Defense asks for dismissal of MySpace case

Defense lawyers for Lori Drew, a Missouri mother who allegedly used a MySpace account to bully a 13-year-old neighbor, filed three electronic court documents Wednesday asking for the case to be dismissed, according to the Washington Post.

The Post said Drew's lawyer H. Dean Steward wrote that the law being used to prosecute his client is flawed, unconstitutionally vague, and tries to criminalize behavior committed by millions online every day. The Computer Fraud and Abuse Act has so far been used to prosecute alleged hackers.

In the documents, he argued that the prosecution's case means anyone who violates the "terms of service" at a Web site could be prosecuted under the law, and that includes failing to read the "terms of service" when accessing Web sites. He wrote the law is "ripe for discriminatory enforcement."

Megan Meier, Drew's neighbor and a former friend of her daughter, committed suicide after Drew allegedly used a fake persona, "Josh Evans," to befriend and then break up with her.

Drew was indicted in May on a felony conspiracy charge and three counts of intentionally accessing a protected computer without authorization. She pleaded not guilty in a Los Angeles federal court in June. Conviction on all charges could result in up to 20 years in prison.

Missouri state law did not apply to the case, which caught the attention of the mainstream media a year after Meier's suicide. Soon after, the city where Meier lived . Members of Congress and some state legislatures are considering similar laws.

Prosecutors will have their chance to respond before a hearing scheduled in September.

[Shaymojack]

First she causes the girl to kill herself, and now she wants them to drop it? That's terrible.

[Lerianis]

It's not terrible, the lawyers actually have the right point in this case: that the law in question was not well known and that the way that it is written..... it is overbroad.

While what this woman did was terrible, the parents of the girl who committed suicide need to be blamed for some of this. Why? Because she was KNOWN to have mental problems, and they still let her onto the internet alone..... a place that doesn't care about ANYONE'S feelings.

[4schler]

not only does she want them to drop it, her lawyers are trying to get standing laws CHANGED only so that she won't be guilty.

"In the documents, he argued that the prosecution's case means anyone who violates the "terms of service" at a Web site could be prosecuted under the law," even though that's exactly why many terms of service agreements are enacted in the first place.

[Lerianis]

Actually, no, they aren't. ToS's are made so that corporations or organizations have a reason to DROP YOU if you are in violation of their TOS.... as long as said TOS isn't in violation of a state, local or federal law.
They are NOT meant to be used to sue someone, and to make a law saying that someone who violates a TOS is open to prosecution.... you are stretching things way too far.

[SeizeCTRL]

She should be forced to publicly disclose the phone numbers of her family so we can harass her and her family... then she might be singing a different tune.

[loserguy3000]

With all due respect to the deceased family and such, I'm startled at the lack of scrutiny and objective look this case isn't getting. While what this grown woman did was atrocious, and if anything should be held accountable for harassment... saying this particular harassment 'caused' this young girl to commit suicide is both ridiculous and a slippery slope we don't want to start coasting on.

This young girl was obviously suffering from severe emotional problems long before she decided to take her own life, ones her family (presumably) were at least incidentally aware of. Suicide isn't a one-action response; its the result of a build-up of emotional insecurities and most likely undiagnosed depression. It usually affects young teens strongly, with young women in particular falling victim to its disastrous clutches.

While the action's of this incredibly stupid older women were indeed traumatic, crediting her totally for 'causing' this girl to commit suicide is both wrong and deceitful to those who suffer with the problems of depression and isolation. Frankly, if this young girl was so quick to put such an unrealistic amount of trust into a complete stranger she hadn't even spoken to (text messages and chats are not speaking), then its pretty apparent her problems ran incredibly deep. Much deeper than getting 'dumped and ridiculed' by a person she never met, never spent any time with, never engaged in social activities, or never physically bonded with. Shame on the older women, but she did not cause this young woman to kill herself.

[loserguy3000]

With all due respect to the deceased family and such, I'm startled at the lack of scrutiny and objective look this case isn't getting. While what this grown woman did was atrocious, and if anything should be held accountable for harassment... saying this particular harassment 'caused' this young girl to commit suicide is both ridiculous and a slippery slope we don't want to start coasting on.

This young girl was obviously suffering from severe emotional problems long before she decided to take her own life, ones her family (presumably) were at least incidentally aware of. Suicide isn't a one-action response; its the result of a build-up of emotional insecurities and most likely undiagnosed depression. It usually affects young teens strongly, with young women in particular falling victim to its disastrous clutches.

While the action's of this incredibly stupid older women were indeed traumatic, crediting her totally for 'causing' this girl to commit suicide is both wrong and deceitful to those who suffer with the problems of depression and isolation. Frankly, if this young girl was so quick to put such an unrealistic amount of trust into a complete stranger she hadn't even spoken to (text messages and chats are not speaking), then its pretty apparent her problems ran incredibly deep. Much deeper than getting 'dumped and ridiculed' by a person she never met, never spent any time with, never engaged in social activities, or never physically bonded with. Shame on the older women, but she did not cause this young woman to kill herself.

[birdpiercefan3334]

@loserguy30000: This woman caused the breaking point to the child's collapse: a point that could have been turned around with guidance, not cyber-bullying. Thus, this woman is fully accountable, for the pent up emotional costs the young woman had could have been solved.

Such a tragedy, and this woman has the guts to try to get off, even when she confessed to being this fake account-er? That makes me sick.

[GlennAllen]

"Cyber-bullying" is a totally moronic and nonsensical term. Anyone who could "fall in love" with someone she had never even met clearly has deep-seated emotional problems which can squarely be laid at the feet of her parents and nowhere else. Drew performed a stupid prank, but that's about it. If you want to feel sorry for the girl, then feel sorry for her for having such clueless parents.

[KillWhale]

@GlennAllen: At 16 - 17 years old, who is emotionally stable? Moreover, if you feel that a person cannot fall in live with someone whom that person has never met, then you are wrong. Almost all my close female friends had one time or another, fallen in love with a chat buddy.
Just because you see the world as a square doesn't mean the world is a square.

[Heebee Jeebies]

The woman is a b**ch and if she had any class at all she would do everyone a favor and off herself too. She is a horrible person that has no moral value to the world at large and should also have he kids taken away from her as she is not a fit parent.

[goody98]

Heebee Jeebies... you know if the woman were to read your comment then kill herself, by the logic of this case and some of the others commenting on this case you could be charged with Cyber-bullying. You might want to think before you make comments like that in this new emerging digital age.

[goody98]

You know if they woman were to read your comment here Heebee Jeebies and your attack on her caused her to kill herself, under the logic of this case and some of your fellow commenters you could be charged with Cyber-bullying and then subject to all the things that the legal system is doing to her now.

You may want to be careful in what you say in this new exciting digital world we are forging.

[Willie Winkie]

I could not agree more! "Cyberbullying" is pure BS. Heck how many online daters have misrepresented themselves and their marital status. They have a fling and tell the other party to get lost. Mean behaviour? Yes. Crime? No way.