December 12, 2008 by Robert Tharp at 3:30:52 pm
In MySpace mom cyberbullying case, prosecutors may have reached too far
There's no argument that Lori Drew's behavior was despicable. The Missouri mom created a fictitious MySpace account and "cyberbullied" her daughter's former friend before the heartbroken girl committed suicide in 2006. But there are real questions about whether federal prosecutors got it right when they used the Computer Fraud
and Abuse Act to win a conviction. The successful prosecution hinged on the argument that the woman violated the Myspace terms of service, which obligates users to provide "truthful and accurate" registration information. If role playing on the Internet is a crime, then our federal prisons will soon be overflowing. "A law that was created to protect federal and bank computers has now been expanded to include most computers and the Internet," says technology attorney Peter S. Vogel of Gardere Wynne Sewell LLP. "Most courts accept a Web site's Terms of Service as a binding agreement even though few individuals ever read them, but this will be the first time that is tested in this type of criminal case." To interview Mr. Vogel about cyber contracts, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.
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