Judge to Throw Out Myspace Hoax Convictions

MSNBC reports that U.S. District Judge George Wu has tentatively ruled to throw out the MySpace Hoax convictions against Missouri mom Lori Drew who was convicted on misdemeanor counts of accessing computers without authorization stemming from her role in perpetrating a MySpace hoax against a 13-year-old neighbor girl who ultimately committed suicide.

The Myspace Hoax case was the "first of its kind" and often referred to as the the nations first "cyberbullying" case.

Prosecutors alleged that Drew masterminded the MySpace Hoax in an effort to humiliate 13-year-old Megan Meier who Drew believed called her daughter a lesbian. To get back at Megan, Drew, along with her daughter and business assistant, helped create a fictitious teen boy on MySpace and sent flirtatious messages to the girl in his name. Acting as the fake boy, Drew then dumped Megan in a message saying the world would be better without her.

Sadly, Megan committed suicide by hanging herself in Octorber of 2006.

Since Drew didn't actually kill Megan, prosecutors sought to hold the Missouri mom responsible for her death by indicting her under the federal Computer Fraud and Abuse Act, which in the past has been used in hacking and trademark theft cases.

Prosecutors alleged that the MySpace Hoax created by Drew violated the social networking site's terms of service and, therefore, fell within the purview of the Act.

In November, the Missouri mom, who was originally charged with felonies, was convicted of misdemeanor counts of accessing computers without authorization for her role in the MySpace Hoax.

Prosecutors were seeking the maximum three-year prison sentence.

Drew's criminal defense lawyer, Dean Steward, chastised the U.S. Attorney for ever prosecuting this case. "Shame on the U.S. attorney for bringing this case. The St. Louis prosecutors had it right," Steward said. "The cynic in me says that (U.S. Attorney) Tom O'Brien wanted to make a name for himself or to keep his job."

Steward went on to add that "the government's case is all about making Lori Drew a public symbol of cyberbullying."

It seems as though Judge Wu agrees with Steward. In tentatively reversing the MySpace Hoax convictions against the Missouri mom, Judge Wu stated "you could prosecute pretty much anyone who violated terms of service." Judge Wu fears that if the MySpace Hoax conviction stand then anyone who has ever violated the social networking site's terms of service would be guilty of a misdemeanor.

Written by Gabriel Dorman
gabedorman@gmail.com
www.criminaldefenseduilawyer.com/blog/