Lori Drew, the woman convicted of using a hoax MySpace profile to harass a teenage girl to the point of suicide, was acquitted by a Los Angeles judge on Thursday, Wired reported.
Judge George Wu overturned Drew's guilty verdict, which was issued in November, saying that if Drew had been convicted of a felony in the case, she would already have been sentenced. But because she was convicted of three misdemeanors--a significantly lighter offense than prosecutors originally sought--the constitutionality of the guilty verdict was less clear.
Drew, a Missouri resident, had been convicted of three misdemeanor counts of "accessing protected computers without authorization to obtain information to inflict emotional distress," each of which could have resulted in a year of jail and a $100,000 fine. But she hadn't been convicted of conspiracy, a felony that could've led to up to 20 years in prison.
The tragic situation unfolded in 2006, when Drew, her teenage daughter, and an 18-year-old employee of the family created a fake MySpace profile for a fictitious teenage boy that they used to harass one of Drew's daughter's classmates, 13-year-old Megan Meier. Meier hanged herself.
This was a situation in which traditional law did not align smoothly with the realities of the digital world: the prosecutors' argument was rooted in a terms of service violation, since MySpace officially outlaws impersonation and fictitious accounts.
Last year, the Electronic Frontier Foundation urged the courts to dismiss the case because of the precedent it could set. "Criminal charges for a 'terms of service' violation is a dramatic misapplication of the CFAA (Computer Fraud and Abuse Act), with far-ranging consequences for American computer users," the EFF said at the time, and argued that it could result in criminal charges for something as innocuous as a minor using the Google search engine.
Drew's lawyers had argued that the law being used against the defendant was vague and flawed, which the judge upheld Thursday when he threw out the guilty verdict. The Computer Fraud and Abuse Act is typically used against malicious hackers.
According to Wired, the judge argued for nearly 45 minutes with U.S. Attorney Mark Krause over the specifics of the CFAA.
Social-networking sites and other Web services can't be held liable in a sexual assault on a minor that stemmed from a meeting online, according to a ruling in a California appeals court that consolidated a number of complaints against MySpace on behalf of teenage girls and their parents.
Reuters reported late on Wednesday that the Second District Court of Appeals in Los Angeles cited the Communications Decency Act in coming to the conclusion. Claiming negligence and product liability, the plaintiffs had alleged that MySpace had failed to put in place age verification software or to keep profiles on a "private" setting.
Other federal courts have come to similar rulings. Last year, a Texas court ruled that the family of a 14-year-old girl who was assaulted by a man she met on MySpace could not hold the social network responsible. The girl in question had lied about her age when she created a profile, claiming to be a legal adult, and the court ruled that it was her parents' job, not MySpace's, to keep her safe.
This week's ruling in Los Angeles received a thumbs-up from MySpace and parent company News Corp. It could also have repercussions across other social networks and community-based Web sites, which have been subject to scrutiny from authorities over both safety and decency standards. Craigslist, for example, has faced a crackdown on sex-related ads after both allegations of rampant prostitution and a high-profile case in which a Craigslist encounter allegedly ended in murder.
The situation can be different, if there is actual harassment conducted through the social network, rather than an offline assault. In that case, if it appears that a Web service isn't doing enough to keep members safe while using the site, it can, in some cases, be held responsible.
Facebook and MySpace are working with state attorneys general to keep registered sex offenders out of their user bases, following allegations from lawmakers that they weren't doing enough to maintain a safe environment for minors.
On Thursday, the sentencing is expected in another Los Angeles court for Lori Drew, who has been convicted of three misdemeanors after impersonating a teenage boy on MySpace and harassing a 13-year-old girl allegedly to the point of suicide.
Drew could be sentenced to up to three years in prison and forced to pay a fine of $300,000, a far lesser sentence than she originally faced.
The city of Bozeman, Mont., has rescinded its long-standing policy that job applicants provide user names and passwords to social-networking sites such as Facebook and MySpace.
According to a press release (PDF) issued Friday:
The extent of our request for a candidate's password, user name, or other internet information appears to have exceeded that which is acceptable to our community. We appreciate the concern many citizens have expressed regarding this practice and apologize for the negative impact this issue is having on the City of Bozeman.
The city stopped the practice as of midday Friday, until it "conducts a more comprehensive evaluation of the practice," the release said.
Bozeman, which is about 100 miles north of Yellowstone National Park, found itself in the international spotlight this week when the local media reported that the city government's background check included evaluating job candidates' suitability based on their social-networking site postings. The city had been doing so for a few years.
The background check form stated: "Please list any and all current personal or business websites, web pages or memberships on any Internet-based chat rooms, social clubs or forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube.com, MySpace, etc."
Groups, including the Electronic Frontier Foundation, a digital rights organization, derided the practice.
"I think it's indefensibly invasive and likely illegal as a violation of the First Amendment rights of job applicants," EFF attorney Kevin Bankston told CNET News earlier this week. "Essentially, they're conditioning your application for employment on your waiving your First Amendment rights...and risking the security of your information by requiring you to share your password with them...Where does it stop? How about a photocopy of your diary?"
City Manager Chris Kukulski noted to KBZK TV that information wasn't sought until "you were conditionally offered the job." The passwords already received will remain the city's confidential property, the CBS affiliate reported.
Facebook's targeted advertising program is "materially different from behavioral targeting as it is usually discussed," Chris Kelly, the social network's chief privacy officer, said in remarks prepared for a Thursday morning hearing before two House subcommittees.
"In offering its free service to users, Facebook is dedicated to developing advertising that is relevant and personal without invading users' privacy, and to giving users more control over how their personal information is used in the online advertising environment," read the remarks for two subcommittees of the U.S. House of Representatives Committee on Energy and Commerce.
The hearing, titled "Behavioral Advertising: Industry Practices And Consumers' Expectations," was also slated to include testimonies from Jeffrey Chester, executive director of the Center for Digital Democracy; Scott Cleland, president of Precursor; Charles Curran, executive director of the Network Advertising Initiative; Edward Felten, director of the Center for Information Technology Policy at Princeton University; Anne Toth, vice president of policy and head of privacy at Yahoo; and Nicole Wong, deputy general counsel at Google.
Chris Kelly
(Credit: Kelly2010.com)Kelly, a White House staffer under President Clinton, has announced an exploratory bid to run for attorney general in California.
Social-media sites like Facebook, where members fill out extensive personal profiles that can detail everything from their music tastes to travel plans to political leanings, are at the forefront of new developments in behavioral ad targeting. The Facebook Ads program lets advertisers fine-tune their campaigns to reach specific demographics and audiences. Kelly insisted that this does not constitute an invasion of user privacy, an Internet-wide concern that the Federal Trade Commission has been exploring at the request of privacy advocates.
"The FTC's behavioral advertising principles recognize the important distinctions made by Facebook in its ad targeting between the use of aggregate, non-personally identifiable information that is not shared or sold to third parties," Kelly's remarks read, "versus other sites' and companies surreptitious harvesting, sharing and sale of personally identifiable information to third party companies."
Privacy concerns are nothing new to Facebook. The social network went through a user backlash over the introduction of its News Feed in 2006, and a bigger one over the controversial Beacon advertising program. More recently, a revision to Facebook's terms of use prompted consumer advocacy blog The Consumerist to highlight language that it said meant that Facebook claimed ownership of user profile data and photos.
"In February of this year, we looked to revise our Terms of Use, simplifying them to cut out as much legalese as possible and explain them in plain language," Kelly's remarks explained. "When we released a first version of our new terms, a blog misinterpreted our simplification of our copyright license, claiming that it meant we were seeking to own user content. The user reaction was predictably swift and severe, and we needed to choose among weathering the storm, revising the language, and introducing an entirely new process that would directly involve users in the governance of the site."
Facebook ultimately underwent a "notice and comment period modeled in part on the federal government's rulemaking procedure...(with) a user vote at the end of the process."
The points he tried to drive home the most: that Facebook members have extensive control over their personal information and that Facebook does not allow advertisers access to "personally identifiable" data in the Facebook Ads program.
Kelly also included a general mea culpa of sorts: "Perhaps because our site has developed so quickly, Facebook may have sometimes been inartful in communicating with our users and the general public about our advertising products," he stated. "We learned many lessons about the importance of user education and extensive control from the imperfect introduction of our Beacon product in 2007. As a result, Facebook continues to be dedicated to empowering consumers to control their information in both the noncommercial and the commercial context because we believe that should be the future of advertising."
A few other interesting tidbits from Kelly's remarks: out of Facebook's 200-million-plus active users, about 65 million are in the U.S.; more than 10,000 sites are using the Facebook Connect universal log-in product; and Facebook plans to continue the discussion-and-feedback-period strategy on any future changes to its "critical site documents."
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