

    17. Re:Shit by negRo_slim · · Score: 3, Insightful

      "No, but fraud and harassment are."

      As I said before...trouble is, she wasn't convicted of this really. She was convicted of basically breaking the myspace EULA. She wasn't convicted of harassment...

      I feel you, and I hold out hope for the appeal but even if that never comes you can still take some small consolation in knowing the authorities won't be on this like white on rice. What I'm saying is the state needed to punish her, so the state found a way. It was about her, not about using a false name. It's similar to marijuana tax stamp laws currently enacted in a multitude of states. They are going to get you on something if they want to.

      --
      On the Oregon Cost born and raised, On the beach is where I spent most of my days
    18. Re:Shit by scipiodog · · Score: 1

      "She's an asshole though." Well, but, that is not against the law...

      No, but fraud and harassment are. And this sounds like a pretty clear case of using a pseudonym in a fraudulent manner in order to harass an individual. I for one do NOT hope that the judgment is vacated.

      Wow. Just wow. If I tell you my name is "Betty" and then proceed to tell you to go and die, is that, in your mind, against the law?

      What a terrible nanny state we live in if verbally harassing someone under a pseudonym is punishable by 3 years in prison!

      Disclaimer for all the knee-jerk reactors out there: of course what this women did was wrong and mean, but illegal?

      Further disclaimer to knee-jerk idiots: My name is Betty. Go and die.

      --
      http://clightnirish.wordpress.com/
    19. Re:Shit by Anonymous Coward · · Score: 0

      Wacky concept, how about charging with fraud and harassment and not some computer related crime?

    20. Re:Shit by v3lut · · Score: 5, Insightful

      Are you familiar enough with Megan's medical history, her treatment history, her symptoms and her prescribed medications and dosages to speak intelligently about them with the treating physician? If so, then you should write a paper, or at least an article on the subject.

      However, if you are basing your statements off the fact that antidepressants are carelessly over-prescribed in some cases, and completely unnecessary in other cases, without knowing for fact that this was actually the case in Megan's case, then I postulate that you don't actually know enough about what was going on to blame the parents for anything.

      What happened here was pretty messed up. I don't know exactly where I fall in all this, legally speaking. Morally speaking, I'm pretty clear on the subject. But to blame Megan's parents for letting her be prescribed antidepressants, without being able to speak in depth about what was being treated, how and by whom, is pretty weak. Being a parent is hard enough as it is.

      --
      http://downwithpants.org Overthrow the tyranny of your pants
    21. Re:Shit by DragonWriter · · Score: 1

      Should we make this skank mother pay for what she did to Megan? No. She didn't break any laws, so let's not create new ones just for this waste of life.

      Uh, yeah, she did break the computer fraud and abuse act, which is a law. Its not a new law created for her acts (if it was, she couldn't be prosecuted under it, since it would be an ex post facto law, and the Constitution prohibits those.) Its the first time someone has been charged under it in these particular circumstances, but if you define the circumstances narrowly enough, that's true of every prosecution under every law. The law's been on the books for years.

    22. Re:Shit by CdBee · · Score: 2, Insightful

      What she did isnt just bitchinesss. What she did, with malice intended, ended a human life. She deserves jail. a LOT of jail.

      --
      I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
    23. Re:Shit by iamhassi · · Score: 1

      "No, but fraud and harassment are. "

      Exactly. I'm also a bit confused by this statement in the text:
      "a troubling precedent for anyone who has ever registered with a website under a pseudonym."

      Yes, it is, if you use that pseudonym to chat with teenage girls and you encourage them to kill themselves and they follow through. Be very afraid.

      --
      my karma will be here long after I'm gone
    24. Re:Shit by CdBee · · Score: 1

      So if I send someone a box with an electrified surface marked 'don't touch', that isnt attempted murder? She deliberately pushed someone over the edge. Only jail is an appropriate response to that.

      --
      I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
    25. Re:Shit by penguin_dance · · Score: 1

      I agree. I don't believe this is going to cause some draconian crackdown on MySpace or any other page over this. Had this been a another minor doing this, I would have felt differently, but this was an adult who knew the girl had problems and should have known better. I look on scum like her the same way I look on adults who prey on children over the internet for sex. You're using the internet to harm a child and that should be wrong.

      Yes, I do think the parents should be smacked with a "what were you thinking" for obviously letting her roam the internet unsupervised. But you don't convict the parents if a sex offender stalks a child, you convict the stalker.

      --
      If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
    26. Re:Shit by ramsejc · · Score: 1

      I spent most of my time in high school with a boner and looking out the window. I turned out OK and with a good career.

      And does that career consist of sitting in an office cubicle with a boner, looking at MS Windows(tm)?

    27. Re:Shit by Anonymous Coward · · Score: 0

      No, but fraud and harassment are. And this sounds like a pretty clear case of using a pseudonym in a fraudulent manner in order to harass an individual.

      You are wrong. There is no fraud here at all, and the prosecutors looked long and hard to see if it met the legal definition of harassment, and it didn't, which is why they tried to find a BS law to charge her.

      I for one do NOT hope that the judgment is vacated.

      I sure hope it is, otherwise hundreds of millions of people face criminal charges, including you:

      Is AKAImBatman your real name? Otherwise you're facing 1 year in jail and a $100,000 fine.

    28. Re:Shit by liquidsin · · Score: 4, Insightful

      personally, i won't be taking any consolation in knowing that a precedent was set that gives authorities in the U.S. more leeway in harassing the innocent. if the state "needed to punish her" then they "needed" to make a valid case on harassment charges. aside from online banking, i'm not sure that i've *ever* signed up at a website with my real personal info, and i'm sure i'm not the only one. the idea of being on the hook for a year in prison and a hundred g's for each such instance makes me real glad i don't live in the U.S.

      --
      do not read this line twice.
    29. Re:Shit by Wowlapalooza · · Score: 1

      Do you have any freaking clue what she was actually convicted of? Harassment? No. She was convicted of (excerpting the relevant text from 18 USC 1030 and adjusting the verb tense) "intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing] [...] information from any protected computer if the conduct involved an interstate or foreign communication".

      If you don't see how broad and sweeping and unprecedented such a conviction is, then I pity you. In a more perfect world, Missouri would have had laws on the books to be able to throw Lori Drew's ass in jail for a long time, for what she did to Megan Meier, without getting the feds involved, but no such laws existed, so those seeking retribution went this "backdoor" route. But it's wrong, wrong, wrong, and dangerous

      This needs to be dismissed outright (the judge is still considering that motion), or overturned on appeal. We can't give power to ISPs and/or content providers to arbitrarily and without notice criminalize users by manipulating their respective ToSes. That's incredibly ripe for abuse. And I'm damn sure that Congress never intended that to be the effect of the law when they passed it.

    30. Re:Shit by DragonWriter · · Score: 1

      I'd hope you would not like to have a precedent of this type of conviction that could be used against someone doing something as innocuous as joining a website under a false name....

      She wasn't convicted of "joining a website under a false name".

      She was convicted of accessing a computer system without authorization.

      One of the reasons for that is that she gave false information when the authorization she was offered to use the system was conditioned on providing true information. Note that many websites allow users to register pseudonymously, and that's the choice of the owner of the website, and those wouldn't be affeted by this, since registering at one of them under a false name wouldn't make your use "without authorization".

      But this wasn't the only reason she was convicted of using the system without authorization. There was also the fact that that authorization excluded use the system to solicit personal information from minors, an exclusion which she violated. And the fact that that authorization excluded use of the system to harrass or harm others, another exclusion she violated.

    31. Re:Shit by cheater512 · · Score: 1

      Yeah thats attempted murder, but thats with the intent to kill and more importantly thats using a weapon designed to kill.

      This woman only teased a girl online.
      No murder at all. No murder weapon - the girl killed herself.

    32. Re:Shit by TRRosen · · Score: 1

      this is not the part of the law broken... (no interstate communication here) the part this falls under is

      "(ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage;"

      the law is clear a precise and would not apply to someone just using a false name.

    33. Re:Shit by sjames · · Score: 4, Insightful

      Also, she didn't "innocuously" join a website under a false name. She did it for one purpose. To harass and bring emotional damage to a child, an emotionally unstable child at that.

      Since technically suicide is a criminal act and this grown woman contributed to it, couldn't they go for contributing to the delinquency of a minor instead?

    34. Re:Shit by Fulcrum+of+Evil · · Score: 4, Insightful

      What I'm saying is the state needed to punish her, so the state found a way. It was about her, not about using a false name.

      And the fallout from that misguided deed will be far worse than what was gained today.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    35. Re:Shit by 644bd346996 · · Score: 1

      I think it's pretty obvious that the law hasn't quite caught up with the societal changes caused by the Internet. So it shouldn't come as a surprise that the laws that sound like they should apply can't be made to apply. Lori Drew was still convicted by a jury, though. It isn't like she was tried and convicted under a law that she didn't break. The State just had to settle for some peripheral misdemeanor charges, rather than the felony charge that she probably deserved.

    36. Re:Shit by Anonymous Coward · · Score: 1, Informative

      Keep in mind tho that as a juror, you have to weigh two options: letting defendant that is guilty for a nasty thing (even if not the one being charged for) go free; or convict on wrong charges.

      I mean, it's not like Al Capone was actually hated and hunted for his abuse of the US postal system.

      Just sayin'

    37. Re:Shit by Anonymous Coward · · Score: 0

      "Damages"... That's the next step. Certainly Myspace has been damaged by the actions of Lori Drew. After she's been criminally hammered (I actually think she'll probably get off with a large fine and no jail time)-- that Myspace needs to come back civilly and recover monetary damages to their reputation.

      Harsh? No harsher than what the slimy be-otch did to a vulnerable 13 year old. Lori gets to live the rest of her pathetic life, Megan does not. She might as well live it out with a huge debt and public scorn.

    38. Re:Shit by 644bd346996 · · Score: 5, Insightful

      All that this case has shown is that seducing a child by means of a false identity for the purposes of causing emotional harm is going to get you a jury conviction. Most likely regardless of the actual charge. If Lori Drew hadn't been targeting a specific person as revenge, and if she hadn't known that the person she was seducing was a child, she probably would have gotten off pretty easily.

    39. Re:Shit by 644bd346996 · · Score: 1

      Perhaps because the fraud and harassment laws predate the Internet, and due to some technicality they couldn't be used to prosecute this case? I don't know if that was the true for the Lori Drew case, but it does happen and will continue until we have had a few decades of lawmakers that understand the Internet.

    40. Re:Shit by Wowlapalooza · · Score: 1

      No, that's not what she was prosecuted under, and if you care to look at the definition of "damage" within the statute itself, you'll see that there is no plausible way she could have been prosecuted that way.

    41. Re:Shit by Anonymous Coward · · Score: 0

      by law, no
      by practice, unfortunately yes

    42. Re:Shit by spiritraveller · · Score: 2, Insightful

      "Yes, it is, if you use that pseudonym to chat with teenage girls and you encourage them to kill themselves and they follow through. Be very afraid."

      That's not relevant to the crime she was charged with. If none of that had happened, she could still have been convicted.

      This is an example of government using a bad law to reach a popular result. In this case, we tend to like the result, because it was used against a person who well and truly sucks.

      If you trust that the government will never use these charges against people who don't well and truly suck, then you have more faith in the government than I do.

    43. Re:Shit by muridae · · Score: 1
      Did they list which part of 1030 that they found her guilty of? It seems to me that, without any interpretation, the statute is already really broad. Parts a4 and a5 ii, B iii all seem to fit. I don't see any scary precedent formed by this verdict.

      (4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;
      (5)
      (A)
      (i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
      (ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or
      (iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and

      (B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)â"
      (i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;
      (ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;
      (iii) physical injury to any person;
      (iv) a threat to public health or safety; or
      (v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;

      http://www4.law.cornell.edu/uscode/18/1030.html

      And no, I'm not a lawyer. I'm just a geek with a hobby.

    44. Re:Shit by edcheevy · · Score: 1

      In some states psychologists can become licensed to prescribe mediation (after additional training). Sure, unlicensed psychologists should not be telling people what meds to go on, but the psychiatrist/psychologist line is not a definite as it used to be. And doctors who prescribe based solely on what a parent tells them their psychologist said ought to get just as much blame.

    45. Re:Shit by edcheevy · · Score: 1

      But only if she reads /.

    46. Re:Shit by Wowlapalooza · · Score: 1

      As for "interstate communication", that's trivial to prove since Lori Drew's "criminal" actions almost certainly caused packets to traverse the physical borders of a physical state at least once, if not thousands of times.

    47. Re:Shit by Anonymous Coward · · Score: 0

      LOL. Best comment in the thread.

    48. Re:Shit by JimDaGeek · · Score: 1

      I agree with you about the primary doctors. However, no psychologist should ever, ever be allowed to prescribe medication without having gone to medical school and earning a medical degree.

      The psychiatrist/psychologist line is very definite. You either have a medical degree or you don't. It is that simple.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    49. Re:Shit by Jah-Wren+Ryel · · Score: 2, Interesting

      It's similar to marijuana tax stamp laws currently enacted in a multitude of states.

      No, it is similar to civil-forfeiture laws that were used to punish people they couldn't otherwise convict but then turned into a free-for-all where grandmothers lost their houses because a grand-kid stayed with them and smoke a couple of joints while he was there.

      --
      When information is power, privacy is freedom.
    50. Re:Shit by AK+Marc · · Score: 1

      Should we make this skank mother pay for what she did to Megan? No. She didn't break any laws, so let's not create new ones just for this waste of life.

      She didn't break any laws? Everyone seems in agreement that she got a computer account under a false name. She used that false name to gain something from some one else (trust). She used her position of authority to harm a minor. This adult, that specifically targeted an emotionally distresses minor, intended to cause harm to that minor. She succeeded in causing that harm. Because of that harm, the minor died. Now, you may be right that getting an account under a false name is a silly thing to tie to this case. I agree. I think the homicide should be the focal point. I believe she violated a number of laws. There exist a number of laws for protecting minors from harm, protecting everyone from harm, and punishing those that cause harm up to and including death. They are on the books and have been a while. We don't need new laws, when the old ones applied would do just fine.

    51. Re:Shit by nbetcher · · Score: 3, Interesting
      Please mod-down the parent: the post is neatly written, but quite obviously opinionated FUD.

      I also blame the parents of Megan for even letting her get on anti-depressants at such a young age.

      Actually there was never any true-and-lasting contraindication for anti-depressants in teenagers. There was a period of scare, but people soon found out that adults had the same problem too. Typically this results from lack of compliance to the anti-depressant and then having rebound depression.

      Those meds are harsh

      In my experience having worked in the pharmaceutical industry for over 8 years every patient reacts to every medication differently. One person can get high as a kite off of Vicodin, some people don't even notice that they took it. Same with anti-depressants: some people feel better, some people don't.

      and should be only used under the care of a very, very good psychiatrist, note that I did NOT say psychologist. Huge, huge difference. I noticed a trend where a lot of non-medically trained psychologist are making recommendations about MEDICATIONS to their clients (they call them patients). This is very scary. Only a MEDICAL doctor should make those calls.

      There are many poor psychiatrists out there, but I would not discredit psychologists - many of them go to a professional school much longer than some psychiatrists end up going to. Some psychiatrists are so blind to obvious signs of certain conditions that the patient can receive severely inappropriate care. While medical doctors should be the ones held accountable for the medications prescribed, it is a widely accepted form of therapy and treatment to have the psychologist and psychiatrist work together, even if the psychologist is the one to recommend adjunct therapy with medications. Yet you're forgetting the important fact that only medical doctors (which is what psychiatrists are) can prescribe medications in the United States - so the statement that people need to see a medical doctor is rhetorical.

      Yet parents hear crap like ADD or ADHD from just a psychologist and run to their primary care doctor and tell him/her and bam the child is on very harsh drugs that DO have long-term effects and have been shown to cause suicidal thoughts.

      It's also widely accepted by psychologists and psychiatrists that ADD and ADHD is a very overly diagnosed condition, and I completely agree that it is overly diagnosed. Dispensing several stimulant medications (to help treat the symptoms of ADD or ADHD) a day to children is a depressing fact of life that I have to deal with on a day-to-day basis - so I can sympathize. Stimulant medications have not been linked to suicidal ideation's, but they do have potentially very long-term side effects since they accelerate the central nervous system.

      Hell, I am only 35, I was never drugged out by my parents for "mood swings" or my "lack of attention". I spent most of my time in high school with a boner and looking out the window. I turned out OK and with a good career.

      That's fantastic, but for those of us who would have suffered a lot less in high school if our parents would have considered medication options, I can say I completely disagree with your school of thought.

      Would Megan still be alive if she never took SSRI's? No one could say that. However, I personally believe she would.

      Your beliefs are misguided. You have a right to your opinion, yes, but consider the impact on others before you spread FUD. The people you hear all of the bad press about anti-depressants are the same people like you: medically-undereducated laymen attempting to understand very complex organic chemistry and scientific reactions.

    52. Re:Shit by Jah-Wren+Ryel · · Score: 2, Insightful

      I agree with you for the most part. However, this case had A LOT OF EMOTIONAL BAGGAGE attached to it.

      Kind of like the PATRIOT acts.

      --
      When information is power, privacy is freedom.
    53. Re:Shit by I_want_information · · Score: 1

      But it's not clear that she ever felt any regrets about it. There was testimony offered that, when she told someone she was going to Megan's funeral and the friend's reaction was that that action wasn't appropriate, Drew's response was something like, "well, it's not like I pulled the trigger."

    54. Re:Shit by Anonymous Coward · · Score: 0

      All that this case has shown is that seducing a child by means of a false identity for the purposes of causing emotional harm is going to get you a jury conviction.

      Yes, because it has been many, many years since an American jury looked at things like "facts" when deciding a court case. Far too many juries make their decisions based on who can tell the best sob story.

    55. Re:Shit by JimDaGeek · · Score: 0, Flamebait
      Please spare me your crap. So you push meds on doctors for the pharmaceutical industry. Big deal. That hardly makes you an expert on "very complex organic chemistry and scientific reactions".

      How long have you been taking an SSRI? I have met many "experts" on them, yet have met very few that have taken them for more than a year or more.

      I have suffered from panic attacks, anxiety and depression for 15 years. I have been taking an SSRI for about 12 years now. They do have lasting effects on a person. And I do agree with you on how freaking crazy these meds are. One person is helped by a med while another is totally messed up by the same med. Hell, not one of the major SSRI's prescribed is really understood on how it works. Just basic understanding on how it works on Serotonin re-uptake.

      Go the web site of Lexapro, the makers don't even know how it really works.

      The brain chemistry of depression and anxiety is not fully understood.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    56. Re:Shit by Anonymous Coward · · Score: 0

      Where I am, using a false name is in fact not a big deal, so long as it is not done with malicious intent. You can change your name in a legally official way with a deed poll, but you can also inform people who need to know and just start using the new name...this was typically done by women back in the days when people used to get married. There is apparently no legal problem in being known to different groups of people by different names, so long as there is no fraudulent or malicious intent. There will of course be confusion...I have had to deal with students who were commonly known by names quite different to what appeared on anything like a birth certificate, because in their particular culture names do change when significant life events occur. Of course, other jurisdictions do differ on this sort of thing.

      In this particular case, I don't think the authorities have actually been harrassing the innocent. I also doubt very much if they could use this as a precedent to go after some anonymous slashdot troll who gives someone else a bit of a hard time. For a start, the courts would get a bit overloaded.

      I think though, that it does constitute a bit of a warning...don't do anything that you won't be able to justify to a jury of your peers as reasonable behaviour. Yes, there is a place for anonimity, but as we all know, if the authorities want to enough they will be able to break your anonimity. If they do that for the wrong reasons, eg they try to track down anonyous political speech, you will find it a lot easier to defend yourself than if what you have done is vindictive nasty harrassment

    57. Re:Shit by Anonymous Coward · · Score: 0

      You don't even know how to use the term "SSRI" properly.

    58. Re:Shit by Entropy98 · · Score: 1

      So you really are Batman?
      --
        IP Network Adress Finding

    59. Re:Shit by Entropy98 · · Score: 1

      Should have gone with trial by judge.
      --
        IP Finding

    60. Re:Shit by myth_of_sisyphus · · Score: 4, Informative

      Hell, I'm an alcoholic and drank heavily throughout my twenties. (And worked at various dot-coms in the good-old days. Was fired from a couple less liberal environments for showing up drunk in the morning. (I'm reminded of Lionel Hutz, who offers Marge a drink and pulls out a bottle. She says "It's 9am!" And he says "That's all right, I haven't slept for days." That was me.))

      Anyways, I was a complete dick. I said really hurtful things to people. Sometimes people come up to me and say "hey, remember when you said 'blah blah blah' to George?" No. I really don't. I'm an alcoholic.

      If you could be convicted for being a complete and utter asshole IRL, I would be in jail right now. Serving out a sentence for things I don't even remember doing.

      (I quit drinking 4 years ago and am doing much better thank you.)

    61. Re:Shit by kchrist · · Score: 1

      ... and nothing of value was lost.

    62. Re:Shit by eat+here_get+gas · · Score: 0, Offtopic

      that's an extreme to believe, even if the grandmother died...gotta link to show this similarity?

      --
      the significance of a signature is insignificant
    63. Re:Shit by Sj0 · · Score: 2, Insightful

      Attention ladies and gentlemen.

      You should all commit suicide, because someone on the internet is about to say something mean to you.

      You -- not the parent poster (Though he's included), YOU the person reading this, are really stupid. You're probably ugly too. And fat.

      Don't bother arguing that you shouldn't. Somebody you don't know MADE FUN OF YOU. ON THE INTERNET. This is serious business.

      --
      It's been a long time.
    64. Re:Shit by Trillian_1138 · · Score: 1

      Replying to undo accidental moderation.

    65. Re:Shit by CoderBob · · Score: 0, Offtopic

      It's why these jerks on the highways and roads, tailgaite you, cut you off, and generally put your life in danger for their convenience. If they knew that I would stop my car and kick their ass, they would not do it.

      At risk to my karma...

      I drive professionally now, after deciding IT should remain a hobby, not a source of income. I see just about everything from behind the wheel of the behemoth I drive, and although part of me would like to second the concept of people who tailgate, cut people off, etc., in all fairness there are people out there who help create these situations. I'm referring to the guy who wants to the minimum speed limit in the passing lane on an expressway, or the guy who feels the need to police others by driving like a jerk in return. This does not excuse or condone the tailgating, but I've seen more than my fair share of people who generate a dangerous environment by not following the flow of traffic correctly.

      Until recently, the speed limit on our local expressway was 70 mph, with a minimum of 45, truck speed of 55. They recently bumped it up to 70/55/60, and it seems to have actually reduced the number of jackholes on the roads in general. The difference in someone doing 45 while traffic around them is doing 70 is great enough to cause a potential problem just the same as someone tailgating at speed.

    66. Re:Shit by morari · · Score: 2, Insightful

      "Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing."

      --"The Tower of the Elephant", Robert E. Howard

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    67. Re:Shit by daVinci1980 · · Score: 1

      There's a difference between being a complete and utter asshole and talking someone to death.

      If you, while a drunken bastard, had talked someone off the ledge (the wrong side of the ledge), I would feel no sympathy for you as they announced your guilty verdict--whether you remembered it or not.

      Or apparently while they announced your 3 misdemeanor convictions.

      --
      I currently have no clever signature witicism to add here.
    68. Re:Shit by phulegart · · Score: 5, Insightful

      Wow... what a way to justify your own inappropriate actions... to throw out a blanket policy that Everyone has harassed someone to the point of regretting it, just so you feel better about the times that YOU did it in the past.

      So, how does it feel to be wrong? I mean, you are sure that everyone here has harassed someone to a point where they might have felt bad about it. I've never done that. I know others that have never done that. This makes you wrong. Don't even bother to argue that... you said everyone. I'm part of that Everyone, and I'm here. Some of us actually take responsibility for our actions, and the words that come out of our mouths. Some of us think about what we say before we say it, and if we say biting things, we mean to be biting. I understand that this is a foreign concept to you. Don't argue that it's not a foreign concept to you either. You've already proven that you need to be reminded how much words can hurt someone. That means you forget how much words can hurt people. That means you don't always think about what you say. That means that you don't take responsibility for what you say. That means the concept of ALWAYS thinking before you speak and ALWAYS taking responsibility for your words and actions is a foreign concept.

      Lori Drew knew full well what she was doing was malicious. She just thought nothing was wrong with what she was doing. She thought her actions were correct for HER and her life. She just did not put any real thought to what she was doing. She enjoyed being mean to that child, and she enjoyed making that child's life hell. Then she applied her own twisted morality to it, and thought, "Aww, what a baby... can't take the heat."

      Well, this woman got off light. I say an Eye for an Eye. I say that if you want to teach people to take responsibility, you must show them that this kind of behavior will not be tolerated. Execute her. I don't really care if people think that is absurd or too harsh. If people do not fear and respect the consequences, they will continue to behave badly. Lori Drew's punishment should be so harsh that she not only never EVER wants to act that way again, but that she should spend her remaining life making amends... considering her actions already cost someone else (someone who was not fully developed enough to realize their potential and understand life) her life. Lori Drew's life should be forfeit. Ok. Maybe not Executed. Maybe a lifetime of public service helping kids with self-esteem issues.

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    69. Re:Shit by davidphogan74 · · Score: 1

      And Megan's mom doesn't seem to want to admit responsibility for being a bad parent. The story she's told basically is that she got home, she and Megan fought about Megan using the computer while Tina was out, and Megan got made that Tina again didn't take her side. Tina sent Megan to her room, and Megan killed herself.

      But it's all Lori Drew's fault, somehow.

    70. Re:Shit by Anonymous Coward · · Score: 0

      ...because im [sic] sure everyone here has harrased[sic] someone to a point where they might have felt bad about it.

      You're making excuses for antisocial behaviour. I'm fairly sure there are numerous counter-examples to your assertion because I know at least one.

    71. Re:Shit by I_want_information · · Score: 1

      But Megan clearly didn't kill herself over an argument with her mother but rather from the beyond hurtful comments made by a middle-aged woman pretending to be a teenaged boy who had just told her the world would be a better place if Megan wasn't in it. It's not clear to me how you can equate the two, much less argue that the mother's actions were worse than Drew's.

    72. Re:Shit by Jah-Wren+Ryel · · Score: 1

      that's an extreme to believe, even if the grandmother died...gotta link to show this similarity?

      (a) How did you get that the grandmother died out of what I wrote?
      (b) Are you unaware of just how much civil forfeiture has been abused in the war on some drugs?

      If so, read this from oregon where civil forfeiture laws were somewhat reeled in by ballot.
      All the other states, and federal, remain just as bad.

      http://www.oregon.gov/CJC/Forfeiture/BM3Favor.shtml

      --
      When information is power, privacy is freedom.
    73. Re:Shit by phulegart · · Score: 1

      What are you talking about? If Lori Drew had not done what she had done, and girl had not died, Lori Drew would never have been arrested, regardless of how many times she signed up at Myspace with fake names and information.

      Hello?

      She was charged with the crime she was charged with because the prosecution went with the policy... if you can't get them for the bigger crime, get them for the lesser crime. At the very least get them. Again, if she had not committed the greater crime, she would not face the charges for the lesser crime... else there would already be FAR more people in jail right now for signing up to Myspace with false information.

      Al Capone was convicted for the lesser crime of Tax Evasion because the prosecution knew they could convict him of that. He escape prosecution for the greater crimes that he committed, not because he didn't do them, but because legally, there was not enough evidence to convict without having it overturned on appeal. You can't argue that just because you cannot successfully prosecute someone, they must not have committed the crime.

      Lori Drew is guilty of causing the death of an impressionable child who was not quite old enough to understand life and responsibility and consequence. She abused her position as a parent and an adult, and maliciously manipulated a child into killing herself. Just because the prosecution could not convict her of this, does not mean she did not do this. You can't use the Jersey Defense here, that Everything is legal as long as you don't get caught.

      So you fear for your ability to sign up for online services under a fake name. If you plan on performing malicious acts, you SHOULD be fearful.

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    74. Re:Shit by Anonymous Coward · · Score: 0

      If that happened more and Judges had 1/4 a brain...

      That's a funny way of spelling "ruled the way I want them to, irrespective of what the law actually is".

      And yes, that IS what you meant.

    75. Re:Shit by Jah-Wren+Ryel · · Score: 2, Interesting

      I think it's pretty obvious that the law hasn't quite caught up with the societal changes caused by the Internet. So it shouldn't come as a surprise that the laws that sound like they should apply can't be made to apply.

      I don't think it even sounds like it should apply. This conviction is equivalent to saying that if you sign up for one of those grocery-store "discount cards" using a fake name and address, then you would go to jail. After all, you violated their terms of service by lying on the application and used that violation to obtain discounts that you had no right to which is fraud.

      Even with the DA's hand-waving about using false information in violation of a TOS is not a crime as long as there is no criminal intent, the above scenario would be enough to qualify.

      So I don't think this ruling comes anywhere near sounding like it should apply either.

      --
      When information is power, privacy is freedom.
    76. Re:Shit by rtechie · · Score: 4, Insightful

      However, if you are basing your statements off the fact that antidepressants are carelessly over-prescribed in some cases, and completely unnecessary in other cases, without knowing for fact that this was actually the case in Megan's case, then I postulate that you don't actually know enough about what was going on to blame the parents for anything.

      No. His statement was a lot more profound. He was questioning the wisdom of EVER perscribing powerful psychotropic drugs to teenagers who are acting normally (depression, violent behavior, and suicide attempts are normal for teenagers) given their brains are not yet fully developed.

      Many people do not realize that not only were most antidepressants not tested on teenagers, but many of them weren't even tested for depression. They were developed to treat other, more severe, mental issues and depression is an off-label use. Many people are stunned to hear that drugs like Paxil and Zoloft were not clinically tested for depression. And there is a huge difference between clinical depression (crying uncontrollably 24/7) and the very mild depression these drugs are generally prescribed to treat. They only tested them on people with serious depression.

      This is not to say long term studies haven't been done. A few have (you can count them on the fingers of one hand, I think there's 4 now). And the results aren't promising. Most importantly, they tend to show that taking antidepressansts does not have to seem have much of a positive impact on behavior when compared to doing nothing.

      I think associating SSRIs with suicide as a side effect is a bit of a red herring. I think the bigger problem is that parents have a child with serious depression, pump them up with drugs, and consider that "doing something" instead of dealing with actual issues. Like the fact that you're a lousy parent.

    77. Re:Shit by Eskarel · · Score: 1

      Personally tailgating is my biggest pet peeve in the entire world.
      It's not as bad here in Australia as it was back in the US, mostly because there's real speed limits here(as opposed to the pretend ones in the US). That doesn't mean that some asshole won't tailgate you, but it does mean that if you're driving the speed limit there are a lot fewer people who will try to get you to go faster in most places.
      That said, death to tail gaters.

    78. Re:Shit by davidphogan74 · · Score: 1

      But Megan clearly didn't kill herself over an argument with her mother but rather from the beyond hurtful comments made by a middle-aged woman pretending to be a teenaged boy who had just told her the world would be a better place if Megan wasn't in it.

      Okay, two flaws in your post. How is it clear she killed herself over a comment from someone she barely knew, instead of over her mom not listening to her, yelling at her for being online when nobody was home, and sending her to her room? Or maybe it was mom's unfair feeling about her using MySpace (which was only allowed when the parents were home.)

      But that's just Megan's mom's side of the story. She came home, got in a half-hour fight with Megan, sent Megan to her room where the suicide occurred.

      For all the people mentioning that Lori Drew knew she was on medication and ill, Tina Meyer damn well should have known that too. All we know of that half-hour is what Tina has told the media, and her side of the story doesn't sound very good.

      The second flaw in your post was that a middle-age woman didn't even comment that. Her assistant, who was given immunity by the prosecution sent that one.

      Don't get me wrong, Lori Drew seems like a pathetic piece of shit, I just don't think she deserves to be hung high over this. She was a small part of a big problem. Nobody needs to be blamed, except Megan Meyer for hanging herself.

      I'm not trying to be an insensitive dick, but the more details about the case I've gotten the less I felt this was the fault of any one person. It was just a big ball of shit rolling downhill too fast, and the Meyer family contributed to that ball of shit too. (I meant to do a car analogy, but the turdball was so much easier.)

    79. Re:Shit by Anonymous Coward · · Score: 0

      No, you incompetent fuckface.

      It's like this. The problem is that, not only are you an ass, you're an incompetent one who can't string more than one idea together and who doesn't understand that different styles of communication are necessary for spoken and written media.

      Your continued existence is a waste of finite natural resources. Why don't you do the world a favour and sweep away your carbon footprint?

    80. Re:Shit by I_want_information · · Score: 1

      Well, I agree with a large part of what you've said.

      I also think the ramifications of the jury's decision are chilling.

      But depression and antidepressants in children simply aren't well understood. Perhaps Tina was exercising 'tough love'. Clearly she was pissed that she'd told Megan to get off the computer *for her own good* and was annoyed that Megan did not.

      Do you coddle such behavior? (that is, in your view, not knowing the outcome)?

      All I'm saying is that Lori Drew deliberately set out to hurt a child. It's not clear that Tina Meier did so.

      And I'm still to see any evidence that Lori Drew regrets her actions, which was my original point.

    81. Re:Shit by Ironchew · · Score: 1

      And yes, that IS what I meant.

      Fixed that for you. ;)

    82. Re:Shit by spiritraveller · · Score: 1

      "Lori Drew is guilty of causing the death of an impressionable child who was not quite old enough to understand life and responsibility and consequence. She abused her position as a parent and an adult, and maliciously manipulated a child into killing herself. Just because the prosecution could not convict her of this, does not mean she did not do this. You can't use the Jersey Defense here, that Everything is legal as long as you don't get caught."

      Of course they couldn't convict her of that. It's not a crime to do what she did, but for the fact that she used a pseudonym. If you want to make it a crime, pass a law and prosecute people who break it after the law takes effect.

      Your Al Capone and "Jersey defense" comparisons are misplaced, and they have nothing to do with this case or this discussion.

      Get a hold of yourself.

    83. Re:Shit by six11 · · Score: 2, Interesting

      If I could mod you up (and if you weren't at +5 to me) I'd give you points. People have no disincentive for anti-social behavior because we've let our legal system castrate us.

      This topic always makes me recall how Buzz Aldrin was confronted by a moon landing denier, and Buzz jacked him. Personally I think the world would be much more pleasant if there was a legal basis for bloodying the nose of somebody who desperately needs it.

    84. Re:Shit by Ronin+Developer · · Score: 3, Insightful

      Exactly. It isn't about the fact she created an account under a false name. It's what she used it for. Anonymity is good when you aren't using it to harm someone else. She was fully aware of the potential for harm in her actions.

      Her behavior afterwards was like "What's the big deal - some little kid wacked herself - maybe mommy should have watched her more carefully".

      The problem is that there aren't laws that govern cyberbulling that have any teeth to them. That will change soon.

      I have kids of my own - one, now 14, who is bullied because he's much smaller than other kids his age, is smarter than several of them put together and has mild Asbergers. The school has a "Zero Tolerance Policy". Yet, when a kid threatened to slit his throat, nothing was done about it - we weren't even called by the school.

      Life's tough on the kid and my wife and I worry about him all the time as he gets depressed easily. It's tough seeing him go through what he does every day.

      As for her - Screw this bitch. What I would love to see is that nobody give her even the time of day. Fire her from her job - don't employ her. Heck - fire her husband too. Make her life miserable. Raise her credit card rates to 25%. And, please...don't give her her a book deal or pay her to speak. Let her suffer for what she's done. She deserves to live and rot in Hell.

      Maybe, if there's a God, the fact that she was convicted of a crime may allow the girls parents to sue her for everything she's got - and actually win.

    85. Re:Shit by v3lut · · Score: 1

      No. His statement was a lot more profound. He was questioning the wisdom of EVER perscribing powerful psychotropic drugs to teenagers who are acting normally (depression, violent behavior, and suicide attempts are normal for teenagers) given their brains are not yet fully developed.

      He didn't say that even a little. In fact, he was pretty clear on them being prescribed by a medical doctor.

      But, to address the point you are raising, I more or less agree to a point. I believe that medication of any kind should not be prescribed to anyone, regardless of their age or development, without careful consideration of the consequences. And I believe that as a culture, we tend to drug ourselves too much. Partially because we're told that it will make things better, and partially because we're just lazy.

      However, I think you missed my primary point. So I'll restate it.

      I think associating SSRIs with suicide as a side effect is a bit of a red herring. I think the bigger problem is that parents have a child with serious depression, pump them up with drugs, and consider that "doing something" instead of dealing with actual issues. Like the fact that you're a lousy parent.

      Unless you know the full case history of the person in question, and unless you posses the professional knowledge required to discuss the case with other qualified individuals, you cannot make a reasonable judgment.

      --
      http://downwithpants.org Overthrow the tyranny of your pants
    86. Re:Shit by Kierthos · · Score: 1

      I don't know about that, but Texas does have a very strong "Castle Doctrine" defense. The short version is, if you're threatened... ANYWHERE, you don't have a duty to attempt to retreat before using lethal force in response. This results in quite a few burglaries a year ending up with the criminals being killed. (And yet, there are still burglaries in Texas... strange.)

      --
      Mr. Hu is not a ninja.
    87. Re:Shit by edcheevy · · Score: 1

      I'm not disagreeing, just noting that it is happening. With supervision and additional schooling (but not a full medical degree), psychologists can prescribe in New Mexico & Louisiana (AFAIK). Bills have been proposed in a number of other states but so far have been shot down.

    88. Re:Shit by davidphogan74 · · Score: 1

      Excellent points. It's a bad jury decision, in my opinion, for many reasons I've stated, and some that I hope are just redundant at this point.

      I don't mean that Tina Meyer was a bad person at the time of Megan's death. I think Megan's death made her a bloodthirsty person though. Lori Drew screwed up, and she'll have to deal with that. Tina Meyer wants to destroy someone at this point, and Lori Drew has a bulls-eye on her head right now. She's an easy target for obvious reasons.

      I do think that enough of my peers who are parents now either encourage bad behavior, or demonstrate enough of it, that they're a hazard to their child. In addition, many get downright scary when their kid really pisses them off.

      I think the Meyer family meant incredibly well, and they were dealt a bad hand, but I've seen plenty of teenagers freak out when their parents tried to punish them. I've also seen parents freak out from a basic "That's not fair!".

      I think Lori Drew meant well for her child as well. I think Megan, known to be on psychopharmaceuticals for various psychosises, was someone for a parent to have concern about their daughter being acquaintances with.

      A fake MySpace profile? A bit much, but 13 year old kids aren't supposed to use MySpace either. Tina Meyer has admitted she knew Megan wasn't supposed to use it (she allowed her, admitting she knowingly violated the MySpace TOS), but the parents were supposed to be present when Megan went online.

      The day Megan killed herself, Tina left to drop Megan's younger sister at soccer (or something like that), and Megan stayed online when she wasn't supposed to.

      The MySpace Fight ensues.

      Megan goes to Mom...

      I hope my point of guilty parties (there are none, just unfortunate bystanders, not innocent nor guilty) might make more sense.

      I don't think it's clear that Lori Drew set out to hurt a child. That may have been the outcome, but the intentions were never clearly proven. The connection between the suicide was never clearly proven.

      A lot of Very Bad Things happened. I just won't make Lori Drew the devil some want to believe she is.

      Honestly, part of me doesn't think she's smart enough to pull it off.

    89. Re:Shit by davidphogan74 · · Score: 1

      If you break a law that drunk, it makes a difference. You apparently stayed within the limits of tolerable, as Lori Drew did.

      She's (most likely) a complete and udder asshole IRL, but it just seems odd that a fake or anonymous account can be such a problem.

      What does this do to Post Anonymously, craigslist, 4chan, DailyRotten, Tor, Proxies, gMail, HotMail, Yahoo Mail, etc?

      What if someone is an anonymously an ass-hat to a minor who's already suicidal from any other anonymous site?

      I'll drink to you, tonight!

    90. Re:Shit by Restil · · Score: 3, Interesting

      First off, as a general rule, most criminals are not exactly the smartest bunch in the lot. They just have to be smart enough to avoid getting caught enough times to make the risk/reward ratio pay off. Yes, there's a chance the police will catch up to you, and also a chance that a homeowner will fill you full of holes. You weigh that against the(unfortunately) very likely chance that you will get away with it.

      Depending on the influences of the criminal, there will be varying degrees of risk that he will be willing to endure for his activities. Take someone who's smart, who carefully cases his targets, ensures the owners won't be home and a lack of credible potential witnesses, knows how to cover his tracks, keeps his mouth shut, and knows when to quit. This criminal will accept far less risk than a broke cokehead on the verge of withdrawl. The cokehead might not even care if the owner might have a gun. Probably doesn't even care if he KNOWS the owner has a gun. He'll still go for it.

      So yes, guns won't stop all crime. Just like the death penalty won't stop murders. However, they do give the owner the capability of defending himself, family, and property that he wouldn't have otherwise.

      What the Castle Doctrine defense offers the owner is the lack of hesitation. While you're preparing to pull the trigger, you don't want to have to take time out to consider if you should wait until your assailant takes one more step toward you so he won't fall outside of the house, or make sure he's directly facing you so you won't accidentally shoot him in the back. It makes the rules you have to follow in a crisis situation much simpler and much easier to prove you were following those rules in good faith.

      -Restil

      --
      Play with my webcams and lights here
    91. Re:Shit by Hal_Porter · · Score: 2, Interesting

      In England there was a case where Tony Martin, who'd been burgled lots of times killed a burglar. In English law it's not necessarily illegal to kill burglars in self defense. So if you had a shotgun and an unarmed burglar walked in and you shot him dead you might get away with it as self defense. The force was excessive, but since you were only defending yourself it would be ok. The problem with Tony Martin is that he apparently sat in bed with his boots on and a loaded shotgun waiting for the burglar and then chased them off the premises firing his shotgun. That seems like premeditation and it makes the excessive force illegal. Tony Martin went to prison for life, but appealed and in the end only served 3 years.

      Anyhow in the middle of this case they interviewed a Texan lawyer who said something along the lines of "in Texas walking down the street you have certain rights but as soon as you break into someone's house you lose some rights, including the right to life". Texas rocks!

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    92. Re:Shit by Omestes · · Score: 1

      California? California is the dumbest place to drive truck ever. My dad is a truck driver, and used to take me on his routes sometimes (even more recently I find the experience interesting), so I got to know a fair bit of driving from the other view. The last time I rode with him he was hauling liquid sugar from Phoenix to San Fransisco, and even with baffles the nature of the load seriously messed with braking, as a ton of viscous liquid is wont to do.

      People cutting 6' in front of a loaded semi deserve what they get, as do morons riding in the 400' of blind spot along the side of the trailer. People generally act suicidal in the presence of semis. They don't handle like a Civic, they handle more like a train. If you act like a moron around a loaded semi going 75mph, your the one dead, not the truck driver either, and you generally deserve it.

      Once we were heading down a rather sever grade, and some idiot decided riding 6" in front of us was a great idea, not realizing that run away truck ramps exist for a very good reason.

      Going to California was a pain in the ass though, both being in a truck and not. Being that they are stuck in the right-most two lanes, and going around 20 mph slower than the rest of traffic makes an interesting experience. I always felt sorry for the people merging on and off, though they might be able to handle it with a bit more finesse. In my girlfriend's Echo, I felt nothing but plain fear merging. Nothing quite like being stuck between two doubles going 55 mph, trying to merge into 70 mph traffic.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    93. Re:Shit by 644bd346996 · · Score: 1

      I was referring to laws on harassment and similar things. They weren't the ones used in this case, even though is seems harassment probably should have been one of the charges.

    94. Re:Shit by RespekMyAthorati · · Score: 1

      Or child abuse.
      Why didn't they charge her with that?

    95. Re:Shit by ffflala · · Score: 1

      Jury verdicts do not set any legal precedent.

      Though if your false name ends up in someone dead, you might find it used as an issue, if they have nothing else to go w/.

    96. Re:Shit by Ihmhi · · Score: 2, Funny

      There's a difference between being a complete and utter asshole and talking someone to death.

      If talking someone to death were a crime, my high school Algebra II teacher would be serving multiple life sentences.

    97. Re:Shit by Anonymous Coward · · Score: 0

      Keep telling yourself that, little man. You'll never even fool yourself (let alone anyone with a functioning brain), but go ahead and try if it makes you feel better.

    98. Re:Shit by Raven737 · · Score: 1

      While i do agree that existing laws should not be 'bent' to prosecute her
      i do hope that everyone can agree that her actions
      as an adult to willingly and knowingly
      inflict great psychological suffering on a child
      which resulted in the death of that child
      should be punished in such a way as to prevent
      or at least greatly discourage a reoccurrence.

      If she gets 'off', what will stop all those other assholes
      in the world from trying to get children to kill them selfs
      just for fun?

      I don't know the law so i don't understand why they didn't
      prosecute her for manslaughter or homicide or at least something
      like willingly endangering the welfare of a child.
      I guess it was not possible under existing law, so i do hope that
      new laws will be created or existing laws will be revised to allow
      for a fitting punishment when such 'asshole' behavior results in the
      death on a child.

      In my opinion, she should rot in jail for the rest of her natural life.
      Being an 'asshole' is not an excuse when it leads to death of another, especially a child.

    99. Re:Shit by stephanruby · · Score: 1

      Maybe a lifetime of public service helping kids with self-esteem issues.

      That's an interesting and novel idea, much better than your previous one. May be, we could also punish all the child molesters by forcing them to help and work one-on-one with the kids they previously abused.

    100. Re:Shit by tkinnun0 · · Score: 1

      Do I know you?

    101. Re:Shit by cayenne8 · · Score: 1
      "It's similar to marijuana tax stamp laws "

      The tax stamp act laws were stricken down as unconstitutional by the appeal brought on by Timothy Leary....he was set free when he appealed his conviction that they required self incrimination to get one.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    102. Re:Shit by Majik+Sheff · · Score: 1

      You're using the internet to harm a child and that should be wrong.

      It is wrong, what you mean is that it should be illegal. There are many things that are illegal that aren't necessarily wrong and vice versa.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    103. Re:Shit by tkinnun0 · · Score: 1

      So it's not murder if I shove you over the edge, because it's not the shove that killed you, but the sudden stop at the end of your fall?

    104. Re:Shit by Anonymous Coward · · Score: 0

      To whoever is reading this:

      GO KILL YOURSELF.

    105. Re:Shit by Anonymous Coward · · Score: 0

      Megan killed herself. Lori did not shoot her, did not strangle or otherwise killed her.

      Only in America nobody is responsible for their own actions. You shot someone - games, TV, movies, drugs, alcohol, parents etc are to blame, not you. You kill yourself - somebody else is to blame, not you.

    106. Re:Shit by Loibisch · · Score: 1

      Congratulations, you just potentially won 3 years in jail and a $300,000 fine if she decides to hang herself now.
       

    107. Re:Shit by HungryHobo · · Score: 1

      Has the situation of "cops who the homeowner says didn't announce themselves busting down the door gets shot" ever come up?
      Otherwise you still have to hesitate to make sure it isn't a government official.

      I wouldn't feel safe without my shotgun pointed at the door and hooked up to the doorhandle with string.

    108. Re:Shit by nietsch · · Score: 0, Troll

      I could write something insightful here about why those 'rules' are in place, and remind you that the US has one of the highest murders per capita, probably because of attitudes like yours. Instead I will just tell you the world and the US would be a better place without you.

      --
      This space is intentionally staring blankly at you
    109. Re:Shit by Anonymous Coward · · Score: 1, Interesting

      (depression, violent behavior, and suicide attempts are normal for teenagers)

      Umm... no, they aren't. Some level of emotional turmoil is normal for teenagers, but depression - actual depression! - and suicide attempts aren't.

      It's just like with physical symptoms, too. A girl might be experiencing cramps when she gets her first period, but that doesn't mean that ANY AND ALL pain she'll feel is normal. It's still possible for other things to be wrong/broken about her body.

      The same is true for mental issues, as well. The world isn't binary.

      As for antidepressants, I'll partially agree with you insofar as that they're not a solution in themselves but rather just give you a foundation upon which to build in therapy, but to claim that they don't work is disingenous at best. I am suffering from clinical depressions myself, and I've taken a variety of antidepressants in the past, including tricyclics, SSRIs and NaSSAs, and they DO work. What they DON'T do is solve your problems.

      (That, and of coure they are serious drugs that can have serious side effects and shouldn't be prescribed lightly, anyway, but that doesn't mean they should never be prescribed at all. Again, the world isn't binary.)

    110. Re:Shit by antiseptic_poetry · · Score: 2, Informative

      Shooting someone in the back as they're fleeing automatically negates any claim of "self-defense". Tony Martin was never in any danger, they were leaving his home when he fired the fatal shot.

      Also it would never be legal to shoot an unarmed burglar in the UK; that goes far beyond the legal definition of "reasonable force".

    111. Re:Shit by mirkob · · Score: 1

      it may be that i came from an entirely reversed tradition, here in italy only a few had any weapon at all an the majority came from a police force background or a hunter background (and a criminal background), legally acquiring a weapon is a long costly and frustrating experience.

      but know what?

      there are really, really, really few incident where a robber shoot some victim (mafia gang ws mafia gang is another chapter entirely)

      when some jeweler started to respond pointing a pistol to the robber the number of armed robbery with serious incident largely increased

      i'm sure that if i will be subject to a robbery i'll certainly like to have a gun to defend myself, but if every "customer" start to carry weapon the criminals will certainly start to shoot first and ask what's the bulge in your jacket is later...

    112. Re:Shit by Anonymous Coward · · Score: 0

      I think you mean "shouldn't", not "can't". Lots of assholes get smacked, and if this lady gets sentenced to the maximum term, that'll be one more asshole our legal system found a way to smack depite a weird indictment.

    113. Re:Shit by laejoh · · Score: 1

      I call for Rule 34 of the Internet. We're in need of an alt.binaries.pictures.erotica.plants!

    114. Re:Shit by Anonymous Coward · · Score: 0

      The school has a "Zero Tolerance Policy". Yet, when a kid threatened to slit his throat, nothing was done about it - we weren't even called by the school.

      I know litigation is often misused, but this sounds like a clear case for at least getting a lawyer to threaten to sue the school for not protecting your child in clear violation of their own policy. Just a legal letter might have got them to practice what they preach. I mean, not to put too fine a point on it, your kid's life might be at stake. Or maybe a police report would wake them up.

      BTW Not meaning to be too critical - it's not clear from your post that you *didn't* take further action, and maybe you made a considered judgement that the threat was not 'real' and that any action would be to your kid's detrement.

    115. Re:Shit by Anonymous Coward · · Score: 0

      No, I have never harassed someone. I hope harassing someone is something from your past, otherwise; grow up (and man up).

    116. Re:Shit by JosKarith · · Score: 1

      What a terrible nanny state we live in if verbally harassing someone under a pseudonym is punishable by 3 years in prison!

      So... if I decide to wage a campaign of harassment and intimidation against you then you have _no_ problem with that? Pseudonym or not that is what you are defending.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    117. Re:Shit by Thansal · · Score: 1

      And the point is:

      NOT IN TEXAS!

      Man kills 2 burglars. One of them I think was on his property, the other down the street. He had called the cops, hell we know exactly what happened b/c we can hear it all on the 911 call. Exact quote from the 911 call (as far as my memory allows): "I ain't gona let them get away with this" (to the 911 operator who repeatedly told him NOT to go out, cops are on the way) "bang, your DEAD!" (after firing).

      He wasn't even indited (aka, it never went to trial, a grand jury decided that there was not enough evidence to try him).

      Oh, last little bit?

      They didn't break into his house. He saw the breaking in and leaving his neighbors.

      Yup!

      gotta love Texas law! ...

      right?

      God I am glad I don't live there.

      --
      Do Or Do Not, There Is No Spoon, There Is Only Zuul. Everything in the above post is probably opinion.
    118. Re:Shit by JohhnyTHM · · Score: 1

      She wasn't convicted of harassment...

      And that is what I don't understand. Isn't this exactly what harrasment and anti-stalking laws are for?

    119. Re:Shit by eat+here_get+gas · · Score: 1

      granny came in here: "but then turned into a free-for-all where grandmothers etc"...since i believe the initial statement to be hype. turning your hype into a worst case scenario would call for grannies demise. hence my statement. the laws work fine, you want to sell drugs, or allow them to be sold on your tangibles, then be prepared to lose your tangibles! it's more effective than it is ill-used or applied, as you suggest.
      disclaimer: i use opiates (both prescribed and not), and am totally aware of the ramifications of that.

      --
      the significance of a signature is insignificant
    120. Re:Shit by sabs · · Score: 2, Interesting

      Had that been my child, Lori Drew would never have made it to trial.

      I might make it to trial, but Lori Drew would not.

    121. Re:Shit by sabs · · Score: 1

      Not at all.
      First off, We're not breaking Slashdot's EULA.
      Secondly, he has not built up a personal relationship with Lori Drew under false pretenses.

      At least, get the facts right.

    122. Re:Shit by Sj0 · · Score: 3, Funny

      Oh no! Someone made fun of me! On the Internet!

      Goodbye, cruel world!

      --
      It's been a long time.
    123. Re:Shit by twofunky · · Score: 1

      You may never have harassed someone into feeling bad but I am pretty certain you are not a saint and at sometime in your life you have said or did something to make someone feel bad. That is just one of those ugly little facts of life. Rumor has it, if one believe the new testament, that even Jesus Christ himself made people feel bad. I think many people can agree that Ms. Drew did something really stupid but again, doing stupid stuff is a fact of life. We all do stupid things, and I do mean all as in everyone. We now live in a world where kids can not receive an F in school because it might hurt their self esteem, everyone has to be included on a little league team because if not it might hurt a kid's self esteem...this goes on and on. Guess what? It is an annoying crock of steamy, hot doody. It is very bad that a girl killed herself, but where was that girls parents. Did they smother the child with over protectiveness, were they simply not involved. They are as equally quilty in this mess. You can not, nor should you protect a child from everything. This is how nature works. You ever watch a litter of puppies as they grow? Eventually one emerges as the stronger animal, the future leader. The interaction between the pups is very much like the proverbial school yard. It was not too hard to know the prosecutor in this case had a very weak position to start with, hence the conspiracy charge. Conspiracy charges get thrown in as a way of trying to get a conviction on something. Much like a Hail Mary pass in football. I could tell you I was going to go out and pee on a telephone pole, and when I got caught, you could be charged with conspiracy to deface public property because you knew ahead of time. Makes sense doesn't it?

    124. Re:Shit by tehcyder · · Score: 1
      IMHO, any system that values property rights above human life has something inherently evil about it.

      Just call me old-fashioned.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    125. Re:Shit by Hal_Porter · · Score: 1

      Look at it from Tony Martin's point of view. The only person the law went after was him, the burglars even got legal aid to sue him when he got out of prison until the press embarassed the courts into stopping the case, just like it was only public outcry that got his sentence reduced. He'd have been better off it there were no police, just him and his shotgun and the burglars. And the burglars would have been worse off.

      Any legal system that puts the rights of criminals over the law abiding has something evil about it. Just call me old fashioned.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    126. Re:Shit by Tarsir · · Score: 1

      teenagers who are acting normally (depression, violent behavior, and suicide attempts are normal for teenagers)

      Where do you live that suicide attempts are a normal part of growing up?

    127. Re:Shit by Draek · · Score: 1

      Well, this woman got off light. I say an Eye for an Eye. I say that if you want to teach people to take responsibility, you must show them that this kind of behavior will not be tolerated. Execute her.

      You, sir, are a class-A moron. The only, the *only* things one should be punishable for are one's own actions, and to argue otherwise is to argue for vengeance, not justice. Yes, the kid killed herself, so what? the fact that the kid had depression so that she was willing to take her life for that wasn't Lori Drew's fault, and unless she had the capability to predict such an outcome from her actions, she should not be judged for her death, neither morally nor legally.

      But then again, if the GP you replied to (or hell, Lori Drew herself) committed suicide tomorrow, you'd be arguing for your own execution after your 'scathing' post. Kind of a farfetched scenario, but a kid killing herself after someone posted bad stuff about her on MySpace ain't significantly less so.

      --
      No problem is insoluble in all conceivable circumstances.
    128. Re:Shit by antiseptic_poetry · · Score: 1

      Exactly - allow people to take the law into their own hands, and you get the above situation or even worse:

      http://news.aol.com/article/boy-killed-while-trick-or-treating/234790

    129. Re:Shit by Anonymous Coward · · Score: 0

      If you could be convicted for being a complete and utter asshole IRL, I would be in jail right now. Serving out a sentence for things I don't even remember doing.

      (I quit drinking 4 years ago and am doing much better thank you.)

      Not to be a jerk, but as an alcoholic they would make a point of drying you out in prison. Perhaps the time in prison would have given you the opportunity you needed, sooner, to sober up.

      It wouldn't matter whether you remembered what you did or not, just why you went there, and what it did for you.

      Most countries call prisons "rehabilitation/reform" centres for a reason. Unless you are a hardened criminal, the hope is you'll be a better man once you've left.

    130. Re:Shit by Robber+Baron · · Score: 1

      There is a "fighting words" clause in the US.

      "Hey you! Let's fight!"
      "Them's fighting words!"

      --

      You're using her as bait, Master!

    131. Re:Shit by Idiomatick · · Score: 1

      'the rights of criminals over the law abiding'
      If you define the guy shooting fleeing people in the back with a shotgun law abiding sure. Otherwise your statement doesnt hold up.

    132. Re:Shit by Idiomatick · · Score: 1

      And?
       
      This is you: 'I used to be a crackhead and I was seriously addicted. This one time I stabbed a guy over 20$ for some blow. If I could get convicted for stabbing people I could have lost my job.'
      Good to hear you got over it but... being an asshole is not an excuse for being an asshole.

    133. Re:Shit by Hal_Porter · · Score: 1

      He was law abiding up to that point. And he reported burglaries to the police before and they did nothing. If they won't do anything about it, they shouldn't stop him.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    134. Re:Shit by R2.0 · · Score: 1

      Bullshit. Using false info to register for a website is like speeding - it IS illegal even though everyone does it, but no one cares unless you are doing something REALLY stupid or it's a pretext for investigating something else. Guess what - they've been doing it that way for decades and civilization hasn't collapsed. Don't like it? Don't speed or violate the TOS.

      Remember, Al Capone was convicted on tax evasion.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    135. Re:Shit by Jah-Wren+Ryel · · Score: 1

      granny came in here: "but then turned into a free-for-all where grandmothers etc"...since i believe the initial statement to be hype. turning your hype into a worst case scenario would call for grannies demise.

      Why are you deliberately replacing the text where I wrote exactly what happened to a grandmother - LOST HER HOUSE - with an ellipses?

      --
      When information is power, privacy is freedom.
    136. Re:Shit by Jah-Wren+Ryel · · Score: 1

      it's more effective than it is ill-used or applied, as you suggest.

      Forgot to comment on this point. That's not the way the law is supposed to work. If simply being net more effective than abusive were the only criteria for the legitimacy of a law, then we would have things like mandatory contraband searches on every street corner, warrantless wiretaps would not be controversial nor would warrantless home searches and every piece of mail would be automatically opened, scanned and recorded by the police before delivery. After all, if you aren't doing anything wrong, then you have nothing to worry about.

      --
      When information is power, privacy is freedom.
    137. Re:Shit by Idiomatick · · Score: 1

      You are totally right. Next time that guy in the red civic cuts me off i'm going to drive him sideways across a freeway. People >>> Things.

    138. Re:Shit by STrinity · · Score: 1

      Do you really want to live in a world where violating a website's TOS is criminal fraud? You lie on a site's registration page because they're asking intrusive questions that have nothing to do with the service they offer, and you get police knocking on your door?

      --
      Les Miserables Volume 1 now up with my reading of
    139. Re:Shit by mav[LAG] · · Score: 1

      He wasn't to know that. It was dark, he was alone and also suffered from a particularly nasty form of paranoia. The brat who got a full load in the back? Good riddance.

      --
      --- Hot Shot City is particularly good.
    140. Re:Shit by Herr+Brush · · Score: 2

      What you fail to realise is that TOS, EULA etc is a CIVIL contract and breaking it shouldn't result in CRIMINAL charges. This whole prosecution is a joke. If they don't have enough evidence or can't charge her under existing harrassment laws then she hasn't acted criminally and trying to bend existing laws to punish her with something/anything out of vengenace is wrong - if a new law is needed then it can be implemented going forward - not retroactively. Looking at another situation: you dislike and fire an employee out of malice. He then kills himself. Should you be charged for the death?? The firing was wrong and had he lived he could have sued for compensation in a civil court. Obviously getting fired could contribute to a depressed person's decision to kill themselves but you couldn't reasonably expect that to be the outcome.

    141. Re:Shit by coolgeek · · Score: 1

      What? No death threat?

      --

      cat /dev/null >sig
    142. Re:Shit by DragonWriter · · Score: 1

      "No, but fraud and harassment are."
      As I said before...trouble is, she wasn't convicted of this really. She was convicted of basically breaking the myspace EULA. She wasn't convicted of harassment...

      Actually, she was found guilty of breaking the terms of service in ways which amount to fraud (count 1) and harassment (count 3).

      Count 1 was breaking the terms of service by using a false name where a real name was required; i.e., gaining access to other's resources under false pretenses, what is, in common language, fraud.

      Count 2 was breaking the terms of service by using the service to solicit personal information from a minor.

      Count 3 was breaking the terms of service by using the service to harass or harm another person. E.g., harassment.

    143. Re:Shit by DragonWriter · · Score: 1

      And that is what I don't understand. Isn't this exactly what harrasment and anti-stalking laws are for?

      IIRC, "harassment" laws, that exist, are usually civil, and "anti-stalking" laws usually require some element of physical stalking.

    144. Re:Shit by Anonymous Coward · · Score: 0

      teenagers who are acting normally (depression, violent behavior, and suicide attempts are normal for teenagers)

      Where do you live that suicide attempts are a normal part of growing up?

      America.

    145. Re:Shit by Anonymous Coward · · Score: 0

      Straw man arguments are lies.

    146. Re:Shit by mangu · · Score: 1

      Shooting someone in the back as they're fleeing automatically negates any claim of "self-defense"

      That's very easy for you to say, discussing a theoretical situation here on Slashdot. Let's see what your reaction would be if you had to go to sleep every night in a crime-ridden neighborhood, never knowing when you will be wakened by a burglar demanding to know where is the cash (that you don't have).

      What wold you do in a split second, when the decision means if you will live or die? You're just lucky, having been born in a social class that leaves such decisions to the police or to hired people in the security staff.

    147. Re:Shit by austin987 · · Score: 1

      Surprisingly, no. But it's a proposed bill for the next legislative session.

    148. Re:Shit by Anonymous Coward · · Score: 0

      That only applies to retards though. Too bad they missed G'dub....

    149. Re:Shit by FredMenace · · Score: 1

      I believe the only thing that is undeveloped about most teenagers' brains is their experience - the knowledge of having gone through terribly difficult situations and survived, the ability to say "I can make it through this, because I have made it through other difficult situations in the past". They lack perspective, not development.

      Serious depression, violent behavior, and suicide attempts are not and should not be considered a normal part of growing up. Especially when suicide is the third-leading cause of death among teens.

      I am also not sure what you mean by "not tested for depression", when you go on to admit that Zoloft and Paxil were indeed tested for depression (both were approved by the FDA for depression in 1992). Yes, there is endless debate about the point at which depression is severe enough to require treatment, and what treatments to use first, but my guess is that the problem of undertreatment still outweighs the problem of overtreatment by a fairly wide margin.

    150. Re:Shit by Belial6 · · Score: 1

      That is even worse. When the state decides they want to punish you when you have committed no crime, so they make stuff up, you might as well not have any laws at all. It is a perversion of even the semblance of justice.

    151. Re:Shit by Anonymous Coward · · Score: 0

      I'd rather have it as a precedent, than have this pitiful excuse for a human being get away with it. Let's set a different kind of precedent, where this behavior is clearly condemned by law. It is clear for everybody that the current charges are just a vehicle for punishing her deed, so I am not too worried about the 'alias' precedent.

    152. Re:Shit by Anonymous Coward · · Score: 0

      Yeah, right. You're a troll who enjoys putting up ridiculous strawman arguments to get any kind of attention. You are not going to kill yourself over the very negative attention you're asking for.

      Of course trolls enjoy needling and harassing others, so it's not surprising that a story where a vicious troll gets held responsible for an extreme reaction to their actions brings on ridicule from people who get Schadenfreude from more mainstream trolling. You're clearly in denial, but this story probably hit a little closer to home than you're willing to admit, or you wouldn't be working so hard to discredit the narrative.

    153. Re:Shit by Anonymous Coward · · Score: 0

      This is only a good system if:

      1) Everyone agrees to what causes what offenses deserve a beat down
      2) No fear of reprisals or else only the strong will handing out sentences

    154. Re:Shit by E++99 · · Score: 2, Insightful

      Agreed. It's no coincidence that back when men walked around with canes or swords, people were a lot more civil to each other. The threat of corrective violence is seriously lacking today.

    155. Re:Shit by Rynd · · Score: 1

      Two words: Georgia O'Keefe

    156. Re:Shit by Anonymous Coward · · Score: 0

      Herein lies the problem with the American way of life. If someone is an asshole to you they KNOW that you cant reach over and smack them in the face.

      It's why these jerks on the highways and roads, tailgaite you, cut you off, and generally put your life in danger for their convenience. If they knew that I would stop my car and kick their ass, they would not do it.

      Honestly a lot of people in his world need to be smacked in the head, all the way to having the ever living crap beat out of them. If that happened more and Judges had 1/4 a brain and said," you deserved to be smacked.. you cover all court costs and his costs as well." Then the world would be far more polite and less jerkwad filled.

      Yes that applies to cops too.. if a cop is an asshole, we deserve to be able to wait for him after work and kick his ass.

      I see problems with that approach. While it may seem appealing, I think policies based on anger and retribution are bound to create more problems.

      From a practical standpoint, who gets to define what it means to 'act like an asshole'? I seem to recall something about the Church trying to do that at some point, and it didn't turn out too well [you know: Fear, surprise, ruthless efficiency, and comfy chair].

    157. Re:Shit by R2.0 · · Score: 1

      But it was a criminal act - there is a law that makes it criminal. Was it intended to cover what she did? Not really, but RICO was never intended to cover abortion protesters and tobacco companies. I'm not saying I like it, but I'm not going to shed a tear over her fate and I'm not going to worry about filling in my address when I sign up to websites as 1313 Mockingbird Lane.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    158. Re:Shit by VJ42 · · Score: 1

      He was law abiding up to that point.

      IIRC He was in possession of an illegal firearm. (the one he used to shoot the bungler) I wouldn't call that law abiding.

      --
      If I have nothing to hide, you have no reason to search me
    159. Re:Shit by eat+here_get+gas · · Score: 1

      now you're throwing the Patriot Act into it? You're a paranoid dude aren't you?

      you're quote (in entirety): "a free-for-all where grandmothers lost their houses because a grand-kid stayed with them and smoke a couple of joints while he was there."

      THAT's the statement I'm looking for a link to. WTF did a grandmother EVER lose her house because her grandkid SMOKED a couple of joints? NOT SOLD a couple (big difference!)...still unbelievable, but you DID say smoking...I also note your use of pluralistic terms, but I'll settle for one link.

      --
      the significance of a signature is insignificant
    160. Re:Shit by ultranova · · Score: 1

      If I could mod you up (and if you weren't at +5 to me) I'd give you points. People have no disincentive for anti-social behavior because we've let our legal system castrate us.

      Contrary to popular belief, violent aggression does not equate manhood. It equates anti-social behaviour. Nor is solving disputes in a court rather than by bloodying the noses of whoever annoys you a sign of emasculation; it is a sign of maturity.

      Personally I think the world would be much more pleasant if there was a legal basis for bloodying the nose of somebody who desperately needs it.

      Personally I wonder if the people saying this are reminiscing their golden days as school bullies, or if they're simply lucky enough to have never run across one. Either would explain why they seem to consider vigilantism as a good idea.

      Out of curiosity, do you also think rape's okay if she was asking for it ?

      --

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

    161. Re:Shit by ultranova · · Score: 1

      Looking at another situation: you dislike and fire an employee out of malice. He then kills himself. Should you be charged for the death?? The firing was wrong and had he lived he could have sued for compensation in a civil court. Obviously getting fired could contribute to a depressed person's decision to kill themselves but you couldn't reasonably expect that to be the outcome.

      Looking at yet another situation: you mug someone, and smack him to the head from behind. He happens to have weak bones, so your punch shatters his skull and kills him. Should you get away with just a probationary sentence because, after all, you didn't mean to kill him, just knock him out and rob him ?

      --

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

    162. Re:Shit by Windows_NT · · Score: 1

      This my be a little off topic, but i was talking to my uncle yesterday, we were talking bout guns, and the home protection topic came up. He was basically saying, if someone break into your home, kill them. 1) they are intruding and putting your family in danger. 2) a dead man cant sue you

      --
      Go go Gadget Nailgun!
    163. Re:Shit by Jah-Wren+Ryel · · Score: 1

      now you're throwing the Patriot Act into it? You're a paranoid dude aren't you?

      Jeesus Christ, where the fuck do you get this stuff from? Where in all of my responses to you have I mentioned the PATRIOT act? I do notice that you have provided ZERO rebuttal, not even a lightweight handwaving rebuttal, to my point that your criteria for simply being net more effective than abusive is absolute bullshit.

      Meanwhile you still have not answered this question, which nows seems to be part of a much larger pattern with you:
      Why are you deliberately replacing the text where I wrote exactly what happened to a grandmother - LOST HER HOUSE - with an ellipses?

      THAT's the statement I'm looking for a link to. WTF did a grandmother EVER lose her house because her grandkid SMOKED a couple of joints? NOT SOLD a couple (big difference!)

      I've already linked it for you, but if you want more details here is another link. In the particulars of this case the grandson was accused of selling but was not convicted as in the eyes of the law he never sold any drugs.

      That web page, like the previous link I provided, is full of similar situations - like the case where simply having a lot of cash on him while on a flight to las vegas was considered prima facie evidence of drug trafficking and thus enough for a man who have $9000 confiscated but he wasn't even charged, or the man from whom the DEA and the Park Service conspired to steal his land by false testimony in a warrant because he refused to sell it.

      --
      When information is power, privacy is freedom.
    164. Re:Shit by Ronin+Developer · · Score: 1

      Unfortunately, the problem with legal action is that I have two other children - one of which is still in that school. The effects on him would have been detrimental in the long run. We already had to deal with ramifications after compelling the school district to send our hard of hearing child to another school - one that had dealt with children with hearing disabilities and understood what they go through. The other school simply didn't understand the issues. It was the correct choice.

      Note - lest ANYONE think this is a genetic issue and we should be removed from the gene pool - my youngest lost hearing in one ear after contracting bacterial menigitis - a common complication of the disease - and suffered multiple strokes as a result of the disease also when he was 5 months old. Other than the hearing, he made an almost complete recovery.

      The parents of the kid causing the trouble did take some action - mom is pretty nice. Dad? He's nice but a gun-ho soldier. Considering the kid had been a problem child since pre-school and he surely had access to weapons - I would deem it credible.

      As for other action - we did manage to keep them having to be in the same class. Now, he's in middle school, has new friends that stick up for him when he gets picked on. Not that he can't fight his own battles - but, unlike his dad who fought PKA at 16 at 165 lbs. He'd get his butt whooped against the other kids - he just broke 100 lbs this year and has no interest in learning to fight - yeah..he's 14. Besides, in today's world, the school yard fight will get you arrested and expelled from school. Far different world that what I grew up in.

      What he doesn't possess in physical prowess he makes up in intellectual ability. That has been a saving grace as he doesn't have to interact with the kid anymore.

    165. Re:Shit by minus-sign · · Score: 1

      Who says you can't? One facet of the American way of life is...if they didn't see you do it, good or bad you didn't do it. Then again, that brings us back to Lori's way of thinking. She figured she could get away with harassing a minor on the internet to the point that the kid killed herself. Someone caught her, she got in trouble.

    166. Re:Shit by pacinpm · · Score: 1

      [...]maybe mommy should have watched her more carefully".

      Guess what? She was right about it! If kid has such emotional problems his parents should not let him contact strangers. Especially on the net.

      My kids can't talk online nor use online games until they grow up. Simply because you just can't be sure who they are talking to. Blame the parents not this stupid bitch.

    167. Re:Shit by rtechie · · Score: 1

      Umm... no, they aren't. Some level of emotional turmoil is normal for teenagers, but depression - actual depression! - and suicide attempts aren't.

      Bullshit. Virtually everyone I've ever met has reported suicide attempts or thoughts of suicide or violence or both. Read biographies. Of anyone. Virtually everyone reports depression, frustration, etc. Read some ancient literature sometime. You'll find a lot of teenagers doing a lot of crazy stuff.

      Teenagers have ALWAYS been associated with emotional turmoil which VERY OFTEN leads to violence and bad behavior. If you didn't do something crazy that nearly got you killed as a teenager, YOU'RE the unusual one.

  2. let this be a warning... by butterflysrage · · Score: 4, Insightful

    if you sign up under a pseudonym... don't kill anyone.

    (and before everyone screams at me, yes I understand just how badly this precedent can be used)

    --
    the preceding post was not spell checked... suck it.
    1. Re:let this be a warning... by homer_s · · Score: 1

      Who did she kill? I read that the girl committed suicide, so again, who did Lori kill?

    2. Re:let this be a warning... by LaskoVortex · · Score: 2, Funny

      How about this: don't fucking sign up with a pseudonym you fucking criminal!

      Oh wait.

      --
      Just callin' it like I see it.
    3. Re:let this be a warning... by jcr · · Score: 4, Insightful

      Well, put it this way. If I tell you I'm a doctor and that you're terminally ill and that you'll die in horrible pain pretty soon, and based upon that believe you shoot yourself in the head, it's a suicide but it was induced by deception.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:let this be a warning... by oahazmatt · · Score: 1

      That's a very good argument, actually. I wonder would the same thing have happened if it was someone from her school, using a legitimate profile? While the woman was antagonizing the girl, I'm troubled by this ruling. I'm very conflicted.

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    5. Re:let this be a warning... by cayenne8 · · Score: 1
      "Well, put it this way. If I tell you I'm a doctor and that you're terminally ill and that you'll die in horrible pain pretty soon, and based upon that believe you shoot yourself in the head, it's a suicide but it was induced by deception."

      Still...is that against the law??

      Remember the only reason they went after under these statues is...they could not find any law applicable to what she did. What she did was not illegal under any standing laws.

      Stretching laws to try to get someone bad, that did not break a law, is VERY dangerous.

      The girl killed herself. Sad....but, not against the law in what Lori did.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:let this be a warning... by oahazmatt · · Score: 2, Insightful

      That doesn't (and shouldn't) make you a criminal. I know someone, practically family, who went through a horrible ordeal because of someone she was supposed to be able to trust. Someone who was family. When she signed up for MySpace to keep in touch with her friends, she did so under an assumed name so that same person (who was known to use MySpace) wouldn't be able to easily locate her. So, she's just committed the same act as the defendant in this case. So technically, she should get 3 years in jail and a fine. Right?

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    7. Re:let this be a warning... by Anonymous Coward · · Score: 1, Funny

      Or, don't use a name at all!

    8. Re:let this be a warning... by jcr · · Score: 5, Informative

      Still...is that against the law??

      I'm not sure. I know some countries have laws against inducement to suicide, I'd have to ask an attorney whether any US states do.

      Seems to me that justice would have been better served here if someone had just beaten the crap out of Lori Drew, and gotten acquitted for it due to extenuating circumstances.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    9. Re:let this be a warning... by digitig · · Score: 1

      Nobody. But you've got to admit, the advice is still sound.

      --
      Quidnam Latine loqui modo coepi?
    10. Re:let this be a warning... by Jamie's+Nightmare · · Score: 1

      That example you cite isn't even close to what happened. Lori never told anybody they were going to die.

      --
      "When you see a unixer brainwashed beyond saving, kick him out of the door." - Xah Lee
    11. Re:let this be a warning... by Anonymous Coward · · Score: 0

      What are you talking about? Your name is right there. Wait, a minute...Anonymous Coward? That's me!

    12. Re:let this be a warning... by TechForensics · · Score: 1

      I know some countries have laws against inducement to suicide, I'd have to ask an attorney whether any US states do.

      You could ask the DA in the Lori Drew case-- (s)he knew what the possible charges were.

      Seems to me that justice would have been better served here if someone had just beaten the crap out of Lori Drew, and gotten acquitted for it due to extenuating circumstances.

      I have to agree with you on that one. Though harm to a parent is never as severe as harm to the parent's child.

      --
      Those are my principles, and if you don't like them... well, I have others.
    13. Re:let this be a warning... by UncleTogie · · Score: 3, Informative

      ...I'd have to ask an attorney whether any US states do.

      They do in Texas....

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    14. Re:let this be a warning... by TechForensics · · Score: 4, Interesting

      IAAL and I can tell you any case that intentionally and unreasonably pushed a susceptible person to suicide would be punished, at least if the defendant had reason to know of the weakness or susceptibility.

      It's not about doing it online or whether it was done under a real name. It's about what was done and how culpable and causative the conduct was.

      --
      Those are my principles, and if you don't like them... well, I have others.
    15. Re:let this be a warning... by Anonymous Coward · · Score: 0

      I agree, though sometimes I think the world would be better off without that "Anonymous Coward" guy...

    16. Re:let this be a warning... by UncleTogie · · Score: 1

      I know someone, practically family, who went through a horrible ordeal because of someone she was supposed to be able to trust [....] When she signed up for MySpace to keep in touch with her friends, she did so under an assumed name so that same person (who was known to use MySpace) wouldn't be able to easily locate her.

      Playing the part of Captain Obvious, lemme rephrase that for ya:

      When she chose to use a service whose function can be duplicated in email for the purposes stated, she did so illegally under an assumed name so that she could hold the illusion that the same person (who was known to use MySpace,and was familiar enough to her to be considered family) wouldn't be able to easily locate her unless they used any of the people-locater services, or asked a mutual friend.

      Has a different spin there, no?

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    17. Re:let this be a warning... by moderatorrater · · Score: 1

      Seems to me that justice would have been better served here if someone had just beaten the crap out of Lori Drew, and gotten acquitted for it due to extenuating circumstances.

      Agreed. You look up directions to her house on Google Maps, I'll grab the baseball bats. Then maybe this whole thing can be overturned on appeal.

    18. Re:let this be a warning... by oahazmatt · · Score: 1

      No. It doesn't. And there are far more details to the situation I mentioned than I can reveal.

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    19. Re:let this be a warning... by UnknowingFool · · Score: 1

      In other news, State District Attorney Hover Zealous announced a 125 count indictment of the infamous Internet users, I.P. Freely and Anonymous Coward for cyber-bullying. "At long last, the tyranny of these two will come to end," he said. The duo's two main victims, n00b and New_Here expressed relief that something had finally been done after years of torment.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    20. Re:let this be a warning... by oahazmatt · · Score: 1

      But the girl also confronted her mother shortly after the "World would be better off without you" comment. In fact, according to several news sources, she got into an argument with her mother right before she went to kill herself. How can it even be guaranteed that the cause of her death was the comment by Drew and not in fact by a combination of side-effects from anti-depressents and just a shitty day in general?

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    21. Re:let this be a warning... by DragonWriter · · Score: 1

      Remember the only reason they went after under these statues is...they could not find any law applicable to what she did.

      Actually, no. If they couldn't find any law applicable to what she did...they wouldn't have charged her. She was charged under this law for two reasons: one, its the only federal law that was applicable to what she did, and federal prosecutors (and others) were frustrated that state prosecutors did not prosecute her under state law. Whether or not there were any existing state laws that would be applicable was disputed at the time, but its not really all that important.

      Stretching laws to try to get someone bad, that did not break a law, is VERY dangerous.

      Using someone else's resources in violation of the only permissions which give you any right to use those resources is against the law, and has been for quite some time. Its not a stretch, and its not new. In the specific case of computer systems, one of the laws that it is against is the Computer Fraud and Abuse Act under which these convictions were handed down.

    22. Re:let this be a warning... by TechForensics · · Score: 2, Informative

      But the girl also confronted her mother shortly after the "World would be better off without you" comment. In fact, according to several news sources, she got into an argument with her mother right before she went to kill herself. How can it even be guaranteed that the cause of her death was the comment by Drew and not in fact by a combination of side-effects from anti-depressents and just a shitty day in general?

      Actually, there is an answer to your question. It is the concept of "Without Which Not" causation. The jury should be asked to consider would the suicide have happened without Lori Drew's conduct. If not, and if the suicide should have been forseeable to Ms. Drew, she's liable.

      --
      Those are my principles, and if you don't like them... well, I have others.
    23. Re:let this be a warning... by noidentity · · Score: 1

      if you sign up under a pseudonym... don't kill anyone.

      I guess that means an end to posts making fun of Slashdot users for having no life. That'll sure make my life better!

    24. Re:let this be a warning... by Anonymous Coward · · Score: 0

      If we DON'T sign up under a synonym, we can kill people? awesome

    25. Re:let this be a warning... by mewshi_nya · · Score: 1

      Hm, yeah. Every person who has killed themself was stupid. Hemingway, Cobain, that guy who wrote about the Holocaust... all stupid.

    26. Re:let this be a warning... by Stolovaya · · Score: 1

      Except anyone with half a brain would probably get a second opinion on something as big as that.

    27. Re:let this be a warning... by DragonWriter · · Score: 1

      So, she's just committed the same act as the defendant in this case.

      Did she violate the terms of service by soliciting personal information from a minor?

      Did she violate the terms of service by using MySpace to harass someone?

      If you answered "no" to either of these questions, she did not, in fact, commit the same acts for which Drew as found guilty by the jury in this case.

      So technically, she should get 3 years in jail and a fine.

      Drew has not been sentenced. She might be sentenced to less than the maximum for the three counts she was convicted of. Not everyone who is convicted of the same offense is, or should be, given the same sentence. There is a reason that our system has maximum sentences or sentencing ranges, not precise sentences for each crime. One thing that is often taken into account in where in the range of potential sentences a particular offenders sentence should fall is how severe the harms done by the act were, compared to those that are inherent in the crime that they were convicted of. Also often considered is how bad the act was itself within the range of the acts that would violate the provision of law at issue. These are also often considered before sentencing, or even charging, from the prosecutor in deciding which things that might be violations of the law even deserve to be charged at all, and which, even when they come to light, aren't worth the expenditure of public resources involved in a prosecution.

      So, no, even if your friend were technically guilty of a lesser and harmless violation of the same law that Drew was found guilty of violating in three counts, it would not logically follow that she must deserve the same punishment as the maximum to which Drew might be sentenced.

    28. Re:let this be a warning... by Anonymous Coward · · Score: 0

      Yes, they were. Just because someone is famous doesn't mean they can't be stupid.

    29. Re:let this be a warning... by UncleTogie · · Score: 1

      I can understand, and am not saying your situation wasn't serious. What I'm curious 'bout is why someone would use a social networking site MADE to find people rather than a private/generic email address... wouldn't that be safer?

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    30. Re:let this be a warning... by LaskoVortex · · Score: 1

      harmless violation of the same law

      That' laughable. When was the last time anyone sat on a jury and the judge said "hey, if you think its a harmless violation, don't convict". You nailed the problem with her case in the head. People are applauding the Drew case because they hate her, but this precedent will be abused in short order and these same people will be singing a different song pretty soon.

      --
      Just callin' it like I see it.
    31. Re:let this be a warning... by DragonWriter · · Score: 1

      When was the last time anyone sat on a jury and the judge said "hey, if you think its a harmless violation, don't convict".

      Consideration of harm comes both before the jury consideration of the verdict is an issue (in consideration of whether to prosecute and, where multiple charges are available, which charges to pursue) and after (in sentencing). You are correct that its not a factor juries are asked to consider when rendering a verdict (except when the harm is an element of the violation), but you are incorrect to treat that as at all relevant to my post. I suggest you reread the last, oh, two-thirds or so of the post, rather than responding to five words taken out of context:

      Not everyone who is convicted of the same offense is, or should be, given the same sentence. There is a reason that our system has maximum sentences or sentencing ranges, not precise sentences for each crime. One thing that is often taken into account in where in the range of potential sentences a particular offenders sentence should fall is how severe the harms done by the act were, compared to those that are inherent in the crime that they were convicted of. Also often considered is how bad the act was itself within the range of the acts that would violate the provision of law at issue. These are also often considered before sentencing, or even charging, from the prosecutor in deciding which things that might be violations of the law even deserve to be charged at all, and which, even when they come to light, aren't worth the expenditure of public resources involved in a prosecution.

      So, no, even if your friend were technically guilty of a lesser and harmless violation of the same law that Drew was found guilty of violating in three counts, it would not logically follow that she must deserve the same punishment as the maximum to which Drew might be sentenced.

    32. Re:let this be a warning... by LaskoVortex · · Score: 1

      These are also often considered before sentencing, or even charging, from the prosecutor

      Prosecutors are going to charge any and everything they think can possibly apply in the hopes that something will stick. Your naivete is charming.

      So, no, even if your friend were technically guilty of a lesser and harmless violation of the same law that Drew was found guilty of violating in three counts, it would not logically follow that she must deserve the same punishment as the maximum to which Drew might be sentenced.

      The friend should not be subject to this law and neither should Lori Drew. I know we don't live in the world of "should", but we are on /. right now, so we should be allowed some philosophical leeway.

      This law in her case is used to exact retribution for only tangentially related wrongdoing and thus is being abused. You may like the law right now because thinking of Lori Drew's serving a lengthy prison sentence gives you a warm fuzzy--or maybe you are just looking for an excuse to spout your legal knowledge. But this verdict doesn't give me a warm fuzzy because I don't know the woman, I'll probably forget she ever existed in a week or two, and the precedent gives me a troubled feeling.

      I could spend a lot of time arguing with you, but my position is this: everybody is doing high-fives right now because Lori Drew got her comeuppance and they hate her. But she got convicted on charges that should never exist. She caused harm and if no law exists that directly forbids that harm, then perhaps a law should be made. Something like "intent to cause harm to a minor through psychological torment".

      But abusing laws that create victimless crimes as a proxy for properly using laws that should actually exist is the essence of injustice.

      --
      Just callin' it like I see it.
    33. Re:let this be a warning... by TapeCutter · · Score: 2, Interesting

      Excellent point, after playing a key role in WW2 Alan Turing was hounded by the authorities for his homosexuality, was bullied into chemical castration, and eventually commited suicide.

      Few people (even in the computer industry) know about the debt we all owe him.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    34. Re:let this be a warning... by Chris+Kamel · · Score: 2, Interesting

      If you allow a random person on myspace to play your personal physician and shoot yourself I'd call it Darwin at work.

      --
      The following statement is true
      The preceding statement is false
    35. Re:let this be a warning... by Raenex · · Score: 1

      Under what law, and why wasn't this law used against Lori Drew?

    36. Re:let this be a warning... by mabhatter654 · · Score: 1

      If a parent did that to another kid in real space it would be contributing to deliquency, or child abuse, but done via only text messages and never face to face it would be hard to prosecute. They prove emotional abuse all the time in stalker cases or divorce cases..like that call put on the radio a few months back from Alex Baldwin to his daughter...I'd like to see how that went over in court (restraining orders, loss of visitation, etc) but the mother never actually met the kid she was harassing and didn't harass her in "real" space so getting an actual case would be really hard and make even bigger leaps on freedom of speech grounds.

    37. Re:let this be a warning... by mabhatter654 · · Score: 1

      It would be child abuse if an adult did this repeatedly to a minor in real space. Open and shut. If you were a teacher, babysitter, parent, neighbor and continually harassed a child this way they'd put this on the books and probably take YOUR kids away as well.

      But it didn't happen in "real" space, it was just "online" and so you'd never get a court to agree that "anonymous" freedom of speech could be proven to cause harm.

    38. Re:let this be a warning... by mabhatter654 · · Score: 1

      if she said the things she said in the real world it would be child abuse.. that can range from hitting and punching to emotional harm. They punish parents for it every day. It's just that there was no "real" space verbal threats or setups, the kids did all that, not the mother. So it's "freedom of speech" based that the states hands are tied, it's too hard to prove in court that the mother really knew she was harming a teenage girl and not just online "play".

    39. Re:let this be a warning... by Leafheart · · Score: 1

      I can understand, and am not saying your situation wasn't serious. What I'm curious 'bout is why someone would use a social networking site MADE to find people rather than a private/generic email address... wouldn't that be safer?

      Make friends, or at least have some degree of social interaction in the safest possible way you can (given the circumstances)

      --
      --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
  3. Say what? by Taibhsear · · Score: 4, Insightful

    a troubling precedent for anyone who has ever registered with a website under a pseudonym.

    This has nothing to do with registering under a pseudonym. This has to do with psychological stalking and trauma. Please pull your head out of your ass. I'm sure it's hard to breathe up there.

    1. Re:Say what? by 91degrees · · Score: 5, Insightful

      No. It was about the charge as written.

      If she was guilty of psychological stalking (which she was) she should have been charged with stalking. This is a clear misapplication of the law.

    2. Re:Say what? by thermian · · Score: 4, Insightful

      a troubling precedent for anyone who has ever registered with a website under a pseudonym.

      This has nothing to do with registering under a pseudonym. This has to do with psychological stalking and trauma. Please pull your head out of your ass. I'm sure it's hard to breathe up there.

      The take home is, victimizing someone is bad. That it happened via the internet means they've had to fudge things up a bit, but I don't think this means flaming someone on a website means the cops will come-a-calling.

      In this instance the woman was clearly a nasty piece of work, so I'm glad they found a way to punish her. I would not expect someone posting nastiness here would get into trouble with anyone except the mods.

      I think some people make the mistake of assuming that things done on the internet which would result in fines or punishment in the real world are somehow 'freedoms that need defending' on the web. I'm not one of those people.

      I don't mind argument, rudeness, flaming, or anything like that, I mean, that I just accept as background noise, but this incident went way beyond anything like of that nature.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    3. Re:Say what? by jcr · · Score: 2, Insightful

      The issue here is that she was probably charged under the wrong statute. I think any jury could have justly convicted her as an accessory to murder, at least. If you lie to someone and convince them to off themselves by doing so, there's got to be an existing charge that doesn't depend on whether a computer was involved in the process.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:Say what? by butterflysrage · · Score: 1

      alas, head up the pooper is the standard posture of most IT/IP/MPAA/RIAA lawyers....

      --
      the preceding post was not spell checked... suck it.
    5. Re:Say what? by rhyder128k · · Score: 1

      It would be interesting to see what would have happened if it was a adult male going after a young girl in the same way.

      That said, I understand what people are saying about it setting a dangerous precedent. The ability to send someone to jail because they were causing you distress on a forum is obviously open to abuse.

      --
      Michael Reed, freelance tech writer.
    6. Re:Say what? by Yahma · · Score: 2, Insightful

      The take home is, victimizing someone is bad. That it happened via the internet means they've had to fudge things up a bit, but I don't think this means flaming someone on a website means the cops will come-a-calling.

      In this instance the woman was clearly a nasty piece of work, so I'm glad they found a way to punish her. I would not expect someone posting nastiness here would get into trouble with anyone except the mods.

      I think some people make the mistake of assuming that things done on the internet which would result in fines or punishment in the real world are somehow 'freedoms that need defending' on the web. I'm not one of those people.

      I don't mind argument, rudeness, flaming, or anything like that, I mean, that I just accept as background noise, but this incident went way beyond anything like of that nature.

      That means if anyone registers on MySpace or Slashdot, for that matter, with false information and flames you. And if you later commit suicide, that person who flamed you could be charged with a crime. The precedent is set, these cases will be much easier to prosecute in the future.

    7. Re:Say what? by cayenne8 · · Score: 1
      "This has nothing to do with registering under a pseudonym. This has to do with psychological stalking and trauma. Please pull your head out of your ass. I'm sure it's hard to breathe up there."

      Funny....when I read what she was convicted of, none of those laws says a thing about psychological stalking and trauma.

      So far...those things are not against the law. If you want them to be...pass those laws. Those will be tough to pass tho....without being overly broad, or they will be misused to convict anyone of calling someone a name. But, back to the point...she was not convicted of anything you mentioned, they tried to stretch laws on things unrelated to the psychological stress she did to punish her for being a jerk.

      That does set a bad precedent.

      The unstable girl killed herself. Do you want laws out there that say if I call you an asshole or some other name (just example, not that I'm calling you one) and you off yourself...I should go to jail because you can't take an insult? Any laws passed like what you seem to want could be interpreted that way.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    8. Re:Say what? by Cajun+Hell · · Score: 1

      This has nothing to do with registering under a pseudonym. This has to do with psychological stalking and trauma. Please pull your head out of your ass. I'm sure it's hard to breathe up there.

      No, the stalking/trauma is why people wanted to "do something" about Lori Drew. But look at what she was actually charged with and at the bullshit conviction that is now on the books.

      If she had used her real name, she would not have been in violation of the laws she was charged with violating, no matter how much she had stalked or harassed the suiciteen. Do you get it? This jury's decision is all about the pseudonym and MySpace terms, and the consequences to the crazy suiciteen are irrelvant.

      The actual harm is irrelevant. From this law's point of view, the only victim was MySpace, due to Lori Drew horrifically misleading them into thinking they were serving pages to a teen boy. FRAUD!!

      Of course, if it weren't for the stalking thing, she also won't be charged with anything, because no one would care, just like I won't be charged with anything if I call you a $CURSE_WORD and you get upset. (Unless you kill yourself, in which case CmdrTaco is getting a "who is Cajun Hell" subpoena.

      --
      "Believe me!" -- Donald Trump
    9. Re:Say what? by cayenne8 · · Score: 1
      "I think any jury could have justly convicted her as an accessory to murder, at least. If you lie to someone and convince them to off themselves by doing so, there's got to be an existing charge that doesn't depend on whether a computer was involved in the process."

      Actually, you hit upon the crux of the problem here. They TRIED to find laws existing to convict her of, but, there were NONE on the books. No laws about cyberbullying. You can't believe they'd try to stretch a law to fit her 'crime' if they had directly applicable laws on the books do you?

      I don't like what she did....but, I hope this gets thrown out on appeal.

      This is much like a case years back, with a guy that was either a landlord or neighbor, that put cameras in peoples homes to film them undressing/having sex...etc.

      Turns out after he was caught...there were NO laws on the books covering what he did...and they had to let him go.

      They later passed laws covering this. This is the same type thing...and she should have been let go.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    10. Re:Say what? by _Sprocket_ · · Score: 2, Interesting

      This has nothing to do with registering under a pseudonym. This has to do with psychological stalking and trauma. Please pull your head out of your ass. I'm sure it's hard to breathe up there.

      This is sort of an interesting part of the case. I had first thought you were completely wrong on this point. But it turns out, I misled myself.

      My initial reaction is that this isn't a murder case. In fact, there was even contention whether the girl's suicide should even be mentioned in the case. The judge eventually allowed it despite the Defense's protests. Defense attorney H. Dean Steward even called the girl's mother's testimony about the girl and her suicide "totally improper in a computer fraud case."

      But having said that - stalking was very much part of the case. The Prosecution was going after Drew for violating MySpace's TOS prohibiting users from using fraudulent registration information, using accounts to obtain personal information about juvenile members and using MySpace to "harass, abuse or harm other members".

      So in the end, the actual case isn't really about pseudonyms. It is, in fact, about harrassment and following a site's TOS. Although I can certainly understand someone using a pseudonym might be concerned that this case might be abused by another lawyer in another case.

    11. Re:Say what? by Tanktalus · · Score: 1, Insightful

      Not entirely. Yes, the charges were stretched. But the jury apparently agreed enough that Lori was doing something that either is criminal, or should be criminal to give her a conviction. In the same way that a jury has the right to discard a bad law (even if the judge won't tell them they do), they should have the right to mete out a good law.

      Psychological abuse resulting in death is what Lori got convicted for, regardless of what the D.A. could get past a judge.

    12. Re:Say what? by Jamie's+Nightmare · · Score: 1

      Again, JRC, you are presenting a concept that was not part of this case. Lori never instructed or suggested the girl to commit suicide. You want so badly for this woman to be punished that you are not only willing to stretch and abuse the law, but your also willing to change the facts of the case. Not good.

      --
      "When you see a unixer brainwashed beyond saving, kick him out of the door." - Xah Lee
    13. Re:Say what? by thermian · · Score: 1

      That means if anyone registers on MySpace or Slashdot, for that matter, with false information and flames you. And if you later commit suicide, that person who flamed you could be charged with a crime. The precedent is set, these cases will be much easier to prosecute in the future.

      No, this was a case in which the defendant and victim were in close proximity in the real world as well. It isn't a case of random badmouthing on the internet.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    14. Re:Say what? by Beryllium+Sphere(tm) · · Score: 2, Insightful

      According to the outcome of this case, violating a web site's terms of service is a crime, not just a contract issue.

      The MySpace Terms of Service prohibit harassing other users. They also require accurate contact information.

      If a website operator can put you in jail for TOS violations as opposed to just closing your account, then as long as they can get a prosecutor to play along, they can put you in jail for signing up with bogus information.

      >This has to do with psychological stalking and trauma. Please pull your head out of your ass. I'm sure it's hard to breathe up there.

      "The Los Angeles federal court jury on Wednesday rejected felony charges of accessing a computer without authorization to inflict emotional distress on young Megan Meier."

    15. Re:Say what? by cayenne8 · · Score: 1
      "...they should have the right to mete out a good law."

      Well, that is pretty much analogous to lynching. So, you promote crowds stringing someone up...even when no law was broken (although it was bad)?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    16. Re:Say what? by base3 · · Score: 1

      It has *everything* to do with it. They didn't have a law to prosecute her for what they wanted to, and used a law against something *nearly everybody does* as a catchall so they had something to charge her with. I hope the people championing this approach don't do something a prosecutor wishes were illegal but isn't. The defendant is a terrible human being and deserves to be punished, but not at the expense of making something everyone does a jailable offense.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    17. Re:Say what? by cleatsupkeep · · Score: 1

      Yeah!! What he said! Go kill yourself moron! Excuse me, there's someone at my do

    18. Re:Say what? by cayenne8 · · Score: 2, Insightful
      "No, this was a case in which the defendant and victim were in close proximity in the real world as well. It isn't a case of random badmouthing on the internet."

      Ahh...but, the law does not make distinction. Well, in this case, there is no law..but the stretching of one law that is not applicable really to punish a bad act that wasn't against any law on the books (believe me, they tried to find one). So, this precedent is bad in that it uses a law that was stretched...and nowhere does this precedent draw the distinction that you spoke of, and could therefore BE used against much more innocuous crimes. Remember, if something is on the books...it can, and as history shows WILL be abused.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    19. Re:Say what? by 91degrees · · Score: 3, Insightful

      In the same way that a jury has the right to discard a bad law (even if the judge won't tell them they do), they should have the right to mete out a good law.

      No. They really shouldn't. The law should be to protect the innocent. If a few of the guilty remain free that is an unfortunate cost of the system, but one we should accept.

    20. Re:Say what? by 91degrees · · Score: 1

      I think murder would be a tough sell. I don't think she intended to cause this girl to commit suicide. Manslaughter, perhaps. Harassment would fit.

    21. Re:Say what? by moderatorrater · · Score: 1

      The Prosecution was going after Drew for violating MySpace's TOS prohibiting users from using fraudulent registration information, using accounts to obtain personal information about juvenile members and using MySpace to "harass, abuse or harm other members".

      That's why I make sure that the websites I frequent don't prohibit any of that. If you can't have fun on the internet, what's the point? Am I right?

    22. Re:Say what? by Duhavid · · Score: 2, Informative

      "Lori never instructed or suggested the girl to commit suicide."

      Instructed? No. Suggested? What was the message? "The world would be a better place without you", or some such. Suggests something to me.

      --
      emt 377 emt 4
    23. Re:Say what? by mewshi_nya · · Score: 1

      I believe I read the line "The world would be better off without you" in some of the records... yeah, that's suggestion.

    24. Re:Say what? by kurzweilfreak · · Score: 1

      Sounds like an opinion to me. I don't think expressing opinions should be illegal, no matter how much someone doesn't like it.

      --

      kurzweil_freak

      5th Kyu Genbukan Ninpo/KJJR student

      Be the darkness that allows the light to shine.

    25. Re:Say what? by DragonWriter · · Score: 1

      No. It was about the charge as written.

      If she was guilty of psychological stalking (which she was) she should have been charged with stalking.

      The charges she was found guilty of were using a computer system without authorization by:

      1. violating the terms of service by providing false identification where the ToS required true identification,
      2. violating the terms of service by using the service soliciting personal information from a minor, which was expressly prohibited by the ToS.
      3. violating the terms of service by using the service to harassing another person, which was expressly prohibited by the ToS.

      Now, 2 & 3 refer to the acts which might be described as "psychological stalking" directly, and #1 refers to an act which was a ruse used to advance the "psychological stalking" effectuated through #2 and #3. So, AFAICT, what she was charged with, and found guilty of by a jury, is exactly what you are arguing she should have been charged with.

      This is a clear misapplication of the law.

      It seems to me that it can only be argued to be a misapplication of the law if her use of MySpace was, contrary to the prosecutors contention and the jury verdict, authorized. So, how do you make that case?

    26. Re:Say what? by Anonymous Coward · · Score: 0

      No laws about cyberbullying.

      There do not need to be laws about cyberbullying.

      There are laws about harassment. There are laws about bullying. There are laws about encouraging suicide. And if there aren't, then there should be.

      Harassment isn't different just because there is a computer involved in it somehow. Bullying isn't somehow different just because there is a computer involved in it somehow.

      If you stretch a law to cover a situation where it doesn't really apply because the perpetrator deserves it, then you encourage the government | police | prosecutors to stretch the law to cover other situations where it doesn't apply.

      If you stretch one law, then you encourage the stretching of other laws.

      Soon, very soon, the laws are stretched so out of shape that you, and everyone you know, are criminals.

    27. Re:Say what? by Duhavid · · Score: 1

      "I don't think expressing opinions should be illegal, no matter how much someone doesn't like it"

      Nor I, when it is you, straight up representing yourself as you expressing that opinion. I understand the desire not to set a precedent involving using a fictitious name, and I agree that it is a bad one, but there is more to the case than an opinion. There was a relationship ( of sorts ) built, then used against a child to inflict emotional harm, which lead to the death of a child.

      --
      emt 377 emt 4
    28. Re:Say what? by Anonymous Coward · · Score: 0

      No, this has to do with you firing a cheap shot based on emotional blackmail and aimed at silencing any intellectual discussion, the same way right-wing parrots like Bill O'reilly and Sean Hannity do.

      The problem is social hypochondria: there is over-emphasis on solving every perceivable sociological problem via law- and policymaking. Resulting in a multitude of undesirable side-effects, such as loss of civil rights and simple freedoms. The problem is this yet another toxic judicial precedent. It's not that the precedent can be abused: the verdict is an abuse in itself.

    29. Re:Say what? by lgw · · Score: 1

      That's pretty much what the jury system is for.

      The problem with lynch mobs is that they rarely wait to hear the whole story, and so can easily hang the guilty - just a bad idea all around. The lynching of a guilty person is still justice, however.

      The jury system is the last and most critical check on our justice system, and especially on the troubling, even dire, fact that laws are written by politians (at *best*, often they'e written by lobbyists). A jury is *supposed* to find justice, within or despite the law. A judge, however, not so much.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    30. Re:Say what? by alcmaeon · · Score: 1

      I think some people make the mistake of assuming that things done on the internet which would result in fines or punishment in the real world are somehow 'freedoms that need defending' on the web. I'm not one of those people.

      OK, help me out. Can you think of any situations where a 16 year old boy would be fined or punished for dumping a 13 year old girl, even if he said she would be better off dead? I'm drawing a blank.

      I'm obviously postulating a real 16 year old boy rather than a 40 year old woman since a real 40 year old woman would have a hard time convincing all but the stupidest 13 year old girl that she is actually a 16 year old boy.

    31. Re:Say what? by Tanktalus · · Score: 1

      It's really the opposite of lynching. After all, the fact that Lori got justice, despite the law, is almost assuredly going to prevent any mob from forming to lynch her (or do anything else to her detriment).

      Imagine, for a second, that the jury in the Rodney King trial had actually convicted the police officers of something. Do you think that the riots would have occurred? I quite doubt it. That would have saved 53 lives, according to Wikipedia, if the riots had been averted. Sometimes justice has to happen despite the law, just so the people can keep their ill-placed faith in the system as a whole to be self-correcting.

    32. Re:Say what? by Anonymous Coward · · Score: 0

      No, your pretty much wrong. This is a precedent that will be twisted and manipulated until we are all criminals. Furthermore this will put the idea in the heads of those with the will to commit suicide that they can do so to hurt their tormentors. THAT is a bad precedent.

    33. Re:Say what? by Anonymous Coward · · Score: 0

      Looks like i might be loosing Chuck Norris and Godzilla from my Top 8 freinds.

    34. Re:Say what? by 91degrees · · Score: 1

      Interesting points. I'm concerned about the precedent this sets though.

      Can I be charged with using a computer system without authorization for downloading copyrighted materials How about exceeding a bandwidth limit? Some ISPs have terms restricting criticism of the company. Should people be charged with misdemeanors for complaining about their own ISP on a public forum?

      What if she had used a service that didn't have these clauses and simply stated a catch-all that users may not use the service for illegal acts? Would you be satisifed that she was innocent?

      It seems to me that it can only be argued to be a misapplication of the law if her use of MySpace was, contrary to the prosecutors contention and the jury verdict, authorized. So, how do you make that case?

      The jury were told of the end result of the violation. They wanted to punish her for something. The judge should have instructed correctly them as to exactly what they were determining, and, ideally, the ultimate result of the violation should not have been revealed. The law should apply whether the girl killed herself or not so that's not valid evidence.

      As for the prosecutor - he has no need to be balanced.

    35. Re:Say what? by ArsenneLupin · · Score: 2, Insightful

      I think some people make the mistake of assuming that things done on the internet which would result in fines or punishment in the real world are somehow 'freedoms that need defending' on the web. I'm not one of those people.

      Well, in this case, the only way they could nail her was because she used the internet. If she had harassed the girl in a way that didn't involve a computer, they wouldn't have been able to use the "unauthorized access to a computer" angle at all. So really, this went exactly the other way round than you think it went: not more "freedom" on the internet, but less.

      And it's not about "freedoms that need defending", but rather about due process or "state of law" (Rechsstaat). In a democracy, you condemn people when they violated an actual law. If one kind of despicable behavior is not covered by a law, you have to let the perp walk (... and then change the damn law, so that you can at least get the next asshole who tries the same!). If you start bending justice for the "good cause", you'll have created a very bad precedent, that basically anybody can be jailed for anything, even if his/her actions are far less despicable than the initial incident.

    36. Re:Say what? by Anonymous Coward · · Score: 0

      Look man, get it through your skull. WhateverSpace doesn't allow access to its systems if you give false information about who you are.

      This woman is guilty of unauthorized access. And I don't know how the punishment is going to be determined, buy maybe it's going to be based on damages.

      Oh, some of that is going to be the suicide of that young girl. But most of the damages is done to whateverspace because fake profiles, harrasment and teens killing themselves over it. This has a chilling effect on social networking on these kinds of sites and is bad for their business.

      I hope whateverspace milks that angle in court for all that it is worth.

    37. Re:Say what? by Anonymous Coward · · Score: 0

      This has to do with psychological stalking and trauma.

      Not only did you not RTFA, you didn't even read the Slashdot capsule summary. Lori (admittedly a white-trash scumbag) was not convicted of anything like what you say. She was convicted of "accessing a computer without authorization".

    38. Re:Say what? by DragonWriter · · Score: 1

      Can I be charged with using a computer system without authorization for downloading copyrighted materials How about exceeding a bandwidth limit?

      If to TOS specifically prohibit that, possibly, even without this verdict. Though under this law, the violation has to be knowing, so unless there is clear evidence that you knew the material was under copyright or that you were exceeding the bandwidth limit, it would be pretty hard. (Drew clearly knew she was using a false name, knew she was soliciting personal information from a minor, and knew she was harassing another person.)

  4. It's far more troubling... by Dog-Cow · · Score: 1, Redundant

    It's far more troubling that she is getting away with murder. But then the so-called Justice system is not and has never really been interested in justice.

    1. Re:It's far more troubling... by Free+the+Cowards · · Score: 4, Insightful

      Sorry, but it's not "murder". It was a terrible thing that she did and she should be punished for it, but it was not actually murder.

      In any case, we live under the rule of law. And one consequence of that is that sometimes people do terrible things that are not covered by the law. In that case, these people should go free. It's terrible, but it's vastly superior to the anarchy that results when there is no rule of law.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    2. Re:It's far more troubling... by Dog-Cow · · Score: 5, Insightful

      All that means is that the law is wrong. Goading someone into killing themselves is murder.

      I have no idea why you brought up anarchy. I am advocating that we change our Justice system to actually mete out justice. That doesn't sound like anarchy to me.

      It is not justice to allow a murderer to go free. Technicalities are not justice.

      In your world, pushing someone off a cliff is OK because you didn't kill them. After all, is it your fault they hit the ground?

    3. Re:It's far more troubling... by homer_s · · Score: 4, Insightful

      It was a terrible thing that she did and she should be punished for it,

      Would you argue that she should be punished even if the young girl had just shrugged it off and got on with her life?

      The punishment should be based on an act, not on somebody's reaction to that act. Either an action 'ABC' is a crime or it is not - that should not depend on someone's reaction to 'ABC'.

    4. Re:It's far more troubling... by Free+the+Cowards · · Score: 2, Insightful

      I brought up anarchy because it's what punishing this person implies.

      It may or may not be reasonable to cover the law such that this offense can be punishable the next time it happens. That's really a separate debate, but I'm not arguing against it here.

      What's unreasonable is deciding that this person must be punished even though her action was not against the law. By all means, advocate that the law should be changed. But if you believe in the rule of law at all, this person should be set free!

      As for the definition of "murder", you can quibble over the English definition but clearly what she did is not covered by the legal definition, otherwise the prosecutors would have charged her with it.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    5. Re:It's far more troubling... by CannonballHead · · Score: 2, Insightful

      Really? So if I accidentally shoot someone while hunting, and that person gets hit in the arm and has to have surgery, I should get charged as heavily as if that person got hit in the head and died?

      As far as this case goes... it's not murder, certainly. I don't think she should be (and isn't) held accountable for the death of the person. However, if she actually was messing with the girl's mind and thus had power over her and told her to kill herself, basically, and she does it... she actually DOES deserve harsher consequences than if the result was otherwise.

      Think of a cult leader that has a mental sway over someone as opposed to a wacko that has no charisma at all. If a wacko is going around saying the world would be better without this person or that person, that's one thing; if it's a cult leader (or a parent, a spouse, etc) that has some mental/psychological leverage, it's a lot different.

      Not to say that I believe in some weird mental phenomena and psychic powers... but intent has something to do with it, too. I could jokingly tell someone they should kill themselves, and I could seriously try to get them to do it with just words. There IS a big difference. Which is why people like Kevorkian should not be allowed to do the sick things they want to do, and why doctors should not be allowed to encourage suicide (or, IMO, help it.. unfortunately, Washington (state) thinks otherwise).

    6. Re:It's far more troubling... by Free+the+Cowards · · Score: 5, Insightful

      That's an interesting interpretation of the law or morality but I don't think you'll find that it matches the real world even a little bit.

      Forget to feed your baby and he cries a lot and shrugs it off: no consequences.

      Forget to feed your baby and he dies: you go to prison for a very long time.

      Go 25MPH over the speed limit and get caught by a cop: expensive speeding ticket.

      Go 25MPH over the speed limit and kill a van full of girl scouts: you go to prison for a very long time.

      Plan to kill somebody and screw it up: go to prison for a little while.

      Plan to kill somebody and succeed: get the chair.

      Need I go on? Outcomes matter.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    7. Re:It's far more troubling... by plague3106 · · Score: 2, Insightful

      All that means is that the law is wrong. Goading someone into killing themselves is murder.

      No, it's not. Said person always had a choice to live; a murder victum does not get that choice. You're trivializing murder.

      I have no idea why you brought up anarchy. I am advocating that we change our Justice system to actually mete out justice. That doesn't sound like anarchy to me.

      Twisting laws to "get the bad guy" is anarchy. The laws are supposed to be specific. If we allow your line of thinking, any law can be twisted to convict anyone of anything. It's also inconsitent, since the same situation might come up and not be tried at all, or be tried by twisting around another law. That sounds pretty choatic to me.

      It is not justice to allow a murderer to go free. Technicalities are not justice.

      See.. your arguing based on your emotion, not law. You're redefining murder to suit your own ends, and then calling THAT justice.

      In your world, pushing someone off a cliff is OK because you didn't kill them. After all, is it your fault they hit the ground?

      Yes, because you caused them to fall by pushing them. Name calling is not at all like pushing someone off a cliff. Get a grip.

    8. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      The punishment should be based on an act, not on somebody's reaction to that act. Either an action 'ABC' is a crime or it is not - that should not depend on someone's reaction to 'ABC'.

      I agree. That's why I never jokingly yell 'fire' in an empty theater. I could go to jail for life.

    9. Re:It's far more troubling... by RattFink · · Score: 1

      The punishment should be based on an act, not on somebody's reaction to that act. Either an action 'ABC' is a crime or it is not - that should not depend on someone's reaction to 'ABC'.

      The law typically takes both into account. To create a crime you typically have to have a Guilty mind (mens rea) and with that do a Guilty act (actus reus).

      You callously shooting a gun up in the air resulting in someone's death is treated a lot different then intentionally shooting someone.

      --
      "I don't necessarily agree with everything I say." - Marshall McLuhan
    10. Re:It's far more troubling... by greg_barton · · Score: 1

      The punishment should be based on an act, not on somebody's reaction to that act.

      You mean if I react to you stabbing me by shrugging it off it should be the same punishment than if I react by dying?

      Last time I checked that ain't how it works...

    11. Re:It's far more troubling... by antibryce · · Score: 1

      if the girl had shrugged it off none of us would have ever heard about Lori Drew's actions in this case.

    12. Re:It's far more troubling... by computational+super · · Score: 1
      So if I accidentally shoot someone while hunting, and that person gets hit in the arm and has to have surgery, I should get charged as heavily as if that person got hit in the head and died?

      Um, yes... if it was an accident, anyway. If it was really an accident, you shouldn't be charged with anything (at least not in my view of the universe). If it was intentional, and you were aiming for his head but you hit his arm by mistake, then still yes.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    13. Re:It's far more troubling... by Thalaric · · Score: 2, Insightful

      Creating laws to charge people with after the fact is a fast track to tyranny. There is no rule of law per se only the state's will to prosecute, since everyone has necessarily broken laws that are not yet written. Please review history.

    14. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      You do realize that she KNEW the girl was treated for depression, and was suicidal?

      If you give a child a chocolate bar with peanuts in it even though you KNOW they are allergic should you be punished?

      Even though the act of giving a chocolate bar away isn't wrong doing so knowing you are placing that child in harms way is. It wasn't her bad luck that the child was suicidal, she knew the girl was.

    15. Re:It's far more troubling... by $criptah · · Score: 2, Insightful

      Sorry dude, murder it is not. She was not charged with a murder or a homocide. She was not charged with anything but a breach of the terms of service. That is it. The charge was and is fair. If you want to prosecute somebody for murder you need to find an appropriate indictment. In fact, one could argue that this woman is not going to get a fair trial due to the extreme publicity of this case and thus these charges could be tossed out on an appeal. All a good laywer has to do is to find a hole in defense that shows how being accused of murder affected the outcome of the trial. I hope that this happens becuase we cannot mis-apply the law no matter what.

      It sucks that our law does not cover every particular situation but that's the way things work. That's why we cannot legally detain people for longer than X hours without pressing the charges or deport individuals who have no home state if the gov't strips them off their citizenship/legal residence. That's why we have statutes of limitations on everything but the most grusome crimes. That's why we select a group of piers who will debate on a case and produce a verdict. Emotion has never been or should be any part of the criminal procedure by design and it is our duty to make rational decisions based only on the facts that pretain to the case. If we don't do that we break the same justice system we want to "fix."

      On the plus side this woman can still face civil charges. Also, the facts that were not admissable in the criminal court can be used in civil trials and various hearings which could impact further fines.

    16. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      She could probably be sued for wrongful death, since it can apply to suicide cases.

    17. Re:It's far more troubling... by Cornflake917 · · Score: 2, Insightful

      Either an action 'ABC' is a crime or it is not - that should not depend on someone's reaction to 'ABC'.

      Okay, I guess I can try to murder my friend who is allergic to peanuts by putting peanuts in his food, and get away with it. Hey, feeding peanuts to someone isn't a crime!! So even though I knew he was allergic to peanuts and he could possibly die, I shouldn't receive any punishment, right?

      The crime in this case should be that Lori Drew tormented a girl who had depression and risked the girl's life by psychologically hurting her. Since there was no "Making a Myspace persona to incite an individual's suicide" crime, the prosecution found another crime that was already in the books (but generally never enforced, and probably won't be enforced in the future except for extreme cases like this) that she did commit and used those as reason to punish her. This obviously isn't the most efficient way to serve justice, but I do think justice was served in this particular case.

    18. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      Sorry, but it's not "murder".

      See Reckless Disregard.

    19. Re:It's far more troubling... by jemtallon · · Score: 1

      Pushing someone off a cliff is very different than harassing them until they choose to kill themselves. The keyword here is choice. In the one scenario, you forcefully remove their choice to live while in the other you convince them to choose death over life. I didn't think it was that subtle of a point but apparently you missed it. But hey, nothing to kill yourself over.

    20. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      "Sticks and stones may break my bones but words can never hurt me."

      Anyone who kills themself over words is an idiot.

    21. Re:It's far more troubling... by Nefarious+Wheel · · Score: 1

      Creating laws to charge people with after the fact is a fast track to tyranny

      True, and a principle well known to the US Founding Fathers. Article 1, section 9 US Constitution. Granted this applies to what is often referred to as "limits on the Congress" but it's a pretty firm precept in US law.

      --
      Do not mock my vision of impractical footwear
    22. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      All of your counter-examples have victims with no apparent power whatsoever to avoid the very clear harm inflicted. Try again. (I do recognize that the full extent of Lori Drew's part in encouraging the suicide may well have passed a 'direct harm' threshold, though, depending on the specifics.)

    23. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      It is not just to convict or trying to convict someone under a law that has been passed after that person comitted the crime. If there is no law penalizing what the person did, she has to go free. But you can change the law for the next case, of course.

    24. Re:It's far more troubling... by kc8apf · · Score: 1

      That's an interesting interpretation of the law or morality but I don't think you'll find that it matches the real world even a little bit.

      Forget to feed your baby and he cries a lot and shrugs it off: no consequences.

      Forget to feed your baby and he dies: you go to prison for a very long time.

      Go 25MPH over the speed limit and get caught by a cop: expensive speeding ticket.

      Go 25MPH over the speed limit and kill a van full of girl scouts: you go to prison for a very long time.

      The differentiating factor there is one of enforcement. In all four cases, a law has been violated. If said baby were to cry a lot and cause the neighbors to complain, the police would investigate and still find you neglegent.

      Plan to kill somebody and screw it up: go to prison for a little while.

      Plan to kill somebody and succeed: get the chair.

      Here you've outlined two separate infractions. In the first case, conspiracy to commit murder and attempted murder apply. In the second, conspiracy and murder both apply. The actual act committed changed, not the outcome.

      --
      kc8apf
    25. Re:It's far more troubling... by Kawolski · · Score: 1

      The woman didn't push the girl off a cliff. She told her that "the world would be better without her." I've had an angry psycho ex-girlfriend that spewed out plenty of hateful shit my way with telling me to die, go kill myself, go fuck myself, etc. If I had killed myself after that, I wonder if she can be charged with murder. Well, perhaps in your world.

      They're just words. Get over it. I've had to deal with bullies when I was 13 too. The woman didn't give the girl a noose or kick the chair she was standing on. The woman's still a bitch, but we shouldn't make a mockery of our justice system because we want to punish a cyber-bully.

    26. Re:It's far more troubling... by Emperor+Zombie · · Score: 1

      What if something I said inadvertently provoked someone into committing suicide? Am I still responsible for their death? Should I be charged with manslaughter?

      Goading someone into ending their own life is criminal behaviour, I agree. However, it is most certainly not murder, no more than copyright infringement is theft. Lumping crimes together under some broad umbrella definition makes the law difficult both to interpret and to apply.

      --
      I'm so excited I just made water in my pantaloons!
    27. Re:It's far more troubling... by Free+the+Cowards · · Score: 1

      This situation looks to be almost the precise opposite of what was done by the woman in question. Reckless disregard is when you do something with no intention of causing harm, but the action was so risky and irresponsible that you end up killing someone by accident. Ms. Drew had every intention of causing harm (although probably not death) through actions that, on their own, were relatively innocuous.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    28. Re:It's far more troubling... by Free+the+Cowards · · Score: 1

      How about this: you drive 25MPH over the limit and hit a pedestrian, who had plenty of time to get out of the way but didn't because he froze due to fear.

      You go to jail for a long time.

      Better?

      --
      If you mod me Overrated, you are admitting that you have no penis.
    29. Re:It's far more troubling... by Free+the+Cowards · · Score: 1

      But the act committed depends on the outcome!

      If I shoot somebody in the leg and they survive, that is attempted murder.

      If I shoot somebody in the leg in exactly the same way in every respect and that person dies because he's a hemophiliac or he has cancer or he's on special medication or any number of other reason, that's actual murder and I might get the chair.

      Or take the famous case of Houdini. If I punch Houdini in the stomach because he says he can take any punch, and he wasn't ready and this kills him, that's murder. On the other hand, if he saw me coming and tensed up first, it's not. Same action, different outcome, different crime.

      Point being, the law cares about both actions and outcomes, not actions alone.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    30. Re:It's far more troubling... by RyoShin · · Score: 1

      But society has never worked that way. Outcomes often dictate the punishment as much as the cause.

      Example 1: If one person robs a bank, and another a convenience store, then all other things being equal the one robbing the bank will likely get a harsher punishment.

      Example 2: (Warning: Car Analogy) Consider drunk driving. Someone gets pulled over for drunk driving, they pay a fine, lose their license for a bit (in some states) and spend a night or two in the county jail. Someone plows into another car by swerving across the road, maiming or killing the other driver, and now they're looking at a much larger conviction.

      By your account, the guy should just be charged for drunk driving, nevermind that the drunk driving caused the death of another. That's vehicular manslaughter. I would argue that the mother should be charged with depraved indifference homicide (or criminally negligent homicide, though in this case it would probably fit better for "Misdemeanor manslaughter"); she maliciously caused events that led to the girl's suicide[1]. Okay, so she didn't know that the girl was depressed already, but that doesn't excuse her. Giving someone seafood when they have an allergy unbeknown to you is one thing, continually egging a teenager that she should kill herself is quite another.

      Had nothing come of the mother's actions, then, while I would like to see her charged with some sort of harassment, it likely would have resulted in nothing, and no one would have really got worked up over that outcome.

      [1] If you really want to play games, her actions could be seen as assisting suicide, which is considered manslaughter in some states.

    31. Re:It's far more troubling... by vux984 · · Score: 1

      No, it's not. Said person always had a choice to live; a murder victum does not get that choice. You're trivializing murder

      A minor isn't automatically responsible for the choices they make, especially when they are under the strong influence of an adult.

      If a 3 year old puts a gun to Daddy's head and pulls the tigger because mommy said to, how is that not murder?

      If a 3 year old puts a gun to her own head and pulls the trigger because mommy said to, how is that not murder?

      A 13-15 year old is generally expected to have better judgement, and be responsible for MORE of what they do, but legally they really aren't different from 3 year olds. With a 3 year old we would probably all agree, that they aren't responsible for their choice... with a 13-15 year old, given the circumstances, deciding that she isn't responsible for her choice is entirely reasonable.

      And if we determine that she isn't legally responsible for her choice, then WHO is responsible for this choice that led to a death?

      If we can agree that mommy is responsible for getting her 3 year old girl to kill daddy or herself , and that mommy should be charged with murder in either case.

      Then assigning Lori Drew the responsibility for this poor kids choice to end her own life, is equivalmently murder.

       

    32. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      It might be better to say that the law cares about intent and the outcome.

      If you plan and intend to kill someone, take a gun and shoot them, but they live -- that's attempted murder. If they die, it's murder. If you're stupid, drop a gun and it discharges and kills someone, clearly you didn't intend to kill them. But they're dead, and you've either committed negligent homicide or manslaughter. And so on.

    33. Re:It's far more troubling... by MacTO · · Score: 1

      > The punishment should be based on an act, not on somebody's reaction to that act. Either an action 'ABC' is a crime or it is not - that should not depend on someone's reaction to 'ABC'.

      I would argue otherwise. Think of it this way: an adult is bullying a minor. The adult has enough life experience to tell her that she is causing mental duress to another person. Even if she was not aware that her victim was suffering from depression, she should have been aware that socially isolating an individual can lead to depression, and that depression can lead to anything from substance abuse to death. On the other hand, you have a victim that does not have much life experience. That lack of life experience may mean that she isn't aware that *some* people are assholes and that *most* people are not assholes. Her social network is probably limited to school environments (which tend to be cliquish) and by a shorter life (so she probably had few, if any, longstanding friends). To her, hell may have been just another synonym for life.

      In other words, the context of the crime is extraordinarily important in order to determine a suitable punishment. While I do agree that murder is somewhat overstated, she was definitely an accessory in the death.

      As an added note: as someone who works with children and teens, I find such behavior from an adult around minors to be beyond despicable. After all, that parent was sanctioning bullying. Bullying and other forms of social isolation is a big problem in most schools, and a huge problem in many schools. Many schools try to combat bullying, and I doubt that any parent would want to see their children as a victim of bullying. Yet here is an example of a parent who's behavior is counterproductive in combating the problem.

    34. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      In that case, these people should go free.

      They should go free? Are you fucking serious? Oh wait, see, you've completely separated the concept of Justice from Law. That's stupid and completely inhuman.

    35. Re:It's far more troubling... by DragonWriter · · Score: 1

      I brought up anarchy because it's what punishing this person implies.

      No, punishing this person under the existing law that she was found guilty of violating does not imply anarchy. It is quite consistent with the rule of law.

      Not prosecuting her for violating that law because, even though she did great harm by violating the law, the law which exist does not express what we are really angry at her for would be contrary to the concept of the rule of law.

      What's unreasonable is deciding that this person must be punished even though her action was not against the law.

      Except that her action was against the law, which is why she was found guilty beyond a reasonable doubt of violating the law.

      By all means, advocate that the law should be changed. But if you believe in the rule of law at all, this person should be set free!

      Why? She accessed a computer system, deliberately and knowingly in violation of the conditional authorization she had to access that system, and in doing so violated the law. Now, I might be swayed by the argument that despite the clear violation of the law, prosecutorial discretion ought to be granted and she ought not to be prosecuted if the violation was harmless, and there were reason to believe that she was not at risk of reviolating in a way that was harmful. But this violation was not harmless.

      As for the definition of "murder", you can quibble over the English definition but clearly what she did is not covered by the legal definition, otherwise the prosecutors would have charged her with it.

      Prosecutors might not charge someone who they believe is guilty of a crime because they think that a particular element of the offense, while it occurred, might be difficult to prove. Al Capone was not charged only with tax evasion because that's all prosecutors thought he was guilty of.

    36. Re:It's far more troubling... by Anonymous Coward · · Score: 0


      The punishment should be based on an act, not on somebody's reaction to that act.

      What a load of bovine manure. And this got modded up?!?!

      No: act alone is insufficient to determine what should be done. Context, intent and result are all relevant. In this case, state of mind of the victim does matter a whole lot: and keep in mind that the perpetrator was aware (as in must have been) of the state. And in this context actions that otherwise would not have been harmful became such.

      And if you don't quite get above, don't worry: when you grow up and get a life, you will.

    37. Re:It's far more troubling... by Free+the+Cowards · · Score: 1

      The rule of law is far more important than individual justice. If letting a wrongdoer go free is necessary to preserve the rule of law, then yes, it should be done. It's not a nice situation to be in, but that is the best way out. The alternative is essentially mob rule, figuring out a way to punish anyone who's unpopular enough to get people to call for blood. That way lies madness.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    38. Re:It's far more troubling... by Free+the+Cowards · · Score: 1

      Apologies if things were unclear. The context of this discussion is "getting away with murder". The original poster way up there apparently thinks that the punishment she's receiving doesn't fit the crime. I would tend to agree. In that context, what's happening is that she's getting off very light and people are calling for much worse. When I talk about punishment, I mean the much worse, such as putting her in prison for decades, for life, or executing her.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    39. Re:It's far more troubling... by davidphogan74 · · Score: 1

      Goading into killing themselves... Hmmm... That would make more sense, if it wasn't for the half-hour fight the girl had with her mother before killing herself. According to her mother's statements, the girl was pissed off that mommy didn't take her side, and instead yelled at her for using the internet when she wasn't supposed to. It's a lot easier to blame a stranger than mommy, though.

    40. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      "Forget to feed your baby and he cries a lot and shrugs it off: Not a Crime."
      Fixed that for you ;)

      Forget to feed your baby and he dies: Crime

      Go 25MPH over the speed limit and get caught by a cop: Crime

      Go 25MPH over the speed limit and kill a van full of girl scouts: Crime

      Plan to kill somebody and screw it up: Crime

      Plan to kill somebody and succeed: Crime

      Outcome only matters if a crime was committed. Once a crime was committed, then factors about the crime affect sentencing.

      The importance of this decision is that they just made it a crime if you sign up and use a website, don't follow an EULA, and continue to log onto that website.

      This sets a very bad/scary precedent. I'm sure this won't be abused. Especially since the charges it comes from were abused to get to this point.

      Just about every EULA out there states it can change at any time, with no notice, for any reason. That won't cause further problems at all.

      Anyways, someone stop those identity thieves in the back jumping for joy.

    41. Re:It's far more troubling... by tknd · · Score: 1

      It is not justice to allow a murderer to go free. Technicalities are not justice.

      It is also not justice to have one innocent person convicted of a crime he did not commit and sent to jail. The law is not perfect, I agree with that. But just because your definition of justice is not met does not mean that the society's view of "justice" is not working as intended.

    42. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      Insightful? None of your examples involve someone's voluntary reaction to the crime...

    43. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      Would you argue that she should be punished even if the young girl had just shrugged it off and got on with her life?

      Actually, I would. It just got press (and hence we heard about it) because the girl killed herself.

      I'm not the OMGTHINKOFTHECHILDRENZ!!! type, but I'd rather not have adults going out of there way trying to mindfuck my kids, thanks.

    44. Re:It's far more troubling... by rachit · · Score: 1

      Really? So if I accidentally shoot someone while hunting, and that person gets hit in the arm and has to have surgery, I should get charged as heavily as if that person got hit in the head and died?

      Dick Cheney, is that you?

    45. Re:It's far more troubling... by onecheapgeek · · Score: 1

      She never sent a single message. She goaded no one. Therefore, she murdered no one.

      The only murderer, by your definition, was given immunity because she was just 20, hitting on a 13 year old, then telling her the world would be better without her.

    46. Re:It's far more troubling... by fizzup · · Score: 2, Informative

      Whether punishment should be based on outcomes, or not, in fact it is. It's called the "thin-skill rule" or the "eggshell skull rule". The rule says that defendants take their victims as they find them.

      This means that if a defendant tortiously or criminally torments someone, traumatizing him so badly that he kills himself, then the defendant can be held liable for the victim's death. This rule applies even if the defendant could not foresee the unexpectedly dramatic results of his actions, such as might be the case if the victim was predisposed to suicide. It only applies if the act is a tort or a crime, though, like if the defendant were harassing the victim. The reason is simple: courts do not want to allow defendants to build their cases on the vulnerability of their victims.

    47. Re:It's far more troubling... by registrar · · Score: 1

      Exactly. In New South Wales, at least, "Negligent driving" and "Negligent driving occasioning death" are different charges. Not that different (the dangerous driving bit being the same) but the law explicitly incorporates the consequence of the action into the charge.

      I suppose it's a rough way of quantifying something that is pretty hard otherwise---the degree of negligence.

      Same for Lori Drew. You can maybe estimate the degree of malice from the victim she chose---you can tell that it was an especially irresponsible or malicious choice from the victim's response.

    48. Re:It's far more troubling... by plague3106 · · Score: 1

      A minor isn't automatically responsible for the choices they make, especially when they are under the strong influence of an adult.

      Do you know anything about this case? She didn't know another adult was involved. There goes your "strong influence of an adult." An sorry, I don't care. At some point you're old enough to make decisions about yourself. There's not a magic trick that happens when one turns 18 that makes them suddenly well thought out and responsible.

      If a 3 year old puts a gun to her own head and pulls the trigger because mommy said to, how is that not murder?

      No one is talking about a three year old in this case, so this point is totally irrelevant.

      A 13-15 year old is generally expected to have better judgement, and be responsible for MORE of what they do, but legally they really aren't different from 3 year olds. With a 3 year old we would probably all agree, that they aren't responsible for their choice... with a 13-15 year old, given the circumstances, deciding that she isn't responsible for her choice is entirely reasonable.

      Yes, well, the human body doesn't function according to law does it? I would argue that you become "self-aware" earlier than 13, as 10 year olds are expected to know they shouldn't be punching someone out of malice. The fact that the law fails to recognize how humans develop is a flaw in the law. 13 and 15 year olds are no where near as stupid as "adults" pretend they are. Remember, there was a time with 14 year olds were on their own starting families. Clearly, much of our opinion of what children can handle is societal, but does not represent reality.

      And if we determine that she isn't legally responsible for her choice, then WHO is responsible for this choice that led to a death?

      You assume the decision of who is legally responsible is correct. I argue it is not. She may lack experience, but she does know death is irreversible. As one who has been tormented and also pushed near that same brink, I understand what its like. I also chose not to follow through.

      If we can agree that mommy is responsible for getting her 3 year old girl to kill daddy or herself , and that mommy should be charged with murder in either case.

      Except that I'm sure you'd agree that a 13 year old, even when instructed by her mother to do so, would be responsible enough to know not to listen, and that if she did, she should be tried for murder as well.

      Then assigning Lori Drew the responsibility for this poor kids choice to end her own life, is equivalently murder.

      Let's not; she was old enough and responsible enough to make her own choices. You're still trivializing murder.

    49. Re:It's far more troubling... by Spittoon · · Score: 1

      One interesting aspect of this case, which somewhat decays the truth of your post (which I agree with otherwise) is that Drew didn't have very good visibility into the effect of her actions.

      I dunno whether the young girl ever posted something like "I'm going to kill myself if you don't stop harassing me", but the abstraction that the Internet inserts between our personal interactions would seem to be a somewhat mitigating circumstance.

      I was bullied when I was a kid, so part of me wants to see these people fry. But I grew up and (mostly) got over it, so my reaction is more considered, and it seems that with this trial and the verdict she's getting what's coming to her. I do regret that conviction required a plea bargain with one of the other culprits. Such is the compromise that is our justice system.

    50. Re:It's far more troubling... by Free+the+Cowards · · Score: 1

      That may reduce the severity but it doesn't eliminate it. For example, if you fire a gun blindly into the woods and nobody's around, not a problem. If you manage to have terrible luck and kill somebody with your blind shot, you go to jail for quite a while (unless they don't catch you!). The fact that you didn't know the guy was there is going to reduce your consequences, but the fact that your action was reckless and resulted in somebody's death makes it still a fairly severe crime, more than what Ms. Drew is getting punished with.

      Also, wasn't she a next-door neighbor? She should have had at least some idea of what was going on....

      --
      If you mod me Overrated, you are admitting that you have no penis.
    51. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      Forget to feed your baby and he cries a lot and shrugs it off: no consequences.

      Forget to feed your baby and he dies: you go to prison for a very long time.

      You missed the point. This is a question of degrees. Not feeding a baby for a while is also punishable even if the baby does not die.

      Go 25MPH over the speed limit and get caught by a cop: expensive speeding ticket.

      Go 25MPH over the speed limit and kill a van full of girl scouts: you go to prison for a very long time.

      Again, a question of degrees. If you are able to safely drive 25 mph over the speed limit, then you are just breaking the one speed law. If you hit something, then you have demonstrated that, not only were you speeding, but you were speeding and didn't have control of the vehicle.

      Plan to kill somebody and screw it up: go to prison for a little while.

      Plan to kill somebody and succeed: get the chair.

      In my state, you can get life in prison for attempted murder.

      I think what you really meant was that intentions, skill, and luck matter. If you intended to commit first degree murder, the judge is probably going to treat it mostly as if you had committed first degree murder. If, however, you shoot a gun in a legal fashion and someone jumps in front of you, you have done nothing wrong. It is not by the choices of others that you commit a crime. It is by your own intentions, skill, and fortune that you do so. Or so is the intent of the justice system.

    52. Re:It's far more troubling... by vux984 · · Score: 1

      She didn't know another adult was involved.

      What difference does that make? An adult WAS involved. The fact that she didn't know show was being manipulated by an adult doesn't change the fact that an adult drove her to make the decision she made.

      Yes, well, the human body doesn't function according to law does it?

      The question is whether convincing a minor to commit homicide/suicide is legally murder. The question is how the law functions not how the human body functions, and the law sees little distinction between a 3 year old and a 13 year old.

      Remember, there was a time with 14 year olds were on their own starting families. Clearly, much of our opinion of what children can handle is societal, but does not represent reality.

      The question before us here is how the law functions, specifically the law in effect today. If she was 15 and the law recognized 14 year olds as an adult, I would agree with you, that this isn't legally murder.

      You assume the decision of who is legally responsible is correct. I argue it is not. She may lack experience, but she does know death is irreversible.

      As one who has been tormented and also pushed near that same brink, I understand what its like. I also chose not to follow through.

      Your very own metaphor states you were 'pushed' near that same brink. Pushed by external forces no doubt. If they could "push" you to the brink, why exactly can't they "push" you over the brink? What magical line exists at the brink that only you can choose to cross it, but not be pushed across it?

      And that's -you- whose to say that if they pushed somone else the same amount, someone else, might go over the brink where you only got near it. People develop at different rates mentally and emotionally and not all people are as strong. This kid in particular was being treated for depression. And from what I've heard, Lori Drew KNEW this.

      Except that I'm sure you'd agree that a 13 year old, even when instructed by her mother to do so, would be responsible enough to know not to listen, and that if she did, she should be tried for murder as well.

      Your average 13 year old yeah, if Mom just asked, I'd agree they say no, that's wrong. But then look at how many 13-15 year olds endure sexual abuse at the hands of a parent and keep it bottled up. You seem to have no appreciation for what a child will do for a parent, or the amount of influence a parent exerts.

      And actually, if the average mother went out of her way to influence and wear down (over a period of months) her 13 year old into killing someone/herself, I wouldn't be surprised at all if they had a high success rate.

      Lori Drew didn't just casually throw out a 'kill yourself' instant message. She became this girl's (who was already being treated for depression) entire world, built this girl up, and then destroyed her over a period of time, the 'kill yourself' was just the coupe de grace. And it was perpetrated by an adult deliberately looking to hurt her (maybe not looking to kill her, but Lori had done all this deliberately to hurt her).

      Let's not; she was old enough and responsible enough to make her own choices.

      The average person her age might generally be. This kid, in this circumstance, was not.

    53. Re:It's far more troubling... by MacDork · · Score: 1

      All that means is that the law is wrong. Goading someone into killing themselves is murder.

      Or at the very least, manslaughter. It's definitely very, very wrong.

      I have no idea why you brought up anarchy. I am advocating that we change our Justice system to actually mete out justice. That doesn't sound like anarchy to me.

      In this case, the prosecution used tortured logic and applied an almost entirely unrelated law. Interpreting that law in this way makes millions of otherwise innocent people into criminals. That is not justice.

      Justice based on how the Jury feels is anarchy. It's the definition of mob rule. You either have very articulate laws that spell out when and where something is wrong/right, or you end up with total chaos.

      It is not justice to allow a murderer to go free. Technicalities are not justice.

      “That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a Maxim that has been long and generally approved.” — Benjamin Franklin [Cite]

      In your world, pushing someone off a cliff is OK because you didn't kill them. After all, is it your fault they hit the ground?

      Making ridiculous strawman arguments only makes you look like hyperventilating internet flamebait. The "new hotness" in internet scams is to impersonate your Facebook friends for fun and profit. It's insidiously clever social engineering and easily accomplished. This is a real issue that needs to be addressed by real legislation, not grandstanding DAs convicting someone in isolated cases on odd technicalities that will affect millions of otherwise innocent people.

    54. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      go kill yourself you piece of shit

    55. Re:It's far more troubling... by Prune · · Score: 1

      How can you kill a van? Watch yer grammar!

      --
      "Politicians and diapers must be changed often, and for the same reason."
    56. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      Okay, I guess I can try to murder my friend who is allergic to peanuts by putting peanuts in his food, and get away with it. Hey, feeding peanuts to someone isn't a crime!! So even though I knew he was allergic to peanuts and he could possibly die, I shouldn't receive any punishment, right?

      what a completely idiotic comparison. attempted murder is a crime, feeding peanuts to somebody with a known peanut allergy is (probably) attempted murder. likewise, shooting a gun isn't a crime in itself, shooting a gun at a person obviously is.

      you don't criminalize particular acts that cause harm, you criminalize the intent behind the harm that they cause. of course there isn't a crime of "Making a Myspace persona to incite an individual's suicide". that would be just as idiotic as making a specific crime for feeding peanuts to somebody with a peanut allergy.

      laws already fit crimes well in most cases, and the fact that Lori Drew wasn't charged with anything that really describes any law she broke may indicate that her actions should not be illegal. now, that's not something I am convinced of - it is one possible conclusion; other conclusions include that the prosecution were idiotic enough not to charge Lori Drew with the correct crime.

      in any case, 'bending' another law to fit this is not the correct course. "generally never enforced, and probably won't be enforced in the future" is both inaccurate and irrelevant.

      anyway, I'm late to this party.. left the tab open to come back to. ah well.

    57. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      How about this: you drive 25MPH over the limit and hit a pedestrian, who had plenty of time to get out of the way but didn't because he froze due to fear.

      You go to jail for a long time.

      If he had plenty of time to get out of the way, he wouldn't have been hit in the first place.

    58. Re:It's far more troubling... by plague3106 · · Score: 1

      What difference does that make? An adult WAS involved. The fact that she didn't know show was being manipulated by an adult doesn't change the fact that an adult drove her to make the decision she made.

      Well part of your point was that a "strong adult influence" drove her to commit suicide, and that an adult's influnce has more impact than another her own age.

      The question is whether convincing a minor to commit homicide/suicide is legally murder. The question is how the law functions not how the human body functions, and the law sees little distinction between a 3 year old and a 13 year old.

      First, that would be a flaw in the law that doesn't reconize the difference between a three year old and 13 year old. Second, you're largely wrong. Children as young as 10 have been tried as adults before. So the law seems to be reconizing that yes, certain minors DO have the capablity to reconize right from wrong.

      The question before us here is how the law functions, specifically the law in effect today. If she was 15 and the law recognized 14 year olds as an adult, I would agree with you, that this isn't legally murder.

      Yes, and the law is that she didn't commit murder, and the girl's death was ruled a suicide. You're the one that wants to twist the law around so that the woman IS found guilty of murder, not me.

      Your very own metaphor states you were 'pushed' near that same brink. Pushed by external forces no doubt. If they could "push" you to the brink, why exactly can't they "push" you over the brink? What magical line exists at the brink that only you can choose to cross it, but not be pushed across it?

      Because they weren't physically doing anything, and while they did make me pretty miserable, there was a limit to what they could do mentally. At the end of the day, it was MY choice not to let them win. It's pretty stupid to think that you can really control someone mentally like that. You can't. My real life experience is not a metaphor either. I have serious doubts about your ability to comphend law and why we shouldn't just arbitrary force a law which is not applicable when you can't handle simple English.

      And that's -you- whose to say that if they pushed somone else the same amount, someone else, might go over the brink where you only got near it. People develop at different rates mentally and emotionally and not all people are as strong. This kid in particular was being treated for depression. And from what I've heard, Lori Drew KNEW this.

      Yet none of that means she murdered the girl. Please, read the legal definition of murder and suicide. The woman, while mean to the teen, didn't physically do anything to cause her death. Yet you argue that we should be the law to "get her." That's not rule of law. There are larger things at play than making sure everyone guilty of a crime is punished. Sometimes it's better to let the guilty go than, for example, punish someone that is innocent, or give police and government too much power.

      Your average 13 year old yeah, if Mom just asked, I'd agree they say no, that's wrong. But then look at how many 13-15 year olds endure sexual abuse at the hands of a parent and keep it bottled up. You seem to have no appreciation for what a child will do for a parent, or the amount of influence a parent exerts.

      I doubt you're speaking for any kind of experience. My wife was a victim of sexual abuse by her parents. Her and her siblings have hate, not love, for their parents. If in the past they keep things bottled up, it's out of shame, not because of any loyality to thier parents.

      And actually, if the average mother went out of her way to influence and wear down (over a period of months) her 13 year old into killing someone/herself, I wouldn't be surprised at all if they had a high success rate.

      I would be; I don't think you really know what you're talking about her and haven't read up on the issue at all. I suggest you do.

      Lori Drew didn't ju

    59. Re:It's far more troubling... by vux984 · · Score: 1

      Well part of your point was that a "strong adult influence" drove her to commit suicide, and that an adult's influnce has more impact than another her own age.

      Not at all. This isn't about degree of influence. This is about responsibility. An adult is responsible for their influence over a minor. Someone else her own age would be a minor, and wouldn't be responsible.

      First, that would be a flaw in the law that doesn't reconize the difference between a three year old and 13 year old. Second, you're largely wrong. Children as young as 10 have been tried as adults before. So the law seems to be reconizing that yes, certain minors DO have the capablity to reconize right from wrong.

      Right. Adults are automatically tried as adults unless they're determined mentally unfit by psychologists and other experts. Children start out as 'mentally unfit' and you need a bunch of experts to agree that this specific child 'knew right from wrong' in this specific circumstance, before you can try them as an adult.

      So until this kid is deemed to be an 'adult' for the purposes of this case, she's not.

      I doubt you're speaking for any kind of experience. My wife was a victim of sexual abuse by her parents. Her and her siblings have hate, not love, for their parents. If in the past they keep things bottled up, it's out of shame, not because of any loyality to thier parents.

      I'm really sorry to hear that. However, I didn't say that victims 'loved' their parents, merely that their parents had tremendous influence over them that keeps them silent. You claimed for example, that 'shame' is the motivator. Why are they ashamed about? They were the victim, they did nothing wrong! If they went to the police the police would tell them exactly that. So where is this overpowering shame coming from? It comes from the adults in their life - especially their parents.

      So you're telling me that a 13 year old isn't smart enough to simply go to go myspace anymore?

      Some yes. Some no. I know adults that aren't smart enough to simply walk away.

      The girl's mental condition however doesn't change the crime committed, and it still doesn't make it murder.

      If the girl isn't responsible for her actions due to her metal state, and another person is deliberately and maliciously influencing her at that point, then that person can be held responsible for what happens.

      That's the law, that's why Drew wasn't charged with murder.

      It would be really hard to prove she actually intended for the kid to kill herself (and I'm not even convinced of that myself.) To my mind this more like involuntary manslaughter, recklessness, etc. In some (but not all) states if the recklessness achieves a certain threshold - that it reaches 'willful indifference to human life' it can be argued that it constitues 'malice' and the offense can be elevated to 'murder'.

      This is the reasoning I use to reach murder. She set out to completely destroy this kids self esteem, succeeded, then called her worthless and told her to kill herself. Personally I think this meets the threshold of 'recklessness' needed to elevate involuntary manslaughter to 2nd degree murder, but I'll concede that's a matter of opinion.

      In any case I'm disappointed she wasn't charged with involuntary manslaughter, because I think that definitely applies.

       

    60. Re:It's far more troubling... by Anonymous Coward · · Score: 0

      You should probably read the post to which you reply once more. Quote:

      "The punishment should be based on an act, not on somebody's reaction to that act. Either an action 'ABC' is a crime or it is not - that should not depend on someone's reaction to 'ABC'."

      Now, your examples:

      "Forget to feed your baby and he dies: you go to prison for a very long time." - that's not a reaction, that's consequence.

      "Go 25MPH over the speed limit and kill a van full of girl scouts: you go to prison for a very long time." - that's not a reaction, that's consequence.

      "Plan to kill somebody and succeed: get the chair." - that's not a reaction, that's consequence.

            Yes, you do need to go on! You still have not proven a thing with those examples...

  5. What? by newtown1100 · · Score: 0

    Sure, driving someone to edge to kill themselves is wrong, but 3 years?

    Couldn't the victim at least tell her parents about what was happening? :facepalm:

    This is when I bet the CyberSitter nannystaters will start jumping in going "U CULD ATLEAST MONOTIR HUR INTERNETZ!!!!1111oneoneone!!!!"

    --
    nonexistent sig
    1. Re:What? by davidphogan74 · · Score: 1

      Sure, driving someone to edge to kill themselves is wrong, but 3 years?

      Couldn't the victim at least tell her parents about what was happening? :facepalm:

      This is when I bet the CyberSitter nannystaters will start jumping in going "U CULD ATLEAST MONOTIR HUR INTERNETZ!!!!1111oneoneone!!!!"

      The victim's internet was monitored, and she did talk to her mom about it. They got into an argument for about 30 minutes. The girl was upset that mom didn't seem concerned. Mom got mad that the girl was using the PC when she wasn't supposed to. Next thing anyone knows, there's been a suicide. It seems there were more factors than just Lori Drew in this case.

  6. Somewhat fitting. by MMC+Monster · · Score: 5, Insightful

    I don't think that putting her away for life is appropriate, let alone the death penalty.

    That being said, I also don't like the idea of an adult conspiring to harass an emotionally unstable child (aren't they all).

    This is a good decision, so long as it is upheld. 300K fine and a (relatively) short jail term is enough to ruin a life for anyone not upper class, and will likely act as a deterrent to others that think that conspiring to harass someone online is just fun and games.

    Now mod me to oblivion.

    --
    Help! I'm a slashdot refugee.
    1. Re:Somewhat fitting. by SCHecklerX · · Score: 1

      True. But where were her parents? Pretty sad the girl lived in a household where she couldn't talk to her folks about what was going on.

    2. Re:Somewhat fitting. by Hognoxious · · Score: 1

      300K fine and a (relatively) short jail term is enough to ruin a life for anyone not upper class

      Did you intend to imply that the rich should be immune from the law and/or the consequnces of breaking it?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:Somewhat fitting. by DocSavage64109 · · Score: 1

      If she had perfect parents, she likely wouldn't be depressed and suicidal.

    4. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      As as rich person I hope that he did.

      Baby steps ...

    5. Re:Somewhat fitting. by thermian · · Score: 1

      Now mod me to oblivion.

      Go out and buy Oblivion like everyone else, you cheapskate, its only ten english pounds!!!111one

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    6. Re:Somewhat fitting. by Talgrath · · Score: 2, Insightful

      How many teenagers (girl or boy) honestly talk to their parents about their problems?

    7. Re:Somewhat fitting. by _Sprocket_ · · Score: 5, Informative

      True. But where were her parents? Pretty sad the girl lived in a household where she couldn't talk to her folks about what was going on.

      I'm usually on the side of parents taking responsibility for the welfare of their children. It bothers me to no end when parents seem to think others should assume that responsibility. However, I'm not so sure this is one of those situations.

      From the Wired blog:

      Then on October 15, Josh sent Megan a message saying that he didn't want to be friends anymore. The next day, Josh told her he'd heard she wasn't nice to her friends, and that's why he wanted to sever their ties.

      Megan became upset and Meier, who had to leave the house to take her other daughter to an orthodontist appointment, told Megan to shut down the computer. Megan didn't do as she was told, however, and got embroiled in an electronic brawl when at least two other people began attacking her online, culminating in the final message from "Josh".

      When Meier came home she found Megan still online and in tears. When she appealed to her mother for support, Meier chastised her for being on the computer when she'd been instructed to shut it down, and suggested that Megan had brought some of the attacks on herself by continuing to communicate with her attackers.

      Megan, in mental anguish at this point, told her mother, "You're supposed to be my mom. You're supposed to be on my side."

      Thirty minutes later, Megan hanged herself, Meier testified.

      I'm sure the mother wishes she could have had that moment back; handled it differently. However, this certainly doesn't seem like a case of an inattentive parent who didn't communicate with their children.

    8. Re:Somewhat fitting. by windex82 · · Score: 1

      I didn't read it at all as they SHOULD be immune.

      I think s/he was implying that they already are immune or, at the very least, once they pay up the 300k and finish up their sentence they'll still be rich and can co back to sitting out in the sun with the extra cash they have saved up by being in jail and unable to spend it.

    9. Re:Somewhat fitting. by philspear · · Score: 1

      Did you intend to imply that the rich should be immune from the law and/or the consequnces of breaking it?

      I'm confused as to how you could have gotten that from his post without LOOKING for ways of misinterpreting it. He was just specifying that if you have a billion dollars, a fine of 300,000 dollars isn't going to slow you down, a simple observation of math without any implication of "and that's how it should be." At worst it was a pointless tangent.

    10. Re:Somewhat fitting. by butterflysrage · · Score: 1

      and add in "how many parents monitor each and every single thing said to or by their teenagers?"

      --
      the preceding post was not spell checked... suck it.
    11. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      Did you intend to imply that the rich should be immune from the law and/or the consequnces of breaking it?

      That's not what anyone wants, but it's effectively what we end up with.

    12. Re:Somewhat fitting. by philspear · · Score: 1

      Just to point out, the legal punishments are among the lesser consequences of her actions. The community went nuts over this. She was getting death threats on the hour, I believe her husband lost his job, and everyone who knew her now likely thinks she is scum. Her home address is out on the web. I'd be suprised if no one threw rocks through her windows and keyed her car.

      I don't know what punishment fits this crime, and it was of course a crime, but she -didn't- kill the girl, she did that herself. I don't think this crime justifies how she's been treated. At the very least, the 300k and jail time is not the full punishment.

    13. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      Bullshit.

    14. Re:Somewhat fitting. by MMC+Monster · · Score: 1

      No. Of course not.

      The fine in a case like this should be enough to hurt the person accused of the crime. If the person was a millionaire, I would hope that the fine would be an order of magnitude (or more) higher.

      I also believe that speeding tickets should be indexed to how much the net worth of the individual is.

      --
      Help! I'm a slashdot refugee.
    15. Re:Somewhat fitting. by MrCawfee · · Score: 2, Insightful

      umm.. were you a teenager?

      a) "ooh it's their parents fault for not being there": the "previously treated for depression" kinda blows that away..

      b) depressed people aren't usually trying to get better, despair sets in it doesn't matter anymore.

      Making snap judgments and automatically blaming the girls parents is bullshit.

      and to the next comment in this thread:
        "if she had perfect parents, she likely wouldn't be depressed and suicidal."

      that is bullshit as well, the "where were the parents" argument doesn't apply to everything.

      If a person wants to end their life, no one can stop them. The girls parents TRIED to solve it by treating her, so the blame the parents attitude is bullshit.

    16. Re:Somewhat fitting. by Beardo+the+Bearded · · Score: 1

      Depression is a medical condition, not a general sadness about how much your life sucks.

      You require medication and dedicated professional counseling to deal with depression. A pep talk from your parents isn't going to cut it.

      When someone is depressed on the verge of being suicidal, that person requires very strong and immediate medical intervention.

      The only way "perfect parents" would have helped is if they had noticed a problem with the girl and taken her to get help.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    17. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      300K fine and a (relatively) short jail term is enough to ruin a life for anyone not upper class

      Did you intend to imply that the rich should be immune from the law and/or the consequnces of breaking it?

      I he/she meant not that "the rich should be immune from the law..." but that they frequently are because they can just pay the fines.

    18. Re:Somewhat fitting. by windex82 · · Score: 0, Troll

      You require medication and dedicated professional counseling to deal with depression. A pep talk from your parents isn't going to cut it.

      Odd how we've gotten along for so long without the medication and professional counseling eh? We could also as a society that if you want to kill yourself so long. If someone else doesn't want to live anymore who are you to force them to? Survival of the fittest. If your tiny brain is so unstable that you feel that the only release would be death then so long. I don't want you making any decisions that may impact the rest of us anyway.

      Before anyone says, You say that now but what if your mom or sister/brother tried to commit suicide?!! HUH WHAT THEN!? My mom has been hospitalized twice for depression with several weeks of suicide watch under her belt. I've thought the above for quite some time before any of that. The first time she was hospitalized I changed my tune a bit. However after the second time I realized its just a cycle that will continue until she is gone by natural or her own power and there is really no point in fighting it. Yes we are fairly close and get along quite well, no ill will for anything.

    19. Re:Somewhat fitting. by compro01 · · Score: 1

      According to the New Yorker article on this, she was getting help.

      --
      upon the advice of my lawyer, i have no sig at this time
    20. Re:Somewhat fitting. by Falconhell · · Score: 1

      I agree, I have always felt fines should be based on a percentage of yearly income rather than a fixed ammount. That way a fine effects all equally.

      Currently a $300 traffic fine is nothing to someone
      on $2K/w but a whole week to someone relying on social security.

    21. Re:Somewhat fitting. by tftp · · Score: 1

      but she -didn't- kill the girl, she did that herself

      Maybe a car analogy, a tradition on /., will help here. Out of spite you want to "teach" a tailgater, and brake hard on a tight turn. The tailgater overreacts, spins off the road and into a wall, and dies. Your car has not a scratch on it. Are you responsible in any way? After all, the tailgater lost control all by himself.

      And to make the decision more apparent, imagine that it was you, or someone from your family, who was tailgating, probably without thinking too much of it. Now you, or a loved one, are dead, because the driver of the car ahead intentionally acted in a specific, unusual way and created a trouble out of nothing. Maybe he didn't mean to kill you, but he definitely wanted to "do something" to you, and that "something" exceeded his expectations. Again, is that driver in any way responsible for the death?

    22. Re:Somewhat fitting. by sssssss27 · · Score: 3, Insightful

      Actually it seems exactly like that. From what I have read and heard it seems like it was the culmination of things that pushed this girl over the edge. I know my mom would never turn down me or any of my siblings for support no matter how badly we disobeyed her orders. Especially if we were to the point of tears. This girl was being attacked from every angle, including her mom. It's no wonder she reacted the way she did especially when she is on medication with a reported side effect of suicidal tendencies.

      My friends wonder why I'm always willing to listen to them regardless of what time it is or what I have to do; this is the reason why. Sometimes we just need to know that we aren't alone in the world and even though a person might not agree with our actions still is there for us.

      What I want to know is why Lori Drew started the whole thing in the first place.

    23. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      you call that communication?

    24. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      Troll. Intention aside, the poster did not in fact imply that.

    25. Re:Somewhat fitting. by philspear · · Score: 1

      Maybe a car analogy, a tradition on /., will help here. Out of spite you want to "teach" a tailgater, and brake hard on a tight turn. The tailgater overreacts, spins off the road and into a wall, and dies. Your car has not a scratch on it. Are you responsible in any way? After all, the tailgater lost control all by himself.

      We're of course talking about degrees here. That car analogy was a more direct example: the outcome was extremely clear that the tailgater was going to have an accident if you set up a physical barrier going at high speeds like that, yes you were responsible.

      To go in the other direction: lets say your coworker is a mentally unstable person, you read an article about Bush doing something stupid and say "Man, the world is going to hell in a handbasket!" Your coworker hears it, decides that is the straw that breaks the camel's back, and shoots everyone in the office. You're clearly not responsible for that: you were technically the tipping point. But you had no way of knowing that would be the reaction.

      In this case, Drew was being a jerk (like the case in the tailgating example). I don't know if she actually told the victim to kill herself, I did look but not very hard, so I'm going to assume tentatively that she didn't say "Megan, kill yourself." Either way, she didn't know that if she took this course of action, she was going to commit suicide: you can't say she is responsible for the suicide, only that her actions drove this person to suicide.

    26. Re:Somewhat fitting. by dq5+studios · · Score: 2, Informative

      What I want to know is why Lori Drew started the whole thing in the first place.

      Because her friend (who the prosecution gave immunity) suggested it as a way to get revenge for the victim calling Drew's daughter a lesbian.

    27. Re:Somewhat fitting. by rohan972 · · Score: 1

      300K fine and a (relatively) short jail term is enough to ruin a life for anyone not upper class

      Did you intend to imply that the rich should be immune from the law and/or the consequnces of breaking it?

      He didn't imply that they should be, he implied (correctly) that they are (more) immune to the law. It shouldn't take you that much to work it out.

    28. Re:Somewhat fitting. by tftp · · Score: 1

      Yes, degrees. But your two examples differ in the "guilty mind" area. When you complain about Bush you do not mean any harm to anyone, and can't be expected to foresee any harm, and your actions have independent positive value, minus the unfortunate outcome. It's neither illegal nor antisocial nor in any other way unusual to talk politics and express opinions about the world in general.

      But now take this Lori Drew thing. She, reportedly, told the girl that "the world would be better without you." Well, in more words than just that, probably, but this summary is probably correct, since they have all the evidence. What is the redeeming value in this communication? Note that it was done by an adult who had no business in talking to the girl in the first place. These actions have no positive value at all. They may be legal, but surely they are antisocial and unusual.

      So the difference between these examples (and my own example) is clear. If you do something intentionally, and that "something" has no independent positive value then if things go bad your guilt magnifies. We are talking about justice here, not law - they are not necessarily linked. Take my example: if the first driver brakes because there is a deer on the road, and the tailgater dies - sorry about that, just an accident. Why? Because braking in front of the deer is a positive act (it's the fist driver's duty to preserve his life, avoid an accident of the 1st order, etc.) and expected and not illegal at all. The fact that the following guy got himself killed is unfortunate, but it wasn't something that the 1st driver chose to cause.

      If we look at Lori Drew again, we see that she chose a specific course of action - unexpected, unusual, and negative to all parties involved, and she chose to do so all by herself - there was no deer on the road, no mind control beams from planet Mongo. Basically, she meant to hurt, and she only miscalculated in how much it actually hurt.

      If you point at your first example (an overreaction hearing about politics) the answer here is simple: what a reasonable person would think and do? You aren't guilty if someone hears about global warming and offs himself because it's not what a reasonable person would expect. If I tap my brakes for an instant, on a downslope, I don't expect the following driver to foolishly slam on his and sweep clean all lanes of a major freeway.

      On the other hand, if a reasonable person would expect certain harm to occur then such actions may carry guilt. It would not do to talk about advantages of suicide to depressed, suicidal people. It does not help to discuss the taste of a new strong drink in presence of a family member who is a recovering alcoholic. It is bad manners to push a deeply religious man into a corner with your atheism. It is bad practice to even keep a tailgater, for his own safety (let him pass, if he is so intent on crashing - just let it be on his own, and ahead of you.)

      Either way, she didn't know that if she took this course of action, she was going to commit suicide

      Then if I were the judge I would ask her: "and what, pray tell, did you expect? Did you not know who you were traumatizing? What was your reason to do what you did, and what were your expectations? What moral right did you have to hope for what you thought will happen?" That would quickly expose Lori Drew as a dangerous creature, out there just to bite and claw those who are weak, ill and can't fight back. In other words, if she can kick a child that she has a dislike for, she will. Do we want such a person in the village? IMO, what Lori Drew did may be not illegal, but it is deeply amoral. I'd say 1000 years ago she'd be stoned to death by the villagers.

    29. Re:Somewhat fitting. by sssssss27 · · Score: 1

      Thanks. I remember there being a reason but I couldn't recall what it was. This whole situation is pretty ridiculous if you think about it. It seems to me that everyone made poor decisions.

    30. Re:Somewhat fitting. by FishOuttaWater · · Score: 1

      "I'd say 1000 years ago she'd be stoned to death by the villagers." Which may yet happen...

    31. Re:Somewhat fitting. by SoupGuru · · Score: 1

      I don't know. I just watched the movie "Ordinary People" again and while I realize Hollywood and real life are hardly anything alike I think there are some parallels here.

      I can see where an argument can be made that being constantly looking for signs in your child's manners and speech can make the kid feel more isolated. If you're thinking everything your child says could be a sign of suicide... I don't know... it doesn't seem healthy for anyone.

      --
      What doesn't kill you only delays the inevitable
    32. Re:Somewhat fitting. by sssssss27 · · Score: 1

      That is true and I agree with you as well but typically if a child asks for help it's because they need/want it. I'm not a parent yet, only 22, so I can only give my perspective from having been a child and still be relatively young.

    33. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      Funny how her assistant, who sent the final msg, is immune.

      type slooooooooowly, /. can't keep up. 1 post per hour.

    34. Re:Somewhat fitting. by _Sprocket_ · · Score: 2, Insightful

      Actually it seems exactly like that. From what I have read and heard it seems like it was the culmination of things that pushed this girl over the edge. I know my mom would never turn down me or any of my siblings for support no matter how badly we disobeyed her orders. Especially if we were to the point of tears. This girl was being attacked from every angle, including her mom. It's no wonder she reacted the way she did especially when she is on medication with a reported side effect of suicidal tendencies.

      Again - I'm sure the mother wishes she could relive that moment and handle the situation differently. But handling the situation badly is not the same thing as being inattentive. And it's not the same thing as being unavailable.

      I'd further point out that the problem here wasn't the advice. It was spot-on. The mother was available to give that advice and she was aware of the situation enough to give the right advice. The problem was in the delivery.

      As a husband and a father, I know that being "there" is a difficult job. Sometimes you're there to advise. Sometimes you just need to commiserate. Trying to read the situation and act accordingly is often difficult and you don't always get it right.

    35. Re:Somewhat fitting. by Anonymous Coward · · Score: 0

      This is a good decision, so long as it is upheld. 300K fine and a (relatively) short jail term is enough to ruin a life for anyone not upper class

      You know, I recall a time when the intention of sending anyone to jail was not to "ruin a life" but rather to reform people. Punish them, too, yes, and keep them away from society if they were dangerous (for as long as they were); but also educate them, teach them why what they did was not acceptable, and enable them to lead a normal, crime-less life again afterwards. And I recall a time when people would know this and see it as the way the system was intended to work, too.

      I wonder whatever happened to that.

    36. Re:Somewhat fitting. by GuloGulo · · Score: 1

      "Odd how we've gotten along for so long without the medication and professional counseling eh? "

      You've never talked to anyone outside your field regarding mental health have you?

      Regardless, your opinion is moronic.

      "My mom has been hospitalized twice for depression with several weeks of suicide watch under her belt...realized its just a cycle that will continue because she is so ashamed of her pathetic loser ass kid, and she prefers offing herself to being the parent of such a loser and there is really no point in fighting it"

      FYP.

      --
      "The government grants you rights, not the other way around."-- beav007. Yes, these people really exist...
  7. I'm not troubled... by BobMcD · · Score: 4, Insightful

    "She now faces up to 3 years in jail and $300,000 in fines - a troubling precedent for anyone who has ever registered with a website under a pseudonym."

    I'm not actually troubled much by this at all. This is what happens to someone who falsifies their information to use an online service TO A BAD END.

    That's actually a good precedent.

    Can it be warped? Sure, but so can everything else. I personally feel that three misdemeanor convictions are a PERFECT fit for what happened, and would like to see similar charges brought against future 'cyber bullies' going forward with similar results. The penalties sound a bit harsh, but I'm sure they will be whittled to 90 days in a white-collar work camp, just as they were for the 'Spam King'.

    1. Re:I'm not troubled... by jo_ham · · Score: 4, Insightful

      Indeed, there's going to be a lot of outrage that she wasn't convicted of more serious offences, but there's a limited scope to what can be done to her.

      If you make it too severe, then in similar cases where the defendant is totally innocent, you're going to have problems.

      This is much like the attempt to reclassify downloading music and movies as a felony. Is it against the law? Yes. Is it a crime equal to grand theft auto or murder? No.

      What this woman did was cowardly, stupid, abhorrent and vindictive, and almost certainly led the young girl to kill herself due to being bullied and psychologically manipulated by a grown (physically) but immature (mentally) woman who should really know better.

      There is possibly a case for manslaughter, but in that case, you'd likely have to prove that the nasty cunt set out to kill Megan, instead of just set out to bully her, and you run the risk of her being acquitted.

      Perhaps one day she'll feel guilty for killing a child, but the law and justice system just isn't set up to put her away for that, at least not without endangering the system itself.

    2. Re:I'm not troubled... by pauljlucas · · Score: 4, Insightful

      This is what happens to someone who falsifies their information to use an online service TO A BAD END.

      What if it were a real teenaged boy who used his real name and information and he harassed the girl and drove her to suicide? To me, the falsification of information seems irrelevant.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    3. Re:I'm not troubled... by DeadManCoding · · Score: 2, Insightful

      Mod parent and GP up!! Parent has my exact opinion. Any woman willing to go to this length for a confrontation with a 13 year old girl and then decides to engage in cyberbullying deserves some prison time.

      --
      "The only constant in the universe is change." - Unknown author
    4. Re:I'm not troubled... by nurb432 · · Score: 0

      I'm not actually troubled much by this at all. This is what happens to someone who falsifies their information to use an online service TO A BAD END.

      You sound like a damned cry baby.. "wahhh she called me ugly"

      --
      ---- Booth was a patriot ----
    5. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      That'll be whittled down to 2 weeks with an ankle bracelet, at home, which will be taken off after 2 days because it's causing her image issues and undue stress.

      She's a woman, remember?

    6. Re:I'm not troubled... by IronChef · · Score: 4, Insightful

      I'm not actually troubled much by this at all. This is what happens to someone who falsifies their information to use an online service TO A BAD END.

      Thank goodness it's the government who will decide what a "bad end" means!

    7. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      I couldn't agree more. Isn't it currently illegal to mail harassing remarks using someone else identity, address and phone number? So why should the internet be treated as an exempt form of communication? It shouldn't.

    8. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      I think since this is in CA that it could qualify any further convictions under the 3-strikes legislation so she could get an even worse conviction should she commit another offense.

    9. Re:I'm not troubled... by Kjella · · Score: 1

      There is possibly a case for manslaughter, but in that case, you'd likely have to prove that the nasty cunt set out to kill Megan, instead of just set out to bully her, and you run the risk of her being acquitted.

      I don't see how, I think we can all agree that what she did was planned and over a long period of time. That'd make it murder, not voluntary manslaughter which is typically spur of the moment killings and involuntary manslaughter is only by negligence or recklessness. Here in Norway we have a fourth kind which would probably be "Assault with lethal outcome" where the nature of the assault doesn't indicate an intent to kill (falls on sharp edge, heart condition etc.) but it's a physical crime so doesn't apply either. It doesn't really go to the level of criminal threats, libel or stalking either so I can't really find a good law to apply. But nasty she is.

      --
      Live today, because you never know what tomorrow brings
    10. Re:I'm not troubled... by computational+super · · Score: 1
      That's actually a good precedent.

      What makes it scary is how few people seem to be able to separate "a 13 year old girl died" from "somebody's about to go to jail for signing up for an internet service under a fake name".

      I guess it would have been scarier if I hadn't expected it though.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    11. Re:I'm not troubled... by DMalic · · Score: 1

      Change the law so this can't be used as precedent in cases not involving the death of "a 13 year old girl", and it's all good.

    12. Re:I'm not troubled... by jo_ham · · Score: 1

      That's the problem though. You would have to prove that she wanted to kill Megan, and created the fake myspace page in order to do that.

      Negligent homicide perhaps, but again, would you then have to start the bullying with the knowledge that you *might* kill her, but did it anyway...

      Murder would be giving her a gift of a new belt, then phoning her up when you knew she was alone and pretending to be Josh and bullying her into killing herself with that belt.

      I'm not sure that Lori Drew has the mental capacity to understand that her bullying of a mentally unstable, depressed 13 year old girl, and spreading the bullying into her school by sharing all the details she had gained would cause her to kill herself.

      She said so much later, that "she didn't feel as guilty" because "Megan had tried to kill herself before". This gives you an indication of the mental capacity of this piece of human skin and organs, masquerading as a human. If you're reading Lori, that means "imitating". Sorry is that still too difficult? How about "pretending to be something else". Yeah, that will do.

    13. Re:I'm not troubled... by AhtirTano · · Score: 1

      Of course. And Al Capone went to jail for the rest of his life over tax fraud related to his business of murder, bribery, etc. Sometimes we prosecute people for what we can rather than what they really did wrong. You can be sure they are revising and closing loopholes so they can prosecute it for the right reasons next time.

    14. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      Especially when they provide a completely logical explanation for the reasons why she got the punishment that she did, and reasonably calling the woman a cunt (which she is).

    15. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      Amazing how many people on this thread just don't get it. She should have been prosecuted under laws that would cover this sort of thing done via letters or over the phone or speaking from the bushes under the girls window or any method of communication. The actual crime she's been convicted of is accessing a computer without authorization. This crime has nothing to do with intent. The horrible things that the woman did that everyone is saying she deserves to be sent away for are not what she was convicted for. What she's going to jail for is ignoring website usage policies. Obviously these policies are ignored all the time. In fact, they're probably ignored more often than not, which makes this an extreme case of selective enforcement.

      I don't see why it's so difficult to accept this. There's actually a very simple test to apply that should make this clearer: In the crime she was convicted of, who is the victim? Pretty simple test. The computers she was gaining unauthorized access to are servers not belonging to the girl who was harrassed or her family. Not that the girl isn't a victim, but she is not the victim in the crime this woman was convicted of.

      So, we have to wonder why they chose to prosecute her this way. It's not uncommon in cases where the law is a bit ambiguous but someone has obviously done something bad for police and prosecutors to find anything they can possibly try someone on and then rely on emotion to win the case, so it could be that the prosecutor just picked something and ran with it. But there are already laws against stalking and hazing. How about contributing to the delinquency of a minor, and I'm pretty sure that there must be some laws they can dig up about an adult trying to establish a romantic relationship with a minor, and how about conspiracy? So, I doubt the first possibility is the case. I may be paranoid, but I think it's far more likely that the prosecutor is pushing an agenda and wants to set a precedent for ignoring a web sites terms of service being a crime. Not, of course, because they actually think that people using fake information on websites is a crimewave, but because this was a case with enough emotional impact to get a conviction on a "crime" that would normally be a non-issue. This conviction just gives them more selective enforcement opportunities in the future. As another poster pointed out, Ashley Grills, who may actually be more directly responsible for the suicide, was given immunity from prosecution. So, once again, I'm led to question the prosecutors desire to actually see justice for the girl being pushed to suicide.

    16. Re:I'm not troubled... by pauljlucas · · Score: 1

      And Al Capone went to jail for the rest of his life over tax fraud...

      The difference is that he was actually guilty of tax evasion (which is a criminal offense). However, the prosecution warped creating a fictitious profile and violation of MySpace's TOS (at best, a civil offense) into "accessing a computer without authorization" (a criminal offense). That's the problem.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    17. Re:I'm not troubled... by DragonWriter · · Score: 1

      What if it were a real teenaged boy who used his real name and information and he harassed the girl and drove her to suicide? To me, the falsification of information seems irrelevant.

      What she was convicted of is three counts of accessing the computer system in violation of the terms of service. This was because, as I understand the articles about the case (I'm not sure that the these provisions line up with the counts, but these are the three provisions I've seen referred to that she violated):
      1. She provided false information, where the terms of service required true information.
      2. She used the service to solicit personal information from a minor, which the terms of service prohibited.
      3. She used the service to harrass or harm another person, which the terms of service prohibited.

      So, if everything had been the same except that she was actually who she pretended to be, she would still have been violating the last term, and possibly the second (depending on whether the ToS prohibit that generally or only prohibit adults from soliciting minors personal information), and would still seem to be liable to prosecution under the act.

    18. Re:I'm not troubled... by Chuck+Chunder · · Score: 2, Insightful

      What if it were a real teenaged boy who used his real name and information and he harassed the girl and drove her to suicide? To me, the falsification of information seems irrelevant.

      I don't think it's completely irrelevant.

      If it were a real boy who really felt that way then his motivation may be expressing his feelings rather than (just) hurting the girl. It's not pretty but telling someone you don't like them anymore is something a lot of people would have done at one time or another.

      With an invented boy it's pretty clear that the only motivation was to cause distress.

      --
      Boffoonery - downloadable Comedy Benefit for Bletchley Park
    19. Re:I'm not troubled... by pauljlucas · · Score: 1

      So, if everything had been the same except that she was actually who she pretended to be, she would still have been violating the last term, and possibly the second (depending on whether the ToS prohibit that generally or only prohibit adults from soliciting minors personal information), and would still seem to be liable to prosecution under the act.

      Right, which is why I said the falsification of information is irrelevant.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    20. Re:I'm not troubled... by noidentity · · Score: 2, Insightful

      What if it were a real teenaged boy who used his real name and information and he harassed the girl and drove her to suicide? To me, the falsification of information seems irrelevant.

      A teenaged boy would probably not be able to pull off such a sophisticated attack, since he wouldn't have as much life experience as this adult did. He also wouldn't be as aware of the possible dire consequences of his actions as this adult was. Adults have absolutely no business using their superior psychological abilities to inflict abuse on kids/teenagers.

    21. Re:I'm not troubled... by pauljlucas · · Score: 1

      If it were a real boy who really felt that way...

      I previously didn't anything about how my hypothetical boy felt. But I'll now say that let's assume he did it just to harass her (again, with his real name and information). Some people would still think that what he did was bad. Therefore, again, the falsification of information (had he used false information) is irrelevant. That's my only point.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    22. Re:I'm not troubled... by pauljlucas · · Score: 1

      A teenaged boy would probably not be able to pull off such a sophisticated attack...

      Probably. But that's not equivalent to "never." My question still stands.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    23. Re:I'm not troubled... by topham · · Score: 3, Insightful

      A teenage boy having a disagreement with a girl and having it result in suicide is tragic.

      An adult, pretending to be a teenager who intentionally manipulates a child (which is what young teenagers are) is criminal.

      If you, or anybody else on Slashdot can't figure out the difference you need to grow up.
      An adult is expected to be able to draw conclusions about their actions and the resulting consequences. They are held to a higher standard than teenagers and children.
      If a teenager intentionally harassed a child and the child committed suicide it is entirely possible they could be found guilty and sentenced appropriately; however it would be more difficult to show their intent.

    24. Re:I'm not troubled... by pauljlucas · · Score: 1, Insightful

      An adult, pretending to be a teenager who intentionally manipulates a child (which is what young teenagers are) is criminal.

      Apparently not since that's not what Lori was charged with. Just because you either think it's a crime or want it to be a crime doesn't mean it currently is. And the fact that she used false information is still irrelevant (unless you think it would be totally OK for Lori to have "intentionally manipulated" the girl to commit suicide had Lori used her real information). This is my only point.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    25. Re:I'm not troubled... by DragonWriter · · Score: 2, Informative

      Apparently not since that's not what Lori was charged with.

      Actually, the intentional manipulation of a child was part of a crime she was charged with and found not guilty of (violating the Computer Fraud and Abuse Act with the intent of inflicting emotional distress), and, I believe, part of a crime she was charged with and on which a mistrial was reached (the conspiracy charge), and part of the crime she was found guilty of (since among the bases for the three counts of violating the Terms of Service were that she used MySpace, in violation of the terms of service, to extract personal information from a minor and that she used it to harass another person, not just the misrepresentation parts), so I think it is completely untrue to say it is not what she was charged with.

    26. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      This is what happens to someone who falsifies their information to use an online service TO A BAD END.

      What if it were a real teenaged boy who used his real name and information and he harassed the girl and drove her to suicide?
      To me, the falsification of information seems irrelevant.

      The unfortunately funny thing is that I believe a real teenaged boy with his real name would have been let go. From what I understand they were unable to prove a conspiracy, but (and here is where I think the law descended into mob rule) they wanted to charge her with something because they really really wanted her punished (and hey, who didn't) and so out comes a "you lied on your myspace enrollment" which might sound all fine and dandy, but now we have this thing out there where if something bad happens to someone and involves the internet now you have to worry about how you filled out forms.
       
        For the creatively challenged imagine being angry about a purchase and posting this product is a bunch of crap under your quickly typed up alias on a company forum, well if company x feels this is some kind of slander, but is unable to prove it, it may be able to prove that you are not "angryBobCustomer". maybe it won't happen, but IMHO it should not be able to happen.

    27. Re:I'm not troubled... by Chuck+Chunder · · Score: 2, Interesting

      Again, I don't think it's irrelevant in that it speaks to intent.

      Perhaps in your boys case the real intent is also purely to harass. Can you reasonably infer that intent though?

      In a moral sense you are right, the significantly objectional part of the action wasn't the falsification of information.

      In a legal sense it is relevant though as someones actions speak to their intent.

      --
      Boffoonery - downloadable Comedy Benefit for Bletchley Park
    28. Re:I'm not troubled... by pauljlucas · · Score: 1

      In a legal sense it is relevant though as someones actions speak to their intent.

      The harassment by itself spoke to her intent and is the lion's share of the tragedy. The fact that she falsified information is small potatoes. She most likely never would have been charged with computer fraud had the prosecutors been able to charge her with manslaughter.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    29. Re:I'm not troubled... by rhizome · · Score: 1

      To me, the falsification of information seems irrelevant.

      Doesn't the age and gender falsification mean they were trying to avoid being detected? Even agewise, a random female persona would have been able to strike up a friendship all the same, but they chose a teenaged boy in order to get closer to her than they would be able to otherwise.

      --
      When I was a kid, we only had one Darth.
    30. Re:I'm not troubled... by pauljlucas · · Score: 1

      Doesn't the age and gender falsification mean they were trying to avoid being detected?

      Unless you're prepared to say that it would have been perfectly OK for Lori to use her real name and information to drive the girl to suicide, then the fact that she falsified information is (still) irrelevant. Your missing the big picture.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    31. Re:I'm not troubled... by Antique+Geekmeister · · Score: 1

      Oh, it was grounds for a state prosecution of first degree murder by all three of the harassers. Death of a victim as a feasible consequence of a felony activity? That is 'murder one', in every state I've read newspapers from. It's why someone having a heart attack and dying as a result of a mugging leaves the mugger vulnerable to the gas chamber or poison needle in some states.

    32. Re:I'm not troubled... by coren2000 · · Score: 1

      This is a case for murder.

      The weapon used in murder is only relevant towards proving how the murder occurred. It matters not whether a knife, a gun, or the internet is used.

      This is like an adult putting a razor blade in a Halloween apple and targeting a specific kid.

      Did Nancy specifically want the child to die? then its murder.

    33. Re:I'm not troubled... by RespekMyAthorati · · Score: 1

      Child abuse is a serious crime, one Lori Drew was clearly guilty of. Why was was she not charged with that?

    34. Re:I'm not troubled... by jo_ham · · Score: 1

      You'd have to ask the DA. My only suggestion is that they didn't have anything that would stick.

    35. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      In this case it wouldn't have worked. This was a person who didn't like the girl in the first place, who used false information to become a friend of the victim, then turned around once she gained her trust.

      Someone using his/her own name would not be able to gain her trust like that. Of course an unknown person (like this woman pretended to be), could have, but wouldn't have a grudge against the victim in the first place.

    36. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      Depends. If he wasn't doing it to be malicious, then no. If he was doing it to be malicious, then yes, it would be bad.

    37. Re:I'm not troubled... by edjay · · Score: 0

      BobMcD - The penalties sound a bit harsh..........

      For inducing someone to take their own life - To induce someone to bring themselves to death with their own hand. Are you even aware of what you are talking about?

      Please, please step back and have a look at what you are actually saying - Only three years for deliberate and malicious mental and emotional torture resulting in death. Focus on the words "torture" and "deliberate" and "resulting in death."

      Where is the recognition of these crimes? Where is the punishment for these crimes?

      --
      Every little helps!
    38. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      "There is possibly a case for manslaughter, but in that case, you'd likely have to prove that the nasty cunt set out to kill Megan, instead of just set out to bully her, and you run the risk of her being acquitted."

      If she set out to kill Megan, she should be charged with first degree murder...

      Manslaughter is for accidental death due to negligence.

    39. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      Thank goodness it's the government who will decide what a "bad end" means!

      Only if you consider 12 jurors "the government".

    40. Re:I'm not troubled... by Spittoon · · Score: 1

      Thank goodness it's the government who will decide what a "bad end" means!

      That strikes me as an unthoughtful response.

      It's not the government who decides, it's a JURY. That's you and me, buddy.

      If you want to lament the uninformed state of the average citizen of the US, that's different. But here it seems like the jury of peers made a fairly astute decision at least as to appropriate punishment for this horrible woman.

    41. Re:I'm not troubled... by hedwards · · Score: 1

      So in other words you don't think that fraud should be prosecuted unless the prosecutors can demonstrate that there was more going on than just fraud. Demonstrating that somebody was trying to defraud another party shouldn't be enough if they fail, they should actually have to succeed. That would be an extremely troubling precedent indeed. And it would definitely end up encouraging people to try because there would be no cost of failure.

      The crimes she committed were based upon falsifying who she was and intentionally harming the victim. This isn't a case where somebody became attached during a real relationship and could only be hurt, this is a case where somebody deliberately built up expectations and then behaved in a fashion which was both cruel and calculating. This isn't an innocent misunderstanding.

    42. Re:I'm not troubled... by pauljlucas · · Score: 1

      So in other words you don't think that fraud should be prosecuted unless the prosecutors can demonstrate that there was more going on than just fraud.

      I never said that.

      Demonstrating that somebody was trying to defraud another party shouldn't be enough if they fail, they should actually have to succeed. That would be an extremely troubling precedent indeed.

      In this case, the dangerous precedent that was set is that people can be prosecuted under the Computer Fraud and Abuse Act for having a fake profile online. It also might trigger legislation that requires full and accurate information in online profiles. That's even worse.

      My guess as to why people create fake profiles is to fool others into talking to them. While sometimes I'm sure the motive is "pervy," there are probably also cases of people just being lonely and they believe no one would talk to them otherwise because they're old, fat, ugly, whatever. While I don't condone such fraud, I don't think such harmless fraud rises to the level of a crime that can be prosecuted.

      For a "pervy" case, say where a pedophile fakes information to lure a child into sex, then the pedophile would be prosecuted for having sex with a minor and (most likely) the prosecutor wouldn't even bother with the fraud part as a separate charge -- why bother when they've already got him dead to rights for a serious crime?

      The prosecutors wanted to prosecute Lori for manslaughter, but couldn't. So they prosecuted her for what they could similarly to the way Capone was prosecuted for tax evasion because that's all the prosecution could prove. However, as I already pointed out, the Capone case is different in that it didn't set a bad precedent because it didn't warp tax evasion law to prosecute what otherwise wouldn't be prosecuted -- in this case, merely having a fake profile online.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    43. Re:I'm not troubled... by rbanffy · · Score: 1

      The falsification proves her intent on harassing the girl. An adult created a fake profile for that sole purpose. It's a bit more serious than a boy using a real name and harassing a girl.

    44. Re:I'm not troubled... by pauljlucas · · Score: 1

      The falsification proves her intent on harassing the girl.

      No, her actually harassing the girl proves her intent on harassing the girl (meaning the harassment is self evident and doesn't need further proof). The falsification was Lori's perceived means to that end. Whether it was actually necessary is unknown. My statement is that people are focusing on the wrong thing (the falsification) and are missing the big picture (the girl was driven to suicide). Compared to the suicide, the falsification is small potatoes. The reason people are focusing on the wrong thing is because that's what the prosecution charged Lori with (because that's all they could charge her with because they couldn't charge her with manslaughter).

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    45. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      I say we put her in the care of Gunnery Sergeant Hartman from Full Metal Jacket for awhile.

      ~X~

    46. Re:I'm not troubled... by Anonymous Coward · · Score: 0

      An adult, pretending to be a teenager who intentionally manipulates a child (which is what young teenagers are) is criminal.

      So perhaps you can tell me the name of the crime, then?

      HINT: it's not TOS violation or computer fraud.

    47. Re:I'm not troubled... by IronChef · · Score: 1

      A government-employed attorney decides to take a matter to trial. It's FAR better to keep poorly written or easily abused laws off the books than to try to use them wisely and rely on the jury as a safety net.

  8. So much for my hobby by courtjester801 · · Score: 2, Funny

    I used to enjoy logging in as someone else; no more trolling the retirement chat rooms as a 74 year old chinese woman. :(

    1. Re:So much for my hobby by StikyPad · · Score: 1

      Don't kid yourself, whippersnapper. We were on to you the moment you confused a crochet hook with a knitting needle. Now if you'll excuse me, it's time for Precious, Mittens, Donner, Blitzen, Happy, Grumpy, Abby, Scabby, Blooper, Dancing Queen, and Colonel McCain to try on their new sweaters.

  9. What Pisses Me Off... by TheNecromancer · · Score: 4, Interesting

    is that Ashley Grills, who wrote the actual message about the world being better off without Megan Meier, had immunity protection from being prosecuted, for testifying against Lori Drew! This woman is just as evil as Lori Drew, and should be punished as well!

    --
    Attention all planets of the Solar Federation! We have assumed control! - Neil Peart
    1. Re:What Pisses Me Off... by Anonymous Coward · · Score: 2, Interesting

      No only did Lori Drew not tell Megan the world would be better without her...Megan's mother admitted that she ignored Megan just before she went to her room and killed herself. Tina admitted that Megan wanted to talk but she sent her to her room. Where she killed herself. Tina is more responsible for her daughters death than anyone. This is one of those cases where a parent wants to feel better by pointing their finger at someone else.

    2. Re:What Pisses Me Off... by ppl3strange · · Score: 1

      I'm surprised this hasn't been covered more. I saw two interviews with Tina where she talked about ignoring her daughter and sending her to her room.

    3. Re:What Pisses Me Off... by Watersharer · · Score: 1

      Unfortunately, too many cases require immunity from prosecution in order to make even one stick.

      While I would agree wholeheartedly that Megan Meier should also be punished to the fullest extent of the law, without her testimony it is possible that both women would have walked away scott-free from this atrocious act.

      Ideally, I would like to see both women in prison, for a lot longer than 3 years. As a parent, I was horrified at this entire story...how another parent could do this just blows my mind.

      We make people take tests to drive, to graduate schools, to get stupid worthless IT certificates...

      --
      Only tyrants and oppressors need fear a well armed populace.
    4. Re:What Pisses Me Off... by Watersharer · · Score: 1

      ugh, i am an idiot...i had Megan Meier's name in my head writing that...

      --
      Only tyrants and oppressors need fear a well armed populace.
    5. Re:What Pisses Me Off... by $criptah · · Score: 1

      I hear you there. This case is a classic outlier where emotions took over any seeds of a rational process and Lori Drew was effectively sentenced not for the breach of the contract, but for killing Megan. I said it many times and I will say it again: I hope the charges get tossed out on the appeal.

    6. Re:What Pisses Me Off... by Anonymous Coward · · Score: 0

      Ah, slashdot, where the fantasies of armchair psychologists are modded 'informative'.

    7. Re:What Pisses Me Off... by Anonymous Coward · · Score: 0

      Except that Ashley Grills was an 18 year old employee of Lori Drew that, yes participated, but worked at the direction (hence the conspiracy charge that didn't reach a verdict). From what I've read, it is safe to say that 49 year old Lori Drew was "running the show", and was likely could be as cruel to Ashley as she was to the victim.

      An 18 year old isn't that far removed from the stupid sh*t that goes on in High School. Much different than the 49 year old who should have known better. If Lori Drew's quest for vengeance had stopped with Lori Drew, then Ashley would have had nothing to do with it.

      Also-- if I recall correctly, Ashley was really mentally messed up for some time after the suicide (having to be hospitalized to get it back together)... Unlike Drew, who's first inclination was to destroy the evidence and instruct people to "shut up" (or what?)

      You might say that the mental trauma that Ashley went through has been far worse than anything that Drew has had to serve (yet).

    8. Re:What Pisses Me Off... by Anonymous Coward · · Score: 0

      What pisses me off is that what these women (Ashley and Lori) did is as similar to the damage pedophiles do to children. They are just as reprehensible as should excluded and ostracized as just punishment.

    9. Re:What Pisses Me Off... by davidphogan74 · · Score: 1

      I've been saying that since the first time Tina mentioned getting into a fight with Megan and sending her to her room for using the PC when she wasn't supposed to. Apparently Megan got mad that her mother never took her side.

      Why isn't Tina Meyer facing charges?

    10. Re:What Pisses Me Off... by rhomp2002 · · Score: 1

      Looks like shunning is about all that is going to be done with this woman. I would bet she has a hell of a time getting waited on in stores, getting invited to anything, having anyone talk to her, or walking down the street without people pointing her out and talking about her right to her face. She basically has not life left in that community and to me that is as it should be. She is about as low as you can go in our society IMNSHO.

    11. Re:What Pisses Me Off... by Anonymous Coward · · Score: 1, Insightful

      She's not responsible for her daughter killing herself. It was just really, really bad luck that her daughter went over the edge.

      I live day in, day out with someone who has attempted suicide on multiple occasions. Sometimes she's quite serious about it, sometimes she's doing it to get attention, some of the time she has simply got no control over herself... Sometimes I get really frustrated because she can't see the reasons for living right in front of her face.

      Having a mental illness, or living with someone who has a mental illness, guarantees a more complicated existence. There are times when she uses it as an excuse to act like a jerk, because she's as human as any of us.

      There are other times when she's so obviously fighting hard not to do what she genuinely feels like doing, what she sees as her only logical option. She has to actively ignore the "rational" voice in her head telling her that she's dumb, a failure, only making everyone around her miserable, not worth the bother, etcetera. It's hard to do that.

      She's getting better at ignoring any chain of throught that leads to suicide, but when she was 14, she was much worse at not acting rationally; she almost succeeded. Not any of your crappy little wrist-slashing knives or pills, either; ate rat poison AND jumped off a high roof, onto rocks, with a fucking MACHETE held against her neck. (It turned just far enough sideways so it didn't cut in deep.)

      I remarked later(when enough time had passed for it to be safe) that if she'd actually succeeded, the scene of her death would have at least made an awesome art installation.

  10. conspiracy by Anonymous Coward · · Score: 0

    was it conspiracy to harass? Is that a crime? I'd imagine if it was, she was surely guilty of that. The jurors obviously wanted to hit her with something, why not that?

    1. Re:conspiracy by sexconker · · Score: 1

      Because jurors don't decide what a person is charged with?

  11. Precedent by Detritus · · Score: 3, Insightful

    Owning a crowbar is not a crime. Using it to bash in the skull of your neighbor is a major felony. Likewise, it isn't illegal to have a pseudonym.

    --
    Mea navis aericumbens anguillis abundat
    1. Re:Precedent by LaskoVortex · · Score: 5, Funny

      Owning a crowbar is not a crime. Using it to bash in the skull of your neighbor is a major felony. Likewise, it isn't illegal to have a pseudonym.

      But using your pseudonym to bash in the skull of your neighbor is a major no no.

      --
      Just callin' it like I see it.
    2. Re:Precedent by Anonymous Coward · · Score: 0

      Owning a DVD copier is not a crime. Using it to copy DVD's and... oh wait.

      Don't you know? The doing stuff on the internet makes it different somehow.

    3. Re:Precedent by Lumpy · · Score: 1

      Owning a crowbar is not a crime. Using it to bash in the skull of your neighbor is a major felony.

      It depends, did that neighbor just take my Last Beamish?

      --
      Do not look at laser with remaining good eye.
    4. Re:Precedent by SCHecklerX · · Score: 1

      My brother was hit (on purpose) by a car. The guy then took a crowbar to his head. That guy got 3 years and two counts of aggravated assault. That's it.

    5. Re:Precedent by Anonymous Coward · · Score: 0

      Owning a crowbar is not a crime. Using it to bash in the skull of your neighbor is a major felony. Likewise, it isn't illegal to have a pseudonym.

      But using your pseudonym to bash in the skull of your neighbor is a major no no.

      Unless your neighbor is really annoying.

    6. Re:Precedent by Anonymous Coward · · Score: 0

      Neat. Thats anecdotal. No offense, but if hitting your brother with a car was on purpose, the crowbar isnt the point. Im guessing he got 3 years and aggravated assault becuase your brother did something to deserve it. Posting AC because enough of you would ignore the lack of context.

    7. Re:Precedent by Ungrounded+Lightning · · Score: 1

      But using your pseudonym to bash in the skull of your neighbor is a major no no.

      Which is essentially what she was charged with on both the felony acquittal and the third misdemeanor conviction count. (Virtual bashing in violation of terms of service.)

      However in this case it WAS a crime to have the pseudonym, too (and that was the first misdemeanor conviction count). The terms of service required true personal information.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    8. Re:Precedent by DragonWriter · · Score: 1

      However in this case it WAS a crime to have the pseudonym, too (and that was the first misdemeanor conviction count).

      It was not a crime to have a pseudonym. It was a crime to use it in place of a real name to access a system to which the owner made a public offer of access conditioned on the use of a true name.

    9. Re:Precedent by LaskoVortex · · Score: 1

      Owning a crowbar is not a crime. Using it to bash in the skull of your neighbor is a major felony.

      OMG! You can use a crowbar to bash someone's skull?!??!11! We need to make those illegal ASAP. I'm starting MACUYAIP (Mother's Against Crow Bars Until You're All In Prison).

      --
      Just callin' it like I see it.
    10. Re:Precedent by Detritus · · Score: 1

      I'm surprised that he wasn't charged with attempted murder. Did he get a plea bargain?

      Best wishes to your brother.

      --
      Mea navis aericumbens anguillis abundat
    11. Re:Precedent by Anonymous Coward · · Score: 0

      But using your pseudonym to bash in the skull of your neighbor is a major no no.

      But if you do bash in the skull of your neighbor, the crime is murder, not crowbar ownership.

    12. Re:Precedent by Anonymous Coward · · Score: 0

      Perfect example... that person should not be prosecuted for illegal ownership of a crowbar.

    13. Re:Precedent by Ungrounded+Lightning · · Score: 1

      It was not a crime to have a pseudonym. It was a crime to use it in place of a real name to access a system to which the owner made a public offer of access conditioned on the use of a true name.

      Yes. (That is what I meant: Using the pseudonym in place of a real name when signing up, in violation of the terms of service, i.e. having a pseudonymous account on a service forbidding that. Sorry I wasn't clear.)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  12. Troubling indeed by Greyfox · · Score: 1
    a troubling precedent for anyone who has ever registered with a website under a pseudonym.

    And then used it to successfully encourage someone to kill themselves. So much for freeing up some low digit slashdot IDs for recycling. Cowboyneal, I take back all those things I said about you, DON'T DO IT MAN!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Troubling indeed by sexconker · · Score: 1

      I was about to post exactly this, except for the cowboy neal shit.

      I don't know what a cowboy neal is nor do I give a shit. I hate seeing the name everywhere. What, is he like the janitor?

      (Go ahead and "correct" or "inform" me, people with broken sarcasm meters.)

  13. So the Scientologists can get rid of 4chan now? by Doug52392 · · Score: 2, Insightful

    By launching criminal charges against anyone who posts on 4chan's /b/ board for using the pseudonym "Anonymous" on their posts, and sending us all to jail?

    1. Re:So the Scientologists can get rid of 4chan now? by Anonymous Coward · · Score: 0

      By launching criminal charges against anyone who posts on 4chan's /b/ board for using the pseudonym "Anonymous" on their posts, and sending us all to jail?

      We dare you to try!

    2. Re:So the Scientologists can get rid of 4chan now? by Anonymous Coward · · Score: 0

      This isn't insightful. MySpace has terms and conditions, etc that say you agree that all the info you provide about yourself is real. /b/ has no such rules.

      It's not the fact that she used a pseudonym, it's that she used it in violation of the Terms of Service. And I'm sure also because she used it in a way to defaud... If you go on 4chan and use "George W. Bush" instead of "Anonymous", maybe there would be a case, I dunno. (maybe my example wouldn't work just because people would be expected to realize that GW doesn't post on 4chan)

    3. Re:So the Scientologists can get rid of 4chan now? by spartacus_prime · · Score: 0

      people would be expected to realize that GW doesn't post on 4chan

      Judging by the average intelligence of 4chan posters, I wouldn't be shocked if he did.

      --
      If you can read this, it means that I bothered to log in.
  14. Well, look on the bright side by MikeRT · · Score: 1

    I predict that it'll be a useful tool for stopping severe cyber bullying. While I do find the ramifications troubling in some respects, the ruling here seems to be specifically on the grounds that her goal for violating the ToS was to commit a crime. The big problem with this ruling is that there are a lot of crimes that can be committed when we don't mean them to be, such as copyright infringement (fair use ain't always obvious).

    This case probably has a 50/50 chance of being overturned in appeals, so I wouldn't worry about it since this is a stretch of the Computer Fraud Act and appeals courts tend to be more conservative in their tolerance of twisted prosecutorial language.

  15. I philosophically disapprove by Thaelon · · Score: 2, Interesting

    While Megan's death is tragic, I cannot approve of this abuse of the justice system being twisted just to find something, anything, to nail Lori Drew with. It sets dangerous precedents in an already fucked-up-beyond-repair system.

    Certainly Drew deserved punishment, but if everybody using the internet was punished for causing emotional distress over the internet, we'd all be in jail. Keep in mind that that is all she did. She didn't go kill the girl with her bare hands.

    I think a public beating would be more appropriate and cheaper to society as a whole. Give the bitch a few emotional and physical scars of her own to remind her that shit like this will not be tolerated. But computer crimes? Seriously, what the fuck?

    --

    Question everything

    1. Re:I philosophically disapprove by Anonymous Coward · · Score: 0

      I agree. Megan's parents might have had enough cause to file a wrongful death civil suit, but this criminal verdict is sheer lunacy. I hope Ms. Drew appeals the verdict.

    2. Re:I philosophically disapprove by DragonWriter · · Score: 1

      Certainly Drew deserved punishment, but if everybody using the internet was punished for causing emotional distress over the internet, we'd all be in jail. Keep in mind that that is all she did.

      No, that's not "all she did". What she was found guilty of was using a computer system without authorization by:
      1) Using a fake name when the terms required a real name,
      2) Using the service to solicit personal information from a minor contrary to the terms of service.
      3) Using the service to harass another user contrary to the terms of service.

      While the emotional harm that resulted is a big factor in why she was charged, the fact that that resulted from her acts is not what she was charged with. She was charged with violating the Computer Fraud and Abuse Act, in a way which is essentially theft of service, since the "payment" for using MySpace is, essentially, your use of MySpace in a way which makes it a non-hostile social network, since the profitability of a social networking site is driven by its attractiveness as a network.

      I think a public beating would be more appropriate and cheaper to society as a whole.

      I don't think arbitrary physical retribution based on how you feel about an act is better than the rule of law and enforcement of laws on the books to punish wrongdoers.

      But computer crimes? Seriously, what the fuck?

      Your arguments is vigilante beatings, good, charging people with crimes that are directly applicable to their harmful acts, bad. Is that it?

    3. Re:I philosophically disapprove by Anonymous Coward · · Score: 0

      Despite what Al Capone did, they could only nail him for income tax evasion. This is a brand new field, and the laws are still emerging. As far as I'm concerned she was guilty, and I'm glad the jury considered here guilty for at least a few things.

    4. Re:I philosophically disapprove by zippthorne · · Score: 1

      Would you approve, then, of he vigilante justice that someone would surely take upon themselves to administer if a high-profile case like this went entirely un-prosecuted?

      If Ms. Drew has any sense, she'll pursue any appeals very half-assedly.

      It saddens me that he law does not appear to be able to address this issue without damage to itself or justice. This woman committed loathsome actions which unintentionally, perhaps, but also rather unsurprisingly resulted in the death of a human being. We really need to examine the laws and make sure that this can't happen again without just prosecution.

      --
      Can you be Even More Awesome?!
    5. Re:I philosophically disapprove by Coleridge49 · · Score: 1

      While Megan's death is tragic, I cannot approve of this abuse of the justice system being twisted just to find something, anything, to nail Lori Drew with. It sets dangerous precedents in an already fucked-up-beyond-repair system.

      Certainly Drew deserved punishment, but if everybody using the internet was punished for causing emotional distress over the internet, we'd all be in jail. Keep in mind that that is all she did. She didn't go kill the girl with her bare hands.

      This makes more sense than anything on this whole fn page. She's only guitly of cause the child stress not death.

    6. Re:I philosophically disapprove by Arancaytar · · Score: 2, Interesting

      we'd all be in jail

      Not really. Many people on /b/ maybe. Would that be bad? The concept of free speech derives from the idea that anything is allowed unless it harms people. The ancient "shouting fire in a crowded theatre" analogy is exactly on the spot. Sure, *you* didn't hang the suicidal girl, but then *you* didn't trample all those people who died in the stampede. Free speech should protect us when we criticize powerful people. It shouldn't mean we get to be assholes.

      I can understand you are torn between civil liberty and justice, but re-introducing lynch-mobs is not the solution. The only difference between mobs and fascist governments is that mobs are less predictable.

      This can be solved by courts, really.

    7. Re:I philosophically disapprove by mangu · · Score: 1

      What she was found guilty of was using a computer system without authorization by:
      1) Using a fake name when the terms required a real name,
      2) Using the service to solicit personal information from a minor contrary to the terms of service.
      3) Using the service to harass another user contrary to the terms of service.

      I'm not trying to defend Lori Drew's actions or character, but, the way you put it, it seems to me that the appropriate punishment would be to ban her from using that computer service again.

      I would never want to be Lori Drew's friend, or even meet her socially, but it seems to me that the real culprits for that girl's death are her parents, who never prepared her for life and didn't have a cue of what was going on.

      When I was a kid and had problems, my parents noticed something was wrong and talked to me. That's how I survived that nasty period from 13 to 19 years of age.

    8. Re:I philosophically disapprove by DragonWriter · · Score: 1

      I'm not trying to defend Lori Drew's actions or character, but, the way you put it, it seems to me that the appropriate punishment would be to ban her from using that computer service again.

      If someone trespasses on private real property to stalk someone, harasses them, and drives them to suicide, we wouldn't just ban them from that particular bit of real property. Certainly, the owner of the real property would be within their rights to do so, but no one would argue that criminal charges weren't appropriate as well.

      Why should the internet be especially lawless in this respect?

  16. The biggest WTF by Kjella · · Score: 4, Insightful

    ...to me is that it seems the only thing she was really convicted of was "accessing a computer without authorization". Does that mean that if we talked over IRC or some P2P chat or sent an e-mail or whatever where you didn't explicitly agree to a ToS regarding the service, that this would be completely legal? Because if that's the case, it's an absurd penalty for breaking a ToS and pretty wierd that there's no other law to deal with somebody harassing a kid to death. Or maybe I'm completely misreading this?

    --
    Live today, because you never know what tomorrow brings
    1. Re:The biggest WTF by mapsjanhere · · Score: 1

      No you're not misreading, the facts she was convicted off would have been the same if she'd been on facebook trying to talk the kid out of committing suicide. What made this application of "law" so troublesome.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    2. Re:The biggest WTF by alop · · Score: 1

      No, You pretty much nailed it on the head. I think the major gist of it is:
      It's wrong to pick on kids, adults *should* know better...
      Parents need to be mindful of their kids online activities...
      If someone tells you to jump off a bridge, and you jump off the bridge, there was something fundamentally wrong with you...

      --
      --alop
    3. Re:The biggest WTF by BratPAQ · · Score: 1

      Just remove the "internet" factor all together, internet is just the tool used for being a bully, and the problem here is bullying resulting to suicide, with or without the use of internet. So far I havent heard a law from any country that will punish these bullies. Its just that the internet makes bullying pretty much easier.

  17. Role of SSRI anti-depressants? by megamerican · · Score: 4, Interesting

    According to wikipedia Meier was taking Celexa, Concerta, and Geodon.

    Celexa is an SSRI anti-depressant medication. SSRI meds are associated with the following side effects:

    Manic Reaction (Mania, e.g., Kleptomania, Pyromania, Dipsomania)
    Abnormal Thinking
    Hallucinations
    Personality Disorder
    Amnesia
    Agitation
    Psychosis
    Abnormal Dreams
    Emotional Lability (Or Instability)
    Alcohol Abuse and/or Craving
    Hostility
    Paranoid Reactions
    Confusion
    Delusions
    Sleep Disorders
    Akathisia (Severe Inner Restlessness)
    Discontinuation (Withdrawal) Syndrome

    On September 14, 2004 the FDA added a Black Box Warning in regard to antidepressants & suicidality in those under age 18
    http://www.fda.gov/ohrms/dockets/ac/04/slides/2004-4065s2.htm

    On September 14, 2004 the FDA mandated that pharmacies provide to all parents or guardians for those younger than 18 an Antidepressant Patient Medication Guide. This guide reads (in part) "Call healthcare provider right away if you or your family member has any of the following symptoms: Acting aggressive, being angry, or violent & acting on dangerous impulses." This Antidepressant Patient Medication Guide also states "Never stop an antidepressant medicine without first talking to a healthcare provider. Stopping an antidepressant medicine suddenly can cause other symptoms."

    On December 13, 2006, the Black Box Warning for suicidality was updated to include those under age 25. The Black Box Warning is included in the insert to the drugs and in the Physicians' Desk reference.

    Note how Meier was also taking Geodon, which is used for schizophrenia, acute mania, and mixed episodes associated with bipolar disorder. She was clearly being affected negatively by the anti-depressant Celexa. Instead of taking her off the medication her doctors gave her more medication!

    The role that these drugs played in the suicide of this poor girl haven't been investigated. That doesn't excuse the behavior of the women, but does it warrant jail time and a large fine? Shouldn't her parents, doctors and FDA officials, pharma companies also be liable for putting her on these meds?

    --
    If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
    1. Re:Role of SSRI anti-depressants? by Anonymous Coward · · Score: 0

      That doesn't excuse the behavior of the women, but does it warrant jail time and a large fine?

      Yes. It was a malicious and stupid thing to do. It led to the death of an innocent. The "I didn't know she was depressed" defense doesn't cut it any more than "I didn't know he couldn't swim" after shoving someone overboard. If you kill someone then you face the music, no matter how sickly the victim was. It's called personal responsibility.

    2. Re:Role of SSRI anti-depressants? by MartinSchou · · Score: 1

      Shouldn't her parents [...] also be liable for putting her on these meds?

      No. Let me repeat that - no.

      Unless her parents are medical experts in that specific field, how the hell are they supposed to know better than the doctors who wrote the perscriptions? Seriously?

      Me, I know pretty much nothing about a lot of things, but car analogies seem very popular on Slashdot. If I go to the mechanic and he tells me to use such and such oil to keep my car in tip top shape, and the next mechanic I take the car to tells me the exact same thing, would you still say it's my fault for using an oil, that just happens to ruin the engine?

      Even better - I know how to use a computer. Fairly well at that. Would you say it's my fault that my Sony laptop battery burst into flames, set fire to the highly flammable car seat I had it on and burnt down the car? What if I asked the manufacturer about the battery, because I'd heard that this had happened before - but they said not to worry about it?

      What the fuck is it with people here wanting parrents, children and loved ones to be medical experts on all kinds of medication? That's why we HAVE doctors - they're the experts.

    3. Re:Role of SSRI anti-depressants? by Anonymous Coward · · Score: 0

      Thanks for finding this! I hadn't heard about this angle at all. Whatever the specifics of this case (in which the victim's medication could theoretically have been ideal), I'm frightened at the thought of getting blamed for the suicide of someone who commits suicide after I beat them in Halo online because of a bad dosage.

    4. Re:Role of SSRI anti-depressants? by Anonymous Coward · · Score: 0

      You just minimized the insane babbling of the blood-thirsty howling mob who want witches to burn or black men to lynch every time a precious snowflake kills herself.

      It can't possibly be the shocking neglect that all parents inflict on their children. Oh, heavens no.

      It can't possibly be drugs which are always a perfectly suitable substitute for real nurturing. Oh heavens, no.

    5. Re:Role of SSRI anti-depressants? by Anonymous Coward · · Score: 0

      It is a fairly typical regimen for bipolar individuals to be on a SSRI and an anti-psychotic or mood stabilizer, or all three.

      SSRIs can induce mania and the anti-psychotic or mood stabilizer can tone things down a bit.

    6. Re:Role of SSRI anti-depressants? by LockeOnLogic · · Score: 1

      All drugs have possible side effects, that doesn't make them bad. I find it interesting that you have cherry picked the worst side effects for your post while omitting the far more common lesser side effects. The things you have listed are very uncommon events statistically speaking. I suggest people who have been spooked by this anti-psychoactive medication rant look up the side effects of damn near every medication on the market. Almost all medical treatments carry an inherent risk, doctors who have acted competently and in good faith deserve no punishment for doing their jobs.

  18. More general laws by Anonymous Coward · · Score: 0

    Why isn't there simply a law which states that bullying/talking someone into killing themselves is illegal?
    No computer or internet specific laws seem necessary.

    Is it me, or do many laws seem to tightly bound to a specific technology..

  19. What if? by Anonymous Coward · · Score: 0

    Goading someone into killing themselves is murder.

    What if I'm mentally unstable and after reading your post I get so distraught that I kill myself?

    You fucking murderer! I hope they put you in the chair for that.

    1. Re:What if? by Anonymous Coward · · Score: 0

      What if I'm mentally unstable and after reading your post I get so distraught that I kill myself? You fucking murderer! I hope they put you in the chair for that.

      You fucking idiot, there was no malicious intent and fraudulent action in his post.

  20. Hard Cases Make Bad Laws/Judgments/Convictions by resistant · · Score: 1

    If this stands, this sets a terrible precedent. Suppose some ambitious prosecutor has decided that you must have committed a Federal crime by using a pseudonym to have a nasty war of words with someone on a chat forum on a politically touchy subject, in violation of the Terms of Service? He can use this terrible precedent to railroad you on charges of "unauthorised access", claiming it has nothing to do with, say, opposing abortion on demand, or supporting it, or whatever. If you don't think this can happen, well, it *has* happened, over and over, with other laws meant for originally limited purposes. The anti-Mafia RICO laws come to mind. There is indeed a slippery slope here, and a steep one at that.

    Prosecuting what can only be called a venomous viper isn't worth it for what it'll cost all of us.

    You might also find it mildly interesting to check out this slightly newer thread and this slightly older thread at The Volokh Conspiracy, both begun by Mr. Orin Kerr, who is one of the attorneys for Ms. Lori Drew.

    --
    A truly excellent pizza parlor is a delight unto the heavens. Treasure the sauce and the toppings!
    1. Re:Hard Cases Make Bad Laws/Judgments/Convictions by $criptah · · Score: 1

      I doubt that a prosecutor has to have a precedent in order to give you a harsh sentense. Judges may use discretion when it comes to sentencing regardless of the actual conviction. There was a case where a guy pretendted to be an FBI agent, a surgeon, etc. in order to attrack chicks on Match.com. He met many girls who claimed, although years later, that they had been drugged and raped by this Bond-wannabe. Due to the lack of physical evidence the trial turned into the "he said, she said" testimony and the jury found the defendant not guilty. In order to bypass one charge that had some physical evidence the defendant plead to a lesser crime that could carry as little as 50 hours of community service. The final verdict? 10 years in jail. In this case the judge believed that the person deserved a harsh sentence and that's what the defendant got. That's all it takes.

    2. Re:Hard Cases Make Bad Laws/Judgments/Convictions by DragonWriter · · Score: 1

      Suppose some ambitious prosecutor has decided that you must have committed a Federal crime by using a pseudonym to have a nasty war of words with someone on a chat forum on a politically touchy subject, in violation of the Terms of Service?

      Its fairly easy to prevent this by not registering under a pseudonym on a site whose Terms of Service prohibit such registrations.

      (And, to extend the analogy to the Drew case, by not deliberately soliciting personal information from someone know to you to be a minor on a site whose terms of service prohibit that, and by not using a site whose terms of service prohibit harassing other users to harass other users.)

      He can use this terrible precedent to railroad you on charges of "unauthorised access", claiming it has nothing to do with, say, opposing abortion on demand, or supporting it, or whatever.

      Yes, any law can be used by an "overzealous prosecutor" selectively to prosecute people for reasons unrelated to the law, especially if they actively violate the law. That this is abstractly possible is not an argument against the law (since it is true of every law), its an argument that prosecutorial misconduct ought to be policed.

      If you don't think this can happen, well, it *has* happened, over and over, with other laws meant for originally limited purposes. The anti-Mafia RICO laws come to mind.

      RICO was never intended to have "limited purposes", it was by design very broad ab initio.

      There is indeed a slippery slope here, and a steep one at that.

      I'll believe that when you point to some particular risk with this law that is not present in any law.

      Prosecuting what can only be called a venomous viper isn't worth it for what it'll cost all of us.

      Not prosecuting a venomous viper who has struck when you have a perfectly good, clearly applicable law would cost all of us more, since it would demonstrate that the law can be flaunted, even to the point of causing death, with no consequence, and breed contempt for the law.

    3. Re:Hard Cases Make Bad Laws/Judgments/Convictions by tenton · · Score: 1

      In order to bypass one charge that had some physical evidence the defendant plead to a lesser crime that [b]could[/b] carry as little as 50 hours of community service. The final verdict? 10 years in jail. In this case the judge believed that the person deserved a harsh sentence and that's what the defendant got. That's all it takes.

      Judges are also bound by the laws, in terms of how to sentence people. There is a range for the punishment, as well as the prosecution's recommendations (which the judge doesn't have to listen to). Obviously, in this case (I'm not familiar with it at all), 10 years is possible for what he pleaded to, regardless of what the prosecution said or even recommended to the judge.

  21. "Anonymous Coward" by Anonymous Coward · · Score: 0

    ...so sue me!

  22. Bad news by Anonymous Coward · · Score: 0

    Aliases are liabilities? This could totally bankrupt some people.

    14x300,000 = $4,200,000

    twitter will have to open a bank and ask for a bailout...

  23. I want to be guilty too. by B5_geek · · Score: 0

    My real name is not B5_geek. I think some/one of you should go kill (your)/(them)selves.

    Hey you! Yeah you, the one behind the screen typing at a keyboard. You should go hang yourself. I am a sexy women who thinks you are pitiful.

    Grr

    You are ugly and dumb!

    ok, I think that covers it. Send me to jail.

    --
    "The price good men pay for indifference to public affairs is to be ruled by evil men." ~Plato (427-347 BC)
    1. Re:I want to be guilty too. by jo_ham · · Score: 1

      Nah, I'll just take you back to earth and have a junior officer throw you out of an airlock in hyperspace.

    2. Re:I want to be guilty too. by denzacar · · Score: 1

      Go kill yourself!

      How do you like the taste of your own medicine? Ha? Ha?!

      And do it painfully. So it hurts. A lot.

       
       
      The best part is that I am not even from or in the US.
      BWAHAHAHAHAHA! >>:D

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
  24. misdemeanor manslaughter by voss · · Score: 2, Interesting

    "In a majority of jurisdictions, however, the offense is committed when death occurs during the commission or attempted commission of a misdemeanor."

    Works for me

    Personally I would have thought the adult womans malicious acts of emotional abuse on a child would have constituted reckless endangerment then they could have gone for felony murder.

  25. In memorium of Megan Meier by Anonymous Coward · · Score: 0

    And a protest against the State's conviction of Lori Drew, I propose the following usenet group list:

    alt.meganmeier.dead.dead.dead

  26. correlation versus causation by damn_registrars · · Score: 3, Insightful

    Note how Meier was also taking Geodon, which is used for schizophrenia, acute mania, and mixed episodes associated with bipolar disorder

    That is stated in the article

    She was clearly being affected negatively by the anti-depressant Celexa. Instead of taking her off the medication her doctors gave her more medication!

    I could not find anything to support that claim. While indeed the symptoms could have been side-effects of the anti-depressant, it is also possible that those symptoms were present before. The wikipedia article also mentions that she was under the care of a psychiatrist from age 3, so there was probably quite a bit going on that wasn't disclosed in that page.

    I agree that the anti-depressants do have negative side-effects for some patients, that has been demonstrated. However, the links you provided don't support your claim of her other psychiatric symptoms being the direct result of those medications.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:correlation versus causation by MindlessAutomata · · Score: 2, Interesting

      And how right you are.

      Let me ask you a question. Who is more likely to commit suicide? A person extremely, extremely depressed, or a person that is very depressed but not extremely so?

      If you answered the person extremely, extremely depressed, you answered incorrectly. Those currently being treated for depression are often at risk because once they are lifted out of their extremely depressed state they are able to start forming plans around suicide and actually carrying them out. Antidepressants can put people into this zone of functionality. To put it simply, improving depression can lead to someone committing suicide because they are now more functional.

      They're also fucking depressed in the first place! Being on treatment is not going to necessarily prevent suicide as no treatment is perfect!

    2. Re:correlation versus causation by nanter · · Score: 1

      Side effect lists are often very misleading, because of exactly that problem: you can't show causation between the drug and the sign/symptom displayed by the individual, but it must be listed as a side effect if, during the study, the patient shows that sign/symptom. Psychiatric drugs are particularly problematic, because the side effects listed are often the very same conditions that the doc is trying to treat with the drug.

      Can these drugs cause some nasty side effects? Sure. Do they cause every single one of the conditions listed in the side effect profile in the PDR more than on an extremely sporadic basis? No.

    3. Re:correlation versus causation by FredMenace · · Score: 1

      From personal experience (myself and others), I'd like to say that I believe this theory is total bunk.

      Due to the money, politics, bureaucracy, and general stupidity of doctors and the FDA involved, most of the messages people are receiving regarding antidepressants and suicide are wrong.

      It's been true all along that in the early stages (first 1-2 months but particularly first 1-2 weeks), SSRIs at least (and maybe other classes of antidepressants) tend to INCREASE anxiety, and hence, suicidality. It's how they work - they force the brain to adjust, so that normal anxiety-inducing events then seem less significant by comparison. This early increase in anxiety was covered up and downplayed by the pharma companies, and not picked up by the FDA initially (or if they noticed that symptom, they didn't have the mental capacity to understand that anxiety might be linked to suicide).

      After that, though, once the brain's receptors have had a chance to adjust (downregulate) to the new (higher) level of neurotransmitters - sort of turning down the volume on the microphone, if you will, antidepressants tend to dramatically decrease such symptoms. In the long run, they are remarkably effective at controlling anxiety and depression and preventing suicide.

      But there is that very dangerous early period where the patient should be watched carefully, and the antidepressant level should be ramped up very slowly (which is not usually done). It could be that other drugs intended to calm them in the short term could be advisable at the start, but this hasn't been tested.

      So when people point out this problem with suicide, and the FDA "studies" it (in their ususual way that misses the point and blurs out all the relevant details), they conclude that antidepressants always increase the risk of suicide, but probably only for teens, er, or maybe young adults too. (It's easier to see in teens since they are more susceptible to suicide generally, antidepressant or no antidepressant, but the effects probably extend to all age groups.)

      So now there is an exaggerated scare over these drugs, which will lead to MORE suicide as more people (including teens) who could benefit from them make the mistake of avoiding them entirely. This extreme view just replaces the old extreme view that antidepressants never increased anxiety or suicidality. And neither view really helps patients or doctors to view antidepressants as useful drugs, while warning them to tread carefully in the early stages of treatment.

  27. The Law isn't about Justice by Anonymous Coward · · Score: 0

    Don't confuse the two. The Law is about mediating relations between people, providing some semblance of order and consistency. Justice is a dark god who demands blood for blood.

    A killer gets away. Fine. Justice wasn't done. But was the law appropriately applied? That's the question.

  28. Done Deal by Anonymous Coward · · Score: 0

    This is an excellent way to resolve this. There may not be law on the books to handle this type of "obviously" criminal action, but in the future there will be. The punishment is about right for a crime like this, perhaps a bit more. But the second side to all this is that her name is ALL over the press now, which doesn't usually happen for all death crimes.

    Her next job interview will be VERY interesting, which I like very much as a punishment.

    K

  29. A civil case seems much more appropriate by thirty-seven · · Score: 1

    For getting retribution/justice in this case, filing a civil case against Mrs Drew seems like a much more appropriate and potentially fruitful course of action.

    --

    Atheism is a religion to the same extent that not collecting stamps is a hobby.

  30. Makes no sense by Carrot007 · · Score: 4, Insightful

    Am I the only one who cannot understand why they went this stupid direction rather than processing using a relevent law. (Yes I know they said they they could not find any law applicable...)

    To me this seems just as bad as when some companyt slaps "on the internet" onto some existing thing and try to patent it/otherwise claim control over it.

    Surely mental torture is covered by an existing law. "On the internet" is neither here nor there.

    Maybe it's just me but I'm sick of this "on the internet" bollocks.

    --
    +----------------- | What is the question!
    1. Re:Makes no sense by DragonWriter · · Score: 2, Interesting

      Am I the only one who cannot understand why they went this stupid direction rather than processing using a relevent law.

      This is a relevant law.

      To me this seems just as bad as when some companyt slaps "on the internet" onto some existing thing and try to patent it/otherwise claim control over it.

      If this was a physical site, violating the license which allowed one to be premise for the purpose of harming another would be civil, and potentially criminal, trespass. On the internet, and you are violating a different law which is, due to the nature of the internet, a federal law. I don't see what the problem is.

      Surely mental torture is covered by an existing law.

      "Torture", in law, has a very narrow definition which does not apply here. Intentional infliction of emotional distress is generally not a crime, its a tort (a civil cause of action). Anyhow, she was charged with violating the computer fraud and abuse act with the unlawful intent to do that, which is a more severe crime than the run of the mill computer fraud and abuse act violations she was convicted of, but not convicted of that (its actually pretty hard to prove intended mental harm, and unlike with physical harm, you don't have clear instrumentalities that any jury is going to see as clearly signalling that intent -- there isn't a mental equivalent of a gun or knife.)

      However, using accessing a computer network in violation of the only permissions which give you a right to use it is covered by existing law whether or not you are doing it to inflict some kind of mental cruelty, and that's what she is convicted of. Sure, perhaps it seems odd that we have so many different specific laws for "using someone else's stuff without permission" where that "stuff" happens to be real estate (trespass to land), conventional personal property (trespass to chattels, theft, conversion, etc.), computer systems (computer fraud and abuse act), etc. But they are all, including the one used here, "existing" laws.

  31. Danger, /b/tards! by Anonymous Coward · · Score: 0

    Doing things for the lulz has been ruled illegal and could land you in jail.

    And good fucking riddance to you, too.

    Hope you don't get raped in the ass too often!

    1. Re:Danger, /b/tards! by Anonymous Coward · · Score: 0

      As if that's the end of it. You fool, you should know: anonymous is legion!

  32. Conspiracy charge results in mistrial by Pinckney · · Score: 3, Informative

    The conspiracy charge resulted in a mistrial, and I believe she may still be prosecuted for that on top of what she has already been convicted of.

  33. Scaremongering by DragonWriter · · Score: 2, Insightful

    Adds reader gillbates: "She now faces up to 3 years in jail and $300,000 in fines -- a troubling precedent for anyone who has ever registered with a website under a pseudonym."

    Gillbates is just scaremongering.

    She wasn't convicted of "registering for a website under a pseudonym", she was convicted for accessing the system without authorization (that is, in violation of the terms which gave her the right to use the system) by providing false information, and for using the service to solicit personal information from a minor and to harras or harm other people, all of which are expressly forbidden by the terms of service.

    People who register under pseudonyms on sites that do not expressly prohibit such registrations have nothing to fear here.

    1. Re:Scaremongering by FishWithAHammer · · Score: 1

      Yes, she was convicted for accessing the system without authorization--in what should be a tort at best, not a criminal act.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    2. Re:Scaremongering by DragonWriter · · Score: 1

      Yes, she was convicted for accessing the system without authorization--in what should be a tort at best, not a criminal act.

      Do you mean that accessing a computer system without authorization should never be criminal, or that the scope of the Computer Fraud and Abuse Act should be narrowed so that none of the three particular ways in which she was found to have accessed the system without authorization should actually be criminal? And, if the latter, exactly how do you see it being narrowed?

    3. Re:Scaremongering by FishWithAHammer · · Score: 1

      The latter. I mean, come on. It's an open system.

      I do not know how it should be narrowed, legally speaking--but if it's a website where registration is open (and, I suppose, where money isn't being transferred via credit card or the like), the idea that it should be a crime to register under a pseudonym is insane.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  34. The girl was dumb... by Anonymous Coward · · Score: 0

    She should have asked for help on /b/.

  35. "He Needed Killing" by TechForensics · · Score: 2, Interesting

    Well, in Texas, don't they have enshrined in their legal system the doctrine of "He done needed killin"

    That's been unavailable as a defense for probably more than 100 years.

    --
    Those are my principles, and if you don't like them... well, I have others.
    1. Re:"He Needed Killing" by jcr · · Score: 5, Interesting

      Are you sure of that? Last I heard, you could still introduce evidence against the character of the deceased in pursuing a justifiable homicide defense in Texas.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:"He Needed Killing" by TechForensics · · Score: 1

      The principal kind of case in which this survives is the "Menendez" kind of case, where victims justify actions by evidence of decedent's conduct. There is some suggestion that the doctrine survives in "use of deadly force to protect property" cases. The classic "he needed killin'" defense, where you go out and lynch someone who is a general danger to the population and say "well Judge, someone had to do it" is gone. The thinking now is that we are well-enough policed that you aren't the proper person to arrogate judge-and-jury function.

      --
      Those are my principles, and if you don't like them... well, I have others.
  36. Completely idiotic by OneSmartFellow · · Score: 0

    I am so dumbfounded at this that words escape me.

    What's next, I say you're dumb, and I get sued ?
    After that, I say I don't like you, and get sued.
    Finally, I decline to make a positive comment and I get sued.
    Sorry, this is just idiotic.

    Time for all you damn wimps to crawl back to mommy, and don't come out again until you can face the real world.

    Yep, it's not Candy Land, it's reality, and sometimes it hurts.

    1. Re:Completely idiotic by denzacar · · Score: 1

      What's next, I say you're dumb, and I get sued ?
      After that, I say I don't like you, and get sued.
      Finally, I decline to make a positive comment and I get sued.

      Fuck that.
      You try any of that shit - I'm comin' at you with a baseball bat. Or a broken bottle. Whatever is at hand.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens
  37. Not the same thing. by raehl · · Score: 3, Insightful

    An adult harassing a child is not the same as a child harassing a child. Adults should know better.

    1. Re:Not the same thing. by pauljlucas · · Score: 3, Insightful

      An adult harassing a child is not the same as a child harassing a child. Adults should know better.

      Sure, but that's got nothing to do with my point which was in response to BobMcD's point of making a big deal out of the fact that the information was falsified. OK, so what if Lori had used her real name and information? The fact that she drove a girl to suicide is the problem. The fact that she used false information is, again, irrelevant.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    2. Re:Not the same thing. by coren2000 · · Score: 1

      Adults should know better.

      You sound like you think that Nancy didn't know better... ponder this, she did know better, but she did it anyway.

  38. People are forgetting about child abuse. by MarchingAnts · · Score: 1

    I am annoyed that there's less focus on direct abuse of a child here, though. I think the conspiracy charge is valid but the key issue here is this is an adult who consciously manipulated and mentally abused a child with malicious intent.

    The charges here focus on the act of deception and abusing a website, which seriously aren't the problem here. She didn't steal MP3s; she tormented a teenage girl. This is about bullying and wanting to hurt a person, and that's the issue that needs to be addressed.

    --

    --M.

  39. I'm Terrified by Anonymous Coward · · Score: 0

    I'm terrified by the vast amount of utter morons on THIS site.

    You morons need to put your feelings aside and look at the black and white matters here.

    1. There was no law against what this person did.

    2. In an effort to placate emotional whiners like you, the federal prosecutor drummed up specious and UNRELATED charges to base a trial on.

    3. The trial relied on emotional draw to gain a conviction where NO LAW WAS BROKEN.

    4. This conviction sets a precedent that using a false name like Anonymous Coward, CmdrTaco or Cowboy Neal online can be illegal!

    5. The *rule* that was broken and effectively prosecuted as law was actually a corporate terms of service. This creates a situation where ANY corporation can create ANY rule they want and potentially prosecute it as federal law!!

    This prosecution is INSANE!

    1. Re:I'm Terrified by DeadManCoding · · Score: 1

      I would like to respectfully disagree on the point of 1. No law against. If that were true, then she wouldn't be convicted of 3 misdemeanor crimes. She was found guilty in a court of law by a group of her peers. And in my opinion, she deserves every hour of jail time she gets. She's a fucking 47 year old woman who engaged in bullying a 13 year old girl. All of this over the fact that she believed that said girl was basically talking shit about her daughter, which proved to be false. So yes, she's guilty and I hope she rots in jail for it.

      --
      "The only constant in the universe is change." - Unknown author
    2. Re:I'm Terrified by Anonymous Coward · · Score: 0

      And your misguided reasoning is why she was convicted for computer fraud! They were motivated, like you, by their emotional reaction to an UNRELATED matter that there was no law against.

      Take the girl's suicide out of the picture. There was no law against that so it should not be considered at all. So block the girl's death completely out of this case.

      Now let's concentrate on the "laws" that were broken. Specifically, using a false name for her own MySpace account. This is a violation of the MySpace terms of service. There is NO LAW that says you cannot use a pseudonym on MySpace or the internet.

      DeadManCoding is not your real name. It is now therefore possible for you to face real prison time for posting on the internet under that false name. You are guilty of computer fraud, at least according to this jury! Do you feel that you deserve 3 years in prison for your Slashdot and Usenet posts?

      This woman's conviction is an epic disaster for the internet but, everyone seems to be letting their emotions get in the way of seeing that.

      Let's be clear, one last time. Despite the emotional motivations of you and most others posting here, there was no law broken relating to this girl's death. The "crime", for which she faces 3 years in prison, was using a false name to sign up for MySpace.

  40. Listen here by roman_mir · · Score: 1

    the jury found defendant Lori Drew guilty of three counts of the lesser offense of accessing a computer without authorization

    - now can you explain to everyone, how is this related to this:

    psychological stalking and trauma

    ?

    You are the one, who has to pull your head out of your ass, it must have stuck really hard in there.

    She is not convicted on anything related to the suicide of the girl, she is convicted on accessing a computer without authorization. Where is the real conviction for the suffering she caused? There is none, because there is no law that says a person cannot pretend to be someone else to gather some information, specifically when it is a situation between two private individuals. Maybe there should be a law that says a grown up cannot pretend to be someone else to manipulate a child, ok fine, but a law like this does not exist.

    So what has happened here is that a case was created in criminal court that eventually will be used to convict an otherwise honest person of something, anything in fact, by using this case.

    Exactly who is innocent now? Basically everyone with a computer has created an account, an email account, a forum account, whatever account where they did not provide their own name (and/or address). So now almost EVERYONE can be convicted based on this if the government just wants to convict a person because the person has something that the government wants or has done something that is not actually illegal, but the government objects to it.

    What if the girl was not contacted via MySpace account? What if she had received a real piece of snail mail with a fake photo in it from this woman? What if the woman hired an actor-boy to do the same thing?

    The woman's actions are bad not because she 'accessed a computer without authorization', but because she didn't care for the feelings of the girl she was manipulating. Do not allow the government to make every single person into a criminal on a whim.

  41. this is ridiculous by moxley · · Score: 2, Insightful

    #1. What Lori Drew did was reprehensible and disgusting, but not illegal.

    #2. She is not responsible for Megan's suicide in any way shape or form any more than you'd be responsible for my suicide if you told me to "fuck off and die" because you don't like this post.

    #3. Using dubious interpretations of the legal system to persecute those who some feel have violated the social compact or acted outside of the bounds of what we consider to be normal decent behavior, yet who haven't violated a law is not only wrong, it's extremely dangerous and undermines everything that this country is supposed to stand for.

    #4. Some people need to come off of it - your need to feel some sort of vindication by seeing that this woman is punished does not outweigh the damage done by this ruling to the rest of our rights. I am sure she is suffering for this, and I am sure she didn't really think that this girl would kill herself. Even if she did, that isn't a crime. People are responsible for their own actions - the world is a mean place, and if you're looking for someone to blame foir her suicide it makes more sense to blame her parents (though I don't think they are to blame either - depression is a bitch).

    1. Re:this is ridiculous by Sabriel · · Score: 1

      re #1 - others are already arguing the legalities to flaming rubble.

      re #2 - there's a difference between (a) casually flaming someone, (b) stalking them, pretending to be their friend and repeatedly attacking their... "essential desire to live" (english?) under the guise of said friendship.

      re #3 - see re #1

      re #4 - "I am sure she didn't really think that this girl would kill herself. Even if she did, that isn't a crime." .... uh, what? Evidence of deadly intent would've made it a murder case. Instead we got this mess.

  42. Well, you should be troubled.... by Puffy+Director+Pants · · Score: 1

    if you're also going to post harassing and demeaning comments as part of your pseudonymous communication.

    Especially on a site like Myspace.

    If you want to be a jerk on Slashdot, nobody will ever care.

  43. pseudonym vs. intent? by Anonymous Coward · · Score: 0

    Adds reader gillbates: "She now faces up to 3 years in jail and $300,000 in fines â" a troubling precedent for anyone who has ever registered with a website under a pseudonym."

    Oh please, what a BS thing to say. There is a world of difference in going by a pseudonym online and abusing anonymity to inflict harm and persecute someone with a mental illness.

  44. I understand why they're twisting an existing law by taucross · · Score: 0

    It's because Megan's Law was already taken.

    --
    "In the absence of the ability to establish the attribute of truth they tried to establish the noble attributes."
  45. slippery slope? by spartacus_prime · · Score: 0

    The problem with cases such as this which have no real precedent is that cooler heads often do not prevail. Although I am pleased that the jury rejected the cyberbullying argument, I don't understanding the accessing a computer without authorization charge. I could be wrong, but if she used her daughter's computer (or even her own), the charge she was found guilty on seems spurious at best. My brief research into California law regarding computer crime indicates that, at this point at least, statutes only cover actual white-collar crime, not childish pranks such as this. My hope is that this charge gets overturned on appeal. Although what Drew did was despicable, let the legislature pass a law on cyberbullying. Don't put something like this in the hands of the court.

    --
    If you can read this, it means that I bothered to log in.
  46. Pay attention to the facts by TRRosen · · Score: 3, Insightful

    This is not about using a fake name to sign on to a web site! such actions do not fall under this law!

    This is about providing False information to access a computer (Which really is all that hacking is) with the intent to cause harm or damage. The are TWO clear elements of this crime

    1-unauthorized access

    2-intent to inflict harm.

    you must do both to be guilty and the jury decided she did (correctly in my opinion)

  47. troubling indeed by Anonymous Coward · · Score: 0

    â" a troubling precedent for anyone who has ever registered with a website under a pseudonym.

    Yes, this is troubling in the same way that Al Capone's trial should be troubling for anyone who ever was less than 100% honest on their income taxes.

    Al Capone was prosecuted FOR cheating on his taxes but BECAUSE of the murders and mayhem he committed. Tax evasion was just the way that the system was able to exact justice for the other crimes that wouldn't stick.

    I see this case in a similar way.

  48. My take by achenaar · · Score: 1

    I'm drunk and very ranty, and I fully understand what precedent is being set, and I also know that I'll end up on charges some day if this stands as it is (who doesn't make fake accounts?), however, there is a strong point to be made.
    Repeal this bullshit and start again. Start again with assisted homicide. Start again with harassment. Start again with breach of the peace. Start again with anything, but don't let this twisted, disgusting pile of shit get away with the *fact* that she was instrumental in driving another human being to suicide.
    Yes it's a fucking slippery slope, and yes it's difficult to say what might become of any law that tries to punish this woman.
    However, there HAS to be some way this woman can be brought to justice. What she and her cronies did was utterly despicable.
    Cripes I'm getting riled up.
    I've re-read everything I've posted and after a few deep breaths I still agree so.. submit.

  49. Do unto others by westlake · · Score: 1
    "She now faces up to 3 years in jail and $300,000 in fines -- a troubling precedent for anyone who has ever registered with a website under a pseudonym."

    Use of a pseudonym is not a "Get Out Of Jail Free" Card.

    It is not a grant of immunity from any civil action. You remain legally responsible for the consequences of your actions - no less than in the world outside.

  50. I hate Americans. by Anonymous Coward · · Score: 0

    Whining, spineless imbeciles. Toughen-up you pussies.

  51. First go after a scumbag to establish precedent... by Ungrounded+Lightning · · Score: 1

    If this stands, this sets a terrible precedent.

    That IS how it works...

    First they go after the worst scumbag available to set the precedent. Then, once it's solidly established, they use it on anybody they want to harass.

    A child abuser is normally the first target. The only thing special about this case is that the abuse didn't have as much of a sexual component as is typical.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  52. Lori Drew did NOT create a MySpace account by Anonymous Coward · · Score: 2, Informative

    Lori Drew NEVER created the MySpace account, her "friend" who ratted Lori Drew out for immunity is the one that setup the account. There's actually no evidence that Lori Drew even ACCESSED the account.

    So yes, she's a bitch for thinking it would be funny to do this to Megan. Even more so that she thought of some things to say. But there isn't any evidence she sent any of those, like there is for her daughter and her "friend".

    And now we have a terrible legal precedent. If this was a US District Court then it affects the whole nation as well.

    And for what? Because a whole lot of people feel that *morally* there was a wrong here and can't be adults for 10 seconds to handle the *legality* of her actions.

    Hell, the prosecutor didn't even try to bring some easy charges about harassment and hate speech. Remember kids, now you can't say "die in a fire" because that person might just go torch their own ass. The precedent is there.

  53. How retarded... by Anonymous Coward · · Score: 0

    There's a difference between forgetting to feed your baby a meal and forgetting to feed your baby so many meals that it dies.

    There's a difference between going 25 MPH over the speed limit and going 25 MPH over the speed limit and also killing a van full of girl scouts at the same time.

    Need I go on? Outcomes matter only when they indicate what your dumb ass has done.

    1. Re:How retarded... by Free+the+Cowards · · Score: 1

      You're simply making the same point I am.

      Yes, there are differences between those actions.

      There's also a difference between harassing a girl and having her ignore you, and harassing a girl and causing her to commit suicide.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    2. Re:How retarded... by Anonymous Coward · · Score: 0

      There is also a HUGE difference between "harassing someone" and "harassing someone who you are well aware of having mental issues, with the intent of causing maximum emotional distress". I wish you people thinking this bitch should go free thought a bit more about that fine point.

  54. The result was appropriate, but not the charges by AK+Marc · · Score: 1

    She should have been charged with felony harm to a minor and homicide (of some kind, depending on the local laws). The "through a computer" part is what confuses people.

    Try this. Your emotionally disturbed 13 year old neighbor is up on her roof getting ready to jump to her death. You, an adult, are first on the scene. You shout, "You ugly bitch, the world would be better off if you just jumped. I would say that your parents are ashamed of you, but I'm pretty sure he's not your real dad, since your mom fucked every man that walked up to the door, not to mention the ones she picked up on the street corner for crack money. You should jump and they'll be happy, and I will be happy too." Then, she jumps. Would you charge her with illegal access to a neighbor's roof? That's absurd. That's not even related to what happened. You charge her with the crime she did. She found someone she didn't like. She purposefully targeted them. She intended to cause harm. She caused harm. That harm resulted in a death. That's homicide (and a pile of other "little" felonies). I'm really confused as to why there is so much confusion. I would take from this result that it's perfectly ok for an adult to take actions that result in the death of a minor, as long as they don't use a computer or a firearm.

    1. Re:The result was appropriate, but not the charges by morari · · Score: 1

      Your "example" only further points out how little "harm" she did. All of the harm was done by this little girl's own hand. Telling someone to do something is not you doing it to them. If they do happen to proceed, then it is only their fault. In the end, the world probably is actually better without such people.

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    2. Re:The result was appropriate, but not the charges by AK+Marc · · Score: 1

      Your "example" only further points out how little "harm" she did.

      By that argument, you'd like to make sexual molestation legal. After all, it's a little touching, but no "harm" other than a possibility of a few little psychological issues, and that's all that could have resulted here.

    3. Re:The result was appropriate, but not the charges by morari · · Score: 1

      Molestation involves touching, which is direct contact. It's not exactly as if people force themselves upon molesters.

      On the other hand, simply telling someone to go out and be molested isn't as problematic as the idiot that takes your "advice".

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    4. Re:The result was appropriate, but not the charges by AK+Marc · · Score: 1

      Molestation involves touching, which is direct contact.

      So? Touching doesn't make a physical harm, even if it is a physical contact. The only harm is mental. Since you believe mental harm is not a harm, then molesting children should be ok to you.

  55. O/T by Anonymous Coward · · Score: 0

    Posting to undo a mismoderation.

  56. Not in this lifetime... by denzacar · · Score: 1

    You can have my pseudonym when you pry it from my cold dead hands.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  57. She should face Pedofile crimes by Orion+Blastar · · Score: 4, Interesting

    for trying to seduce a minor under an alias.

    Why do men who do that get felony convictions but women like Lori Drew who do it get a slap on the wrist and misdemeanor charges instead of being a convicted sex offender? She solicited the girl for sex and then told her the world would be better off without her and caused her to hang herself.

    The average Internet troll does not seduce the victim for sex, but rather does personal attacks on them instead.

    Only Kuro5hin and other shitty web sites do the "Shotgun mouthwash now!" troll. Some victims fall for that troll and kill themselves, is that the same as what Lori Drew did?

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:She should face Pedofile crimes by Anonymous Coward · · Score: 0

      She solicited the girl for sex...

      The difference between her and the pedophile is quite simple: the facts of the case make it completely and obviously clear that she never for one moment had even a scintilla of intention to actually have sex with the girl. Pedophiles are actually trying to arrange sex with minors, not just teasing.

  58. pretend to host the site you log into by bgd73 · · Score: 1

    I learned it in unix chat, the "extinct" version of msn chat..in a big hurry. The attitude that climbs from your self if you act as the title states. It does not take much to even make a misunderstanding of different english dialect to set off emotional reactions. This suicide , it seems to me, was predictable starting in the 90s. There is a punishment, and i hope it goes through with an offense seious enough to be written accordingly.

  59. hard cases make bad law by speedlaw · · Score: 1

    This woman was horrible, preying upon a young girl with known weaknesses, kind of like what happens in prison. The law, however, is not really set up to prosecute this. If I were her, though, I'd check my brake lines regularly.

  60. 90 days for not sitting fast enough by Plugh · · Score: 1

    heh... I know a guy who got sentenced 90 days in prison for not sitting down fast enough when the judge ordered him to. Think I'm hyperbolizing? video. blogs.

    1. Re:90 days for not sitting fast enough by jjohnson · · Score: 1

      Yes, you're hyperbolizing. You make it sound like he was an unproblematic defendant who simply didn't move fast enough, and got 90 days in jail.

      In reality, Freeman refused to sit down on being instructed to by the judge. He started to sit and then got back up. The judge told him four times to have a seat. Instead, he asks "are you making law?" The judge instructs the bailiffs to take him into custody, and only then does he sit down, saying that he's doing so under duress. According to the blog you link, "He was viewed on closed circuit TV as he continued to question the system and not consent, and drew two further contempt of court charges, all three for 30 days in jail."

      In other words, he was trying to jam the system as a "liberty activist". Anyone willing to co-operate with the basic procedures of the court will not risk the same consequences.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  61. re: by Anonymous Coward · · Score: 0

    Scientologists soon to be telling judges that they are having suicidal thoughts due to Anonymous activities on the web.

  62. Profit! by Anonymous Coward · · Score: 0

    1. Daughter not liked by some other kid
    2. Some other kid's mom makes fake MySpace account, acts like boy, gets daughter liking said boy, said "boy" then dumps daughter and says world better without her.
    3. Daughter kills self. Other kid's mother and others indicted for internet bullying and contributing to daughter's suicide.
    4. Mother found guilty on lesser charges.
    5. ...
    6. Mother of dead daughter takes Mother of bitch girl who helped drive daughter to killing herself to court on a wrongful death suit, wins, causing contributory mother, daughter, and their family a lifetime of being poor
    7. PROFIT!

    See, it was a plan to get rich the whole time!

  63. a troubling precedent for anyone ever registered? by Anonymous Coward · · Score: 0

    Troubling NOT as long as you don't act like a complete asshole and harass someone literally to death!

    This has NOTHING to do with "a troubling precedent for anyone who has ever registered with a website under a pseudonym." Every website I've ever registered on warns about this type of behavior and makes it very clear they WILL cooperate with law enforcement.

  64. None of this crap is relevant by scurvyj · · Score: 1

    None of this crap is relevant.

    The original annotator hit the nail on the head. This sets a dangerous precedent.

  65. She's hardly typical of EULA transgressors by svunt · · Score: 1

    Al Capone - racketeer, murderer, bootlegger, etc was convicted of tax evasion. I've told a couple of small fibs on tax returns in the past, but I don't expect to be given jail time for it - sometimes the law has to work around its own limitations to convict someone who has taken morally reprehensible actions that it lacks the power to punish directly. I have no more fear of being charged for using a fake name to register at a website (which I do regularly) than I do of serving a prison sentence for my minor tax infractions.

    1. Re:She's hardly typical of EULA transgressors by cayenne8 · · Score: 1
      "Al Capone - racketeer, murderer, bootlegger, etc was convicted of tax evasion."

      The difference is...he DID commit tax evasion, he broke a law on the books.

      Lori did not break a law in what happened to the girl that committed suicide....they couldn't find a law she broke..so they tried to stretch another law to get her on something...that is what is scary. The govt should not be allowed to bend any law just to get someone...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:She's hardly typical of EULA transgressors by svunt · · Score: 1

      She most certainly DID misrepresent herself, she agreed to a contract that told her to behave in a certain way.

  66. Congratulations by Anonymous Coward · · Score: 0

    Congratulations, you have finally pushed me over the edge. I am going to kill myself now. Until I read that, I thought I could go on pretending, but You have shown me that the world would be better off without me. Goodbye cruel world!

    1. Re:Congratulations by phulegart · · Score: 1

      Can you point out exactly where I showed you that the world was better off without you? Or can you only prove that you have no intention to ever actually learn anything, and only intend to make an ass of yourself?

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    2. Re:Congratulations by Hognoxious · · Score: 0, Flamebait

      Can you point out exactly where I showed you that the world was better off without you?

      You didn't, but you sure provided positive proof that it would be better of without you. Dumbass.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:Congratulations by JosKarith · · Score: 1

      YAY! Somebody finally convinced Anonymous Coward to kill him/her/itself. They've been talking smack far too long - I'm so looking forward to a Slashdot without their inane interjections

      What? Did I miss something?

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
  67. Say it with us, kids! by Valdrax · · Score: 1

    By launching criminal charges against anyone who posts on 4chan's /b/ board for using the pseudonym "Anonymous" on their posts, and sending us all to jail?

    "And nothing of value was lost..."

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  68. Oh good lord, what ridiculous spin by Anonymous Coward · · Score: 0

    a troubling precedent for anyone who has ever registered with a website under a pseudonym.

    No, dipshit, it's only troubling for anyone who has ever registered with a website under a pseudonym in order to commit criminal activities. A bit of a difference, don't you think? Admittedly, the criminal activity itself (aside from its unexpectedly devastating consequences) was of a mild nature and at best an imperfect fit with the law under which she was prosecuted. But still, speaking as one who has registered with a number of websites under a pseudonym, this does not bother me even the tiniest little bit.

  69. yes, this case is about hysteria by circletimessquare · · Score: 1

    not the hysteria of those who rendered a verdict on this reprehensible woman

    the hysteria of the slashdot crowd who thinks this case sets precedents that it does not actually set

    there is no slippery slope

    this case is such an extreme outlier, you have to be complete fool to confuse it with your typcial internet troll douchebaggery

    the woman:

    attacked a minor that she KNEW
    that she KNEW was emotionally sick
    and did so over an EXTENDED PERIOD OF TIME
    it was carefully planned
    it was directly and uniquely targetted
    it was designed for emotional manipulation degradation
    the cruelty went on for an extended period of time
    she even suggested suicide to this emotionally disturbed minor, who she KNEW, and KNEW she was a minor and emotionally disturbed

    no folks, this in absolutely NO way resembles any garden variety trolling situation, by any remote stretch of imagination

    there is no slippery slope. there is no scary precedent

    really. here's brown paper bag. breathe into it, stop with the idiotic hysterics over this case slashdot

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  70. hi by stonedcat · · Score: 0

    my name is jill and i hope you all die, slashdot would be a better place without you

    --
    You can't take the sky from me.
  71. Whoa, online rights violation! by Arancaytar · · Score: 1

    So if you goad a young girl into killing herself, you end up doing jail time? Unbelievable.

    This isn't your average anonymous posting incident, this is a direct abuse of the medium in order to harm somebody. Ethically, this should have resulted in homicide charges; establishing once and for all that psychological violence is still violence. How can Lori Drew claim she told a clinically depressive person to kill herself without intending her death?

    This strikes close to home, because on the communities I moderate I have seen insecure and potentially suicidal people tormented on several occasions for fun (and I don't mean "learn to spell, moron"). This /b/tard behavior of "get a thicker skin" is disgusting; it's like walking up behind heart-failure patients and saying "BOO".

    I'll shed my cynicism for a second and ask "can we just stop being assholes"?

  72. accessing a computer without authorization by Iamthecheese · · Score: 1

    "accessing a computer without authorization"

    "accessing a computer without authorization", where the term means "using a pseudonym" As you said, this is a bad, bad precident. Anonymity is a necessary part of freedom. As someone else said, when you are restricting freedoms you don't arrest the white 30 year old mother of three, you go after the scary mexican guy first to set a precident. This is a terrible ruling and I pray to His Great and Noble Noodliness that it will be overturned posthaste.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    1. Re:accessing a computer without authorization by DragonWriter · · Score: 1

      "accessing a computer without authorization", where the term means "using a pseudonym"

      No, that's not what the term meant in this case, in any of the three counts.

      In one of the three counts, using false information where the terms of service under which authorization was granted required true information was a factor. In the other two, using a pseudonym wasn't even relevant.

      Anonymity is a necessary part of freedom.

      Sure, but theft isn't. Nothing in this ruling would be applicable to people anonymously using their own resources, or anonymously using other people's resources when the terms under which they are offered access to those resources do not preclude anonymity. You seem to think it is essential to freedom that people be prohibited from conditioning other people's use of their property on providing a true identity, which seems to me to be an utterly ludicrous position.

      As someone else said, when you are restricting freedoms you don't arrest the white 30 year old mother of three, you go after the scary mexican guy first to set a precident.

      Lori Drew is a middle aged white mother, not a scary mexican guy.

  73. pig in lipstick by Anonymous Coward · · Score: 0

    http://www.theage.com.au/news/technology/web/verdict-handed-down-in-myspace-suicide-trial/2008/11/27/1227491672826.html

    first thing that came to mind when i saw drew's daughter

  74. THIS IS NOT A PRECEDENT by ffflala · · Score: 1

    Jury convictions at trial courts do NOT set any sort of legal precedent. Future juries aren't bound by them in ANY WAY.

    If another asshole manipulates a vulnerable kid to the point where he/she harms him/herself, another jury might or might not convict that asshole.

    But there is NO jury that will convict you just for registering under a false name, whatever the law says. There's no DA that would bring a such a charge.

    1. Re:THIS IS NOT A PRECEDENT by i · · Score: 1

      "There's no DA that would bring a such a charge."

      You are VERY naive.

      --
      Mundus Vult Decipi
    2. Re:THIS IS NOT A PRECEDENT by ffflala · · Score: 1

      "There's no DA that would bring a such a charge."

      You are VERY naive.

      And you're VERY quick to insult. Do you have anything to support your belief?

      My opinion comes from working with DA's, and later checking their output at the appellate level. I've been in the justice system for several years, on both coasts and in three states.

      What professional contact have you had with DA's, besides reading about them in the news?

  75. BWS by Anonymous Coward · · Score: 0

    "Your feelings are not protected by the constitution of the United States of America. If your Pussy hurts, get some Vagisil." -- Carlos Mencia

  76. 3 Misdemeanor Convictions by Anonymous Coward · · Score: 0

    Surely some kind of medal would be more appropriate, no?

  77. Read the ToS!! by Liandros · · Score: 1
    Why does everyone(ok not everyone, but some people) seem to think that ToS's should be ignored? and if you go against them, it's somehow alright.

    You go onto Myspace to create a fake pseudonym to harass someone. This is against the ToS which you must agree to to use myspace. You then get caught for harassing someone. According to some people its ok because "nobody reads the ToS".

    If I go out and stab someone, can I use the excuse "It's not my fault. I didn't know it was wrong because I didn't read up on what's legal and illegal to do"? If you don't agree, don't use the service! Ignorance is not an excuse.

    Lori Drew accepted the ToS, and went against it. She got charged for it. If you violate it and get caught, then why should you be pitied either? It's your damn fault.

  78. And now for the unpopular view by jandersen · · Score: 1

    She now faces up to 3 years in jail and $300,000 in fines -- a troubling precedent for anyone who has ever registered with a website under a pseudonym

    Here we have some person who has mercilessly bullied a vulnerable child to suicide, and she is let off as easily as this. On the other hand, if a loving spouse helps their helpless, hopelessly ill other half end their suffering at their own request, the starting point for prosecution is a charge of murder. It seems to me that there is something desperately wrong with our society and laws, if you are a murderer for doing something good out of love, but it is only a misdemeanor when you cause the death of a child because you are a vicious bitch.

    It seems to me that you completely and utterly miss the point here. The jury and the prossecution didn't have the tools needed to punish what was clearly an evil person committing callous acts of cruelty resulting in the death of a child; so they try to hit as hard as possible wherever possible. The problem here is not that you can now end up in jail for giving a false name on the web, but that the law is inadequate.

    1. Re:And now for the unpopular view by Shadowmist · · Score: 1

      That's a distortion of the fact. Lori Drew isn't ending up in jail because she created a false MySpace persona. She's ending up in jail because her actions at the very least were a source of major emotional trauma and are a major part of the reason for another's death.

  79. not the same thing, not by a mile by misanthrope101 · · Score: 1

    I've antagonized peers. People in my own age group, income group, and approximate mental status. As an adult, I don't antagonize young teenagers, or those subordinate to me at work, or people who I just think can't handle it mentally. Picking on my peer at work isn't the same thing as me, as an adult, targeting a young teenager to torment. What she did is unconscionable. What's more, she didn't just make a mean one-off statement in a fit of anger; she systematically set out to destroy this young girl's mental status. The thought of someone my age picking on a kid that age is no less repulsive than that of a person exploiting another kid's insecurities and need for love for sex. She got her kicks at tormenting a young teenager.

  80. Parents by kel+stephens · · Score: 1

    While it's horrible what this woman did, it's also horrible what's happening to her. When are the parents going to stnad up and accept some responsibility? The girl clearly had issues, and they let her go on the internet unmonitored? Guess they weren't worried about child predators either. The girl committed suicide, something was bound to set her off. It's like blaming video games for school shootings.

  81. Story is incorrect... by Anonymous Coward · · Score: 0

    The issue was not registering with a pseudonym, the issue was the use of the fictional "character". ;)

  82. Horsewhipping by Robber+Baron · · Score: 1

    Lori Drew should be publicly horsewhipped! I don't care if she used an alias, the fact that she, a 49 year old woman messed with the mind of an ill 13 year old is wrong on more levels than I can delineate. In fact I could make her punishment significantly worse. The only mitigation that I can possibly envision is that she herself is also mentally ill. She certainly demonstrates that she shares the mental age of her victim. In that case as good thrashing is what is in order...just like what you do to other delinquent kids.

    --

    You're using her as bait, Master!

  83. Predictable jail fetishists by dugeen · · Score: 1

    Same old same old from the authoritarians on here. So long as someone gets put in jail, it doesn't matter that registering with a website under a net name is made a criminal offence along the way. I just hope they registered with Slashdot under their full legal names, that's all I hope. Are you football or baseball?

    1. Re:Predictable jail fetishists by DragonWriter · · Score: 1

      So long as someone gets put in jail, it doesn't matter that registering with a website under a net name is made a criminal offence along the way.

      Except that nothing in this case does that. Its only a criminal offense if the authorization you are given from the owner of the website to use their service prohibits that.

      If you give someone conditional permission to use your property, they can't use it inconsistently with that conditional permission. Its true if its your house or their car. That it is a computer system accessed over the internet doesn't change that.

  84. qoute by Anonymous Coward · · Score: 0

    "She now faces up to 3 years in jail and $300,000 in fines â" a troubling precedent for anyone who has ever registered with a website under a pseudonym."

    Let me fix this for you

    "She now faces up to 3 years in jail and $300,000 in fines â" a troubling precedent for any [adult] who has ever registered with a website under a pseudonym [to harass a child]."

    There, now it's accurate. Of course, now you can't wear your tinfoil hat.

  85. CAREFUL!!!! by mangu · · Score: 2, Funny

    I will just tell you the world and the US would be a better place without you.

    That's exactly what Lori Drew said. Look where it got her.

  86. The State can't do that by mangu · · Score: 1

    What I'm saying is the state needed to punish her, so the state found a way.

    I hope sincerely that you don't work for any law-enforcement agency. That attitude of yours is what prompted the US founding fathers to create the Bill of Rights". The state is so powerful that it cannot just "find a way" to punish someone they think they "need" to punish.

  87. I hate what Drew did... by Anonymous Coward · · Score: 0

    But I also know and have seen power abused.

    No need to open any more loopholes/take more power from the people.

    Her prosecution, if !lawful!, needs to be approached carefully.

  88. Clearly spells the end of cloud computing by xtronics · · Score: 1

    Best to own your own computer programs and SMTP server. If this stands, it has profound implications.