Legal Theory Used in MySpace Suicide Criminalizes Website Lies

5-21-2008 National:

Some legal experts are criticizing the theory being used to prosecute a Missouri mother charged in connection with the suicide of a girl who used MySpace.

Lori Drew was indicted last week for her alleged role in creating an account in the name of a fictitious boy whose cruel messages were said to have led to the suicide of 13-year-old Megan Meier. Drew is charged with conspiracy and accessing protected computers without authorization.

The novel Internet theory in the case contends Drew violated MySpace’s terms of service when she created the fictitious account, the Associated Press reports. As a result, her use of the website amounted to illegal access of protected computers, the theory contends.

The illegal-access theory gives a business contract the force of federal law, the story says. Anyone who signs up for an online service using a fake name or e-mail address could be at risk of criminal prosecution under the interpretation.

Harvard law professor John Palfrey told AP the legal theory could have unintended consequences. "An application of a general statute like this might result in chilling a great deal of online speech and other freedom,” said Palfrey, who heads a task force on Internet safety convened by MySpace.

Drew has denied that she created the account or sent the messages to the girl. ..more.. by Debra Cassens Weiss