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Judge Tosses Out Lori Drew Ruling

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RootbeaR's Avatar
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02-Jul-2009, 05:44 PM #1
Judge Tosses Out Lori Drew Ruling
"The Lori Drew verdict finding her guilty of computer hacking because she may have broken MySpace's terms of service (without even having read them) was a classic example of prosecutors trying to stretch the law to punish someone who did something they didn't like, but which wasn't against the law. The implications of the ruling were quite troubling, in that they could turn almost anyone into a criminal if prosecutors wanted to charge them as such."
http://techdirt.com/articles/20090702/1232585439.shtml
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02-Jul-2009, 08:58 PM #2
While the actions of Lori Drew were Juvenile to say the least, they indeed were not in violation of a law. Whether her actions actually prompted Megan Meier to commit suicide has not been proven though Lori's actions may have been contributory. Should she be permanently banned from Myspace? If that is Myspace's decision for violation of their Terms of Service, then yes. Should she be convicted of Hacking Into a computer system? No, she commited her violation of the Terms of Service after accessing Myspace via normal means by which anyone can access them, this is not a crime. If the prosecutors cannot punish her under an existing violation of a Law that was in effect at the time it was committed then they should back off. If Megan's Parents can prove by documentation that what Lori did caused her to commit suicide, then they may have a Cival Suit against Lori on the grounds of Wrongful Death.

Please don't get me wrong, I think that what Lori did was reprehensible, Wrong, and cruel. But, to change the interpretation of the law after the fact just to create a means of punishment for something is also wrong and leads it's way to farther reaching Big Brother control of everything.
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03-Jul-2009, 06:27 AM #3
Quote:
Originally Posted by dustyjay View Post
While the actions of Lori Drew were Juvenile to say the least, they indeed were not in violation of a law. Whether her actions actually prompted Megan Meier to commit suicide has not been proven though Lori's actions may have been contributory. Should she be permanently banned from Myspace? If that is Myspace's decision for violation of their Terms of Service, then yes. Should she be convicted of Hacking Into a computer system? No, she commited her violation of the Terms of Service after accessing Myspace via normal means by which anyone can access them, this is not a crime. If the prosecutors cannot punish her under an existing violation of a Law that was in effect at the time it was committed then they should back off. If Megan's Parents can prove by documentation that what Lori did caused her to commit suicide, then they may have a Cival Suit against Lori on the grounds of Wrongful Death.

Please don't get me wrong, I think that what Lori did was reprehensible, Wrong, and cruel. But, to change the interpretation of the law after the fact just to create a means of punishment for something is also wrong and leads it's way to farther reaching Big Brother control of everything.
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04-Jul-2009, 08:58 AM #4
It is a fact that Lori Drew engaged in deception by concocting a fraudulent representation of the originator of the account. The main purpose of the account was to deceive the girl that committed suicide.

-- Tom
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04-Jul-2009, 01:20 PM #5
As I said, WHAT she did was wrong on many levels. Mean and cruel. But at the time she did it, did she do it with the purpose of forcing Megan to commit suicide? At the time she did it, there were no laws that I know of making Violation of Terms of Use by making a false profile a criminal act unless the purpose was to gain contol of a computer system or network for criminal activity. THe sole recourse to her violation of the terms of use at the time was denying her access to Myspace. What the Prosecutors were doing was trying to bend an mold a law to fit the purpose they wanted. Had she actually done this in an attempt to make the girl commit suicide then they could have used other laws to prosecute.

Again, please do not get me wrong, I do not support what Lori Drew did! I likewise do not support altering the perception of laws to punish a non-crime as though it were actually a crime. In many places there are now Cyber-Bullying laws in effect. At the time in Missourri there was no law to charge Lori Drew with. THat is why it was decided to go after her in a state that she did not commit her act of stupidity in. Which in itself should have seen the case thrown out of court. If Lori were to commit the same act today then she could be tried for a Crime. At the time she did is a different story. Do I think that she could in some way, as I said earlier, have a suit of Wrongful Death filed against her? I would say yes to that.
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