Cyber-bullying Suicide Case Overruled by Judge
MySpace Violation Leads to 13-Year Old Committing Suicide
Jul 7, 2009
US federal cyber-bullying laws came under recent attack as a US federal judge tentatively reversed three misdemeanor convictions against the mom convicted in the social networking site, MySpace, suicide case.
Lori Drew, the Missouri woman who was accused of setting up a fake profile on MySpace, was convicted of allegedly violating a federal computer fraud law, the Computer Fraud and Abuse Act.
The charges stemmed from the death of 13-year old Megan Meier who committed suicide in October 2006 resulting from Drew's scheme that violated MySpace's terms of service. Drew adopted a fake identity to gain access to one of her daughter's classmates, Megan Meier.
Judge Overrules Jury
US District Judge George Wu set aside the jury's verdict which convicted Drew of three misdemeanor counts of accessing protected computers without authorization. He did note the ruling was tentative until he issues it in writing.
US attorney Thomas O'Brien, who prosecuted the case, said the law needed to be strengthened.
"We call it cyber-bullying and we don't have a law to address it," O'Brien said at a news conference. Prosecutors have the option of appealing the case.
Congresswoman Disappointed in Decision
California Congresswoman Linda Sanchez said in a statement the decision is disappointing, "but is a direct example of why we need laws to address new crimes like cyber-bullying."
"What Lori Drew did was egregious and she should be brought to justice," Sanchez said. "She has been walking free for over three years, while her victim's family has been suffering greatly. Cyber-bullying should be treated as a serious crime and prosecutors should be better equipped to deal with serious consequences."
Sanchez pointed out Wu's decision to dismiss the charges shows that new legislation is needed. Sanchez has suggested a law that would criminalize online harassment.
"I applaud the US Attorney for this indictment fighting cyber-bullying," she said.
New Cyberbulling Legislation Needed
Specifically, Sanchez has introduced the Megan Meier Cyber-bullying Prevention Act which would make it a crime to send electronic communications "with the intent to coerce, intimidate, harass or cause substantial emotional distress to a person." Severe online bullying must have consequences, Sanchez said.
California prosecutors brought the case against Drew as Missouri authorities were unable to file any charges at the time because there was no applicable state law. Missouri has since enacted a cyber-bullying law that criminalized harassment by means of computers and other electronic devices.
The trial was held in Los Angeles as the MySpace servers are in the area.
Sanchez maintained no state or federal laws directly criminalizing cyber-bullying existed at the time of Drew's alleged crime.
"I am impressed with the federal prosecutor's creativity bringing these charges forward," she said. "We need to give prosecutors clearer laws they can use to go after those who engage in cyber-bullying."
