Criminal Justice
Probation Recommended for Mom in MySpace Cyberbullying Case
Posted May 4, 2009 3:43 PM CST
By Martha Neil
A sentence of one year of probation and a $5,000 fine are the penalties recommended in a presentence investigation report for the defendant in a landmark federal cyberbullying case, reports Wired magazine.
Acquitted last year of the most serious charges against her, Lori Drew was convicted in November of three misdemeanor counts of violating the Computer Fraud and Abuse Act. She was found to have violated the terms of service of the MySpace social networking site in order to gather information about a teenage neighbor, Megan Meier.
The Missouri mom was publicly castigated after Meier committed suicide at age 13, allegedly prompted in part by a fake MySpace profile of a fictitious boy that Drew was accused of having a role in creating.
Attorney H. Dean Steward, who represents Drew, does not contest the probation recommendation. However, the suggested fine "is not in line with Ms. Drew’s finances," he says in a responding filing (PDF) provided by Wired.
Additional coverage:
Associated Press: "Lawyer: Probation recommended in MySpace hoax case "
ABAJournal.com: "Jurors Clear Lori Drew of Felonies in Landmark Cyberbullying Trial"
ABAJournal.com: "Legal Theory Used in MySpace Suicide Criminalizes Website Lies"
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Comments
B. McLeod
May 4, 2009 4:34 PM CST
This is where you might think she would shut up and pay the $5,000, and count herself lucky that the recommendation was so moderate.
Marie
May 4, 2009 10:52 PM CST
I’m not saying that what the woman did wasn’t bad, but isn’t the Computer Fraud and Abuse Act meant to keep people from “defrauding others” concerning stealing things (like money or property), not to keep people from saying mean things to one another. If she violated her terms of service because she was saying mean things, cancel her account, don’t charge her with a misdemeanor.
Everyone wanted to charge this woman with murder, but you can’t convict someone for murder when the person who died committed suicide. It technically would never make sense.
Let’s face it, there really wasn’t a law against what she did.
Once again, I’m not saying the woman was right, I’m just saying that there is no law to handle that type of behavior.
B. McLeod
May 5, 2009 12:55 AM CST
It does not appear she is contesting the convictions. Did she not, indeed, defraud another? I think it is more accurate to say there was not a federal felony law against what she did, but then, the recommendation does not even call for any time in the pen. The $5,000 seems entirely appropriate.
Jennifer
May 5, 2009 3:38 AM CST
What about cyber-harassment? There may not be a law, but I wouldn’t want my child to be susceptible to anyone telling her the world would be a better place if she were dead.
Al Veoli
May 5, 2009 5:13 AM CST
Comment removed by moderator.
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