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November 26, 2008 1:12 PM PST

Report: Mom in MySpace hoax found guilty on lesser charges

by Caroline McCarthy

Lori Drew, the Missouri woman who created a fake MySpace profile that she allegedly used to harass a teenage girl to the point of suicide, was convicted of three offenses far more minor than the ones she could have been, the Associated Press wrote Wednesday.

Drew, indicted in May by a federal court after Missouri prosecutors could not find evidence of a state crime, had been charged with one count of conspiracy and three counts of "accessing protected computers without authorization to obtain information to inflict emotional distress."

On Wednesday, a federal jury in Los Angeles failed to reach a verdict on the conspiracy charge. In addition, Meier was not convicted of the three felony charges of accessing protected computers, but was instead found guilty of three related misdemeanors.

Drew had faced up to 20 years in prison, but now faces a year in prison and a $100,000 fine for each of the three misdemeanors.

According to the AP, U.S. District Court Judge George Wu declared a mistrial on the conspiracy charge, but it is not yet clear whether Drew will be retried on it.

The harassed teen, 13-year-old Megan Meier, committed suicide in 2006. She was a classmate of Drew's daughter Sarah.

The Electronic Frontier Foundation spoke out in opposition to the charges against Drew in August, saying that millions of Americans could be considered criminals in accordance with the Computer Fraud and Abuse Act because of the charges' basis in a terms of service violation.

Caroline McCarthy, a CNET News staff writer, is a downtown Manhattanite happily addicted to social-media tools and restaurant blogs. Her pre-CNET resume includes interning at an IT security firm and brewing cappuccinos. E-mail Caroline.
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by Pause2Reflect November 26, 2008 1:24 PM PST
It's now precedent. Laws created to target computer hacking have now been successfully applied to prosecute and convict someone merely for violating provisions of a Web site's "Terms of Service."

Amazingly, most people still think this *case* was about Megan Meier's tragic suicide, rather than Ms. Drew's violation of a Web site's extensive "usage rules." I have never made a prediction with more confidence: many of those pleased by the defendant's deserved comeuppance will someday regret the further damage this case has done to civil liberties.

That's what happens to freedom when people don't pay close enough attention -- it gradually disappears.
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by theonlybuster November 26, 2008 1:45 PM PST
In my opinion that's still the stupidest thing in the world. It's the equivalent of saying bullying someone and calling them names will get your a trip to prison. I'm not saying it's morally correct, but it sure as hell doesn't deserve a sentence.
...Cyber-bullying. There's a reason 95% of all websites and messenger services have a Block/Ignore option.
Reply to this comment
by KiddingMe555 November 26, 2008 1:46 PM PST
You're worried about losing the freedom for a grown adult to emotionally torture children??? Get real.
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by Renegade Knight November 26, 2008 2:22 PM PST
They are worried about onesided TOS and EULAs that take away our civil liberties. They pointed out that the real crime was never prosecuted directly. Only indirectly.
by SeizeCTRL November 26, 2008 2:08 PM PST
We could avoided the trial by simply killing her daughter in front of her and calling it even. Yes it's cruel, but if Megan's mom has to live with out her daughter, then it seems only fitting that Lori suffer the same fate, especially since she is responsible.
Reply to this comment
by honorable1 November 26, 2008 2:11 PM PST
Poor KiddingMe555. It's the parents fault and the kid's fault pure and simple. No one forced the little wench to go kill herself because she had a lack of self esteem. I don;t care what the othe rmother told her, the ONLY reponsibility in this case was the one who killed herself. If anyone is to be punsihed for anything, it should be the Mother of the little wench. It should be obvious to anyone with half a brain stem that this is a classic dysfunctional family and the little wench wasn't getting the 'help' she needed to. That rest squarely on the parents and the pharmaceutical industry that was using her as a guinea pig. Not having self respect and not having self control and not having self confidence are PERSONAL problems, they are not other's problems no matter how much you want to place responsibility on a third person. It might be cruel, it might be approbate, for someone to 'take advantage' of the little wench's 'problems', but the parent did NOT tell them to kill herself. She made that decision by herself.

So long America...welcome to the new United Socialist C(rybaby) States of Amerika. The land of the 2 year old, self aggrandizing, welfare, keep up with the Jonses', take no personal responsibility, ask for handouts buynch of sissies ever to walk the earth. I am incensed and ashamed to be an American, and am well on my way to fulfilling my earnest desire to get the he!! out of this truly "God foresaken", lawless, hedonistic, cesspool.
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by Renegade Knight November 26, 2008 2:26 PM PST
Once again someone blames the parents. That must be easy to do these days. It's a huge bandwagon and everone is on it. Clearly your parents are at fault for raising you to be the kind of person to write what you did. They may as well have put the very words in your mouth.

If you really believe in personal responsiblity you would not have blamed the parents. You would also have assigned some of it to the mom for being a petty and vindictive person.
by martin1212 November 27, 2008 12:15 PM PST
I don't think any other country would want you.
by magicmarcie November 26, 2008 2:16 PM PST
I personally hope someone puts a large caliber bullet right through her brain.
Reply to this comment
by Pete Bardo November 26, 2008 2:20 PM PST
Pause2Reflec -- So you don't think the terms of service, and your implied agreement to those terms, constitutes a contract? I suppose breach of contract is a civil case, not criminal. I don't know, not a lawyer or anything like that.

theonlybuster -- I don't know about you, but my experience with bullies consisted of far more than calling names. It usually was accompanied by violence or threat of violence, both of which are criminal offenses.
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by honorable1 November 26, 2008 2:29 PM PST
Thats funny Renegade: you just became a Hypcrite when you stated "Clearly your parents are at fault for raising you to be the kind of person to write what you did."...The PROOF of all I just said is in your post. What a laughing stock..
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by honorable1 November 26, 2008 2:34 PM PST
And Ms. MagikMarcie (misspelled to make a point that will be lost on you), Whatever happedn to "Sticks and Stones May break my bonews but words will never harm me" ? Sounds like you're on the same bandwagoin as the rest of the drivel (socially engineered sheep) and fell-good's on this board. Take personal responsibility and your life can change for the better.

And Pete: you suppoes right. NOTHING is prosecutable in this case under the law. The prosecutor AND judge should both be 'forcibly' removed from their posts. This is a clear example of lawlessness and Politicall Correct garbage that only the British could top with their insanity.

And what does your 'experience' with bullies have to do with this case? Absolutely nothing.
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by pro_59_ssa November 26, 2008 2:37 PM PST
I WOULD NOT WORRY TO MUCH ABOUT ALL OF THIS S%@*. HER DAY WILL COME AND NOT TO LONG FROM NOW I GUESS........
Reply to this comment
by canubelievethis November 26, 2008 2:38 PM PST
Lori Drew and her daughter should have to be subject to extensive psychiatric evaluations, diagnosed, and if need be; court mandated to take whatever medication these personality disordered individuals need. And perhaps they should consider sterilization for the both of them. We do not need anymore of these particular traits introduced into our unsuspecting society.
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by honorable1 November 26, 2008 2:47 PM PST
Canubelievethis: The pharmaceutical industry and their cronies in Congress are the ones who should be investigated to prevent "anymore of these particular traits introduced into our unsuspecting society."

I won't defend L. Drew but I sure as heck wouldn't convict her on 'made-up' charges for some political hack's relection campaign.

This will likely be appealed and very likely she (lori) will be acquitted as she should be. You cannot (sanely) legislate morality unless you want us all to live in a dungeon.
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by Hank-in-NC November 26, 2008 2:59 PM PST
Light and irrelevant charges? What did you expect for a woman, charged with a very serious crime? I find it very interesting that those of you who complain that her prosecution and conviction on charges of breach of terms is a violation of her civil rights (to free speech) are precicely the same ones who cry foul when anyone dare mention anything that can possibly be construed as offensive (the definition of which is subject to change daily) or considered a "hate crime". Even mentioning certain words is subject to prosecution if said against women or "Afro-Aamericans". The disparity is illogical, but stereotypical of misguided liberal hog wash. (Pardon the rudundancy).

The woman comitted a serious crime, which lead to the self-inflicted death of her daughter's competition. What the mother did was cruel and as hateful as any other murder. It is high time that we as a society, that we hold women accountable and responsible. This leniency for women is has gond too far, and is direct gender descrimination. I DEMAND that we stop it NOW (all caps. intended).
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by martin1212 November 27, 2008 12:21 PM PST
It's rather comical that you and honorable1 are at opposite extremes on this issue, yet you both accuse the other side of being liberal/socialist. Perhaps if you tried to present arguments without slapping labels on anyone who disagrees with your opinion, we would get further.
by canubelievethis November 26, 2008 8:06 PM PST
honorable1: First of all, your self-righteous, condescending attitude regarding the death of this girl is deplorable. No matter how it occurred, it is a tragedy still the same. It is quite common for people with clinical depression to take their lives, regardless of age,(hello, they are depressed).
To have a mother/daughter team insult, belittle, and actually encourage her to take her life is something that deserves punishment. Maybe the wrong charges were applied-perhaps Karma will deal with these sickos
You obviously have some serious issues with the pharmaceutical industry, perhaps they have failed you or someone in your family. Maybe you are one of those people who espouse no medication, if so I suggest you try educating yourself. A good start would be "The Quiet Room", an autobiographical book by Lori Shiller and Amanda Bennett. Without medication, this bright, intelligent individual would still be struggling with the demons that are schizophrenia.
Attempting to make the point that people do not need medication is an asinine statement, that clearly shows how very little that you know, regarding the advances in the lives of people who have benefitted from them.
As for my sardonic, exaggerated comment on sterilization-it must have went over your half brain stem, and while here I would like for you to throw out the name of a family in this day and age that you think is "functional", and define it according to your esteemed Opinion.

As far as being ashamed of being American, I pity you. To the best of my knowledge this is still a FREE COUNTRY; no one is holding you here against your will. You could try posting for handouts, I am most definately sure, there are those(including myself), that will help you in your quest to get the he!! out of this "Godforsaken" country, and the sooner the better. Would be quite interested in in where you choose to go; going to be very hard to find somewhere with your "high expectations"!
Reply to this comment
by Michichael November 26, 2008 8:13 PM PST
Anyone else note it was a mistrial so the convictions don't matter?
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by channelc November 26, 2008 11:06 PM PST
The article fails to mention that the mistrial is ONLY for the conspiracy count. Not the three misdemeanors she was convicted of. Those still stand. she was
by channelc November 26, 2008 11:07 PM PST
Please ignore the last "she was" in my post :)
by canubelievethis November 27, 2008 12:59 PM PST
channelc, you are entirely correct, she was convicted on the three misdemeanors, and the other charge was declared a mistrial; martin1212 I totally agree with you!
Reply to this comment
by humanssssss November 28, 2008 3:13 PM PST
This sets a precedent that people can be criminally convicted for violating terms of use. Why can't people take responsibility on themselves to not read what they don't want to hear or read?!? Rather blame it on the person who is CREATING the message.

Pretty dumb.
Reply to this comment
by chuckles2008 November 28, 2008 4:22 PM PST
Alot of people are missing the boat here. Basically what this means now is that the Government can make up bogus charges that have no lawful/unlawful relevance just to get someone who according to State/Federal laws at the time did NOTHING wrong. From a moral standpoint, I would say that what she did was horrible. However, from a lawful standpoint (emotions aside) these charges should not hold up. I would wager to say that over 80% of people at one time or another have given bogus details when signing up for email accounts/social networks etc. Violating TOS is NOT a criminal offense. Therefore, these charges should be thrown out. Listen I think this young girls death was horrible and welcome federal/state laws regarding online bullying. However, these were in place when this incident occured and what we are left with is "prosecute at all costs."
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by Harrison912 December 1, 2008 10:22 AM PST
Thanks, Caroline, for this article. I'm on MySpace to socailly market my safety and security web site and I find it sad that this even happened. Bullying is wrong especially when an adult does it to a child.

Cyber bullying happens more than we think, that's why I have a product on my web site that helps parents keep an eye on their children's computer activity. If this girl's parents had been using a keylogger to monitor her activity online, they would have known what was going on and could have helped her to deal with it.

I can't add a link to my site here but if you want to check out the product yourself simply click on my screen name above to locate my web site address .
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by noni1985 December 9, 2008 8:03 AM PST
The only answer to problem of kid's safety online is by using age verification systems such as the innovative biometric age verification system provided by VerificAge (www.verificage.com):

- Establishes full segregation between adults and children online
- Does not use any kind of data base. Eliminating risks involved in storing and maintaining data.
- It does not identify the user personally but rather his/her age group category; therefore, the user's privacy cannot be jeopardized.
- The system is based on a "one time" biometric measurement that can distinguish a child from an adult with a very high accuracy rate.
- It can assert a user's age every time he wishes to access a website, content, or while interacting with others.

It seems that VerificAge's solution is going to change children's surfing culture on the Net and increase dramatically children's safety online.
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About The Social

CNET News' Caroline McCarthy is a downtown Manhattanite who believes that, despite popular opinion, the Web can actually help your social life. She's happily addicted to fun social-media tools from Twitter to Yelp to Facebook, sends an inordinate number of text messages, and has a tendency to waste time at the office reading restaurant blogs. Here, she explores all facets of the Web's gregarious side, as well as the unique tech culture in her home city of New York. (Don't call it Silicon Alley.)

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