A Unique Legal Theory Serves as a Reminder to Blog Responsibly

Monday, May 26, 2008

Have you ever cre­ated a fic­ti­tious iden­tity in order to access an Inter­net site? If so, you may have vio­lated a fed­eral crim­i­nal statute.

Megan Meier, aged 13, thought she was chat­ting online with a 16-year-old boy named Josh Evans. In real­ity, she was com­mu­ni­cat­ing with Lori Drew, a 49-year-old mother who resided in the same St. Louis neigh­bor­hood. Drew claims that she cre­ated the fake iden­tity and set up a MySpace account in order to “gather intel­li­gence” about what was being said at school about her teenage daughter.

Megan was being treated for Atten­tion Deficit Dis­or­der (ADD) and depres­sion. Drew harassed, berated and belit­tled her. Megan”>Ten days ago, Drew was indicted by fed­eral pros­e­cu­tors who are employ­ing a unique legal approach to hold her account­able for her actions and their con­se­quences. Their novel approach has inspired legal com­men­ta­tors to rec­om­mend that “any­one who uses the Inter­net should be extremely wary.”

Unlike many states, Mis­souri did not have in place a law pro­tect­ing its cit­i­zens from the type of con­duct in which Drew is alleged to have engaged. So the U.S. Depart­ment of Jus­tice has evoked the same law that is rou­tinely used to pros­e­cute com­puter hack­ers, charg­ing Drew with one count of con­spir­acy and three counts of access­ing pro­tected com­put­ers with­out autho­riza­tion in order to obtain infor­ma­tion used to inflict emo­tional dis­tress on Megan. MySpace’s terms of ser­vice pro­hibit users from pro­vid­ing false infor­ma­tion when reg­is­ter­ing to use the site. The terms also bar solic­i­ta­tion of per­sonal infor­ma­tion from any­one under the age of 18 or to “harass, abuse, or harm another person.”

Drew faces a max­i­mum penalty of five years in prison on each of the four counts. This is the first time the hack­ing statute has been used to pur­sue a case aris­ing out of the use of a social net­work­ing site.

If the approach proves suc­cess­ful, rou­tine Inter­net behav­ior would be crim­i­nal­ized since users rou­tinely cre­ate accounts and post infor­ma­tion using pseu­do­nyms for com­pletely legit­i­mate rea­sons, not the least being a desire to main­tain anonymity and pro­tect their pri­vacy. How­ever, vio­la­tions of a website’s user agree­ment could lead to crim­i­nal pros­e­cu­tion, in addi­tion to civil lia­bil­ity and, much more com­monly, can­cel­la­tion or dele­tion of the account.

Among the con­cerns raised by the prosecution’s approach are free speech and other Con­sti­tu­tional con­sid­er­a­tions, includ­ing due process, given that the typ­i­cal unsus­pect­ing com­puter user has no idea that, by uti­liz­ing a fake iden­tity, he/she may be com­mit­ting a crime.

The case is a “wake up call” to all Inter­net users. When reg­is­ter­ing for an account on any Inter­net site, you should care­fully review the terms of ser­vice prior to click­ing “I agree” (or sim­i­lar ver­biage) because users will be deemed to have read and under­stood those pro­vi­sions before pro­ceed­ing to access the site. It also raises seri­ous con­cerns about Inter­net safety and secu­rity, and serves as yet another reminder to all blog­gers and users of social net­work­ing ser­vices to behave respon­si­bly online. Your free­dom may depend upon it.


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{ 25 comments }

1 Polina Tuesday, May 27, 2008 at 8:27 am

The main prob­lem with Drew is not that she cre­ated a false account but that she used it for com­mit­ting the crime of “bring­ing to a sui­cide”. I sup­pose that it is her behav­ior that took her to jail, not cre­at­ing the false account. I won­der if she’d have the same pun­ish­ment if she’d do all this from a legal account or the pun­ish­ment would be different.

Poli­nas last blog post..Nat­ural Skin Care Reme­dies May Pro­vide More Relief Than Drugs

2 Frances Tuesday, May 27, 2008 at 10:44 am

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Twitter: @coffeebarchick

I can not tell you how I cried when I learned of this case via tele­vi­sion.
I will never for­get how the par­ents faces looked as they described find­ing their daugh­ter in that closet.
I’ll be pass­ing this one on to the group pronto.
Take care

Francess last blog post..24 hour Apple Store Fifth Avenue, New York

3 Andris Tuesday, May 27, 2008 at 11:01 am

Every thing has pos­i­tive and negi­t­ive side .But we should always take the pos­i­tive and move ahead.I think more and more peo­ple are using inter­net for bad rea­sons which is why the par­ents these days are very much wor­ried with their children.

Andriss last blog post..Design a wed­ding ring online!

4 SabineM Tuesday, May 27, 2008 at 8:49 pm

I think this woman should SPEND A LONG LONG LONG TIME in jail! What she has done is insane for an adult.…not that it is right for a teenager to have done what she did, but for a mom of a teenager, SHE IS DERANGED!
5 years is not enough, I think THIS ADULT and MOTHER should spend many many hours in ther­apy.. What she has done is deplorable!

I cried for the par­ents of the girl who com­mit­ted sui­cide too. I have a 14 year old daugh­ter and I KNOW how frag­ile they are at this age.…without the ADD and depres­sion they are so fragile.….any par­ent of a teenage daugh­ter will know what I am talk­ing about…

SabineMs last blog post..Enjoy­ing the great outdoors

5 carrie Wednesday, May 28, 2008 at 6:38 am

In my opin­ion, I think that par­ent, who was try­ing to pro­tect her daugh­ter, lost sight of her orig­i­nal intent and unfor­tu­nately has to pay the price. It would be great if all peo­ple (young & old) would use the inter­net with respon­si­bil­ity and care.

car­ries last blog post..Happy Birth­day

6 qualcosa di bello Wednesday, May 28, 2008 at 12:14 pm

janie, thanks for blog­ging this heart-wrenching story to raise aware­ness. i truly appre­ci­ate this & your other explo­rations of safety & pru­dence on line

qual­cosa di bel­los last blog post..buon com­pleanno, il mio ometto!!

7 Design Wednesday, May 28, 2008 at 2:24 pm

I don’t think there is any­one who didn’t have a fic­tional iden­tity at least once. But again, author­i­ties have more impor­tant prob­lems to deal with than arrest­ing you for chang­ing your name on an inno­cent form…

8 travel certificates Thursday, May 29, 2008 at 9:44 pm

Yeah its a shame that the par­ents get the brunt of it But it is there job to pro­tect there chil­dren, Some­times that can be hard to do.

9 apiksolutions Friday, May 30, 2008 at 2:20 am

After I read all of your arti­cles, I’m agree with you

10 MAGGIE AT COFFEESHOPMAFIA Friday, May 30, 2008 at 4:15 am

So many parts of story are impor­tant and scary. Great Post.

I grabbed it to link to you.

MAGGIE AT COF­FEESHOP­MAFIAs last blog post..A Unique Legal The­ory Serves as a Reminder to Blog Responsibly

11 Public Company Friday, May 30, 2008 at 3:01 pm

I blame the unper­son­al­ized rela­tion­ships. Peo­ple, espe­cially chil­dren are spend­ing way too much time using the Inter­net, and they are get­ting obsessed with it.

12 Monavie Friday, May 30, 2008 at 3:19 pm

Wow, I remem­ber see­ing this story on the news but it still is close to the heart. I don’t care if Megan was or wasn’t old enough to use Myspace, Lori knew who she was talk­ing to and she was com­pletely out of line. I agree that 5 years in jail isn’t enough. Lock her up for good.

13 diy help Saturday, May 31, 2008 at 1:22 am

Gotta say this is a reli sad story… I tink one thing tht lead Drew faces the penalty is bcos of the words she said had made a young child com­mit­ted sui­cide, as an adult she should never said those kinda things, too bad. This also alert the world tht on the Inter­net world, we shouldn’t trust ppl easily

14 Jenny Saturday, May 31, 2008 at 5:56 am

She should at least have mur­der charges brought against her in some way. If she hadn’t said any­thing that lit­tle girl would pro­lly still be alive. Wow. So she basi­cally got off with a slap on the wrist.

Jen­nys last blog post..Min­i­mal­ism At It’s Finest

15 SandyCarlson Sunday, June 1, 2008 at 4:00 am

All of this brings to light the fact that we really are not anony­mous on the Inter­net. We can be found; we leave a call­ing card wher­ever we go. We can cre­ate bogus anony­mous accounts to act out in anger or to be devi­ous or even kind; our tar­get audi­ence can delete our com­ments and move on or find us and shut us down. The beau­ti­ful les­son is that we can be held account­able for all our words. (I think this gets a lit­tle weird when deleted blog posts come up in the Google cache, though. Do we really need every dis­carded rough draft ever com­posed online?) The sim­ple les­son: if you can’t be nice, keep your mouth closed and your com­puter off.

Sandy­Carl­sons last blog post..Blog Your Bless­ings: Going for the Ride

16 Kristian Liebrand Monday, June 2, 2008 at 12:13 pm

It’s the respon­si­bil­ity of all the blog­gers that to fol­low the rules and reg­u­la­tions of the blog­ging com­mu­nity they belong to. They should not vio­late the rules and if they do so they will be expel from the com­mu­nity.
It should be looked by the blog­ging community.

17 PC Sport Live Monday, June 2, 2008 at 1:54 pm

It really is quite dis­gust­ing what this 49 year old woman did to a young girl of 13. So often its men been asso­ci­ated with acts of evil agaisnt the youth but it shows women can be just as vicious if not worse. Dri­ving this young girl to hang her­self was tru­ely sad­den­ing. I feel sorry for her family.

18 Myfinancebutler Monday, June 2, 2008 at 3:54 pm

There might not cur­rently be a law about this — but I agree that the mom should suf­fer full and severe con­se­quences — get­ting a fic­ti­tious name and destroy­ing the morale of a vul­ner­a­ble teenager is sim­ply sick, and insane, and can only come from the mind of a crim­i­nal. Hope­fully she is being eaten my guilt right now, and being pun­ished by her own conscience.

19 Record Management Tuesday, June 3, 2008 at 3:16 pm

its crazy how care­ful you have to be in todays world where any­thing you say could bring up a law­suit against you.
–Jessica

20 psi mom Tuesday, June 3, 2008 at 8:24 pm

That was unbe­liev­ably cruel. To think that an adult would stoop so low-she deserves the harsh­est pun­ish­ment they can dole out.

21 Ernesto Tuesday, June 3, 2008 at 9:26 pm

She def­i­nitely has to get the heav­i­est pun­ish­ment that can be meted out on her. An inno­cent life was snuffed out because of her stu­pid­ity; the con­cerned author­i­ties should bet­ter do right in giv­ing the proper jus­tice for the sake of Megan.

Ernestos last blog post..To Get Dirt-Cheap Apple iPhones: Go Online

22 allen Thursday, June 5, 2008 at 1:06 pm

Mon­avie wrote:“I agree that 5 years in jail isn’t enough. Lock her up for good.”

Its more like 20 years in prison. The arti­cle says: “Drew faces a max­i­mum penalty of five years in prison on each of the four counts.”

But the way the sys­tem is ran these days — she will keep the time she was in jail, time off for good behav­ior, etc. and be out in 5 years.

This is the first time I had heard about this, and its very sad. I can not believe that a mother would do this to a child.

23 qaswer Tuesday, June 10, 2008 at 4:53 am

There is one life and we should be per­mit­ted to spend it in our own way. I think she should be pun­ished more strictly.qaswers last blog post..Nancy Ajram News:

24 Prescription Drug Addictions Wednesday, June 18, 2008 at 1:18 am

To toy with such vul­ner­a­bil­ity is an act for me that is beyond com­pre­hen­sion. She should be put in an institution.

25 Rugsdoneright Wednesday, June 25, 2008 at 3:10 pm

I think the inter­net can be a dan­ger­ous place — because it gives you so much free­dom, and so much power. We must all learn to be respon­si­ble in using the inter­net, and using it to ben­e­fit, not harm, others.

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