User Charged With Felony For Using Fake Name On MySpace 931
Recently a user, Lori Drew, was charged with a felony for the heinous crime of pretending to be someone else on the Internet. Using the Computer Fraud and Abuse Act, Lori was charged for signing up for MySpace using a fake name. "The access to MySpace was unauthorized because using a fake name violated the terms of service. The information from a "protected computer" was the profiles of other MySpace users. If this is found to be a valid interpretation of the law, it's really quite frightening. If you violate the Terms of Service of a website, you can be charged with hacking. That's an astounding concept. Does this mean that everyone who uses Bugmenot could be prosecuted? Also, this isn't a minor crime, it's a felony punishable by up to 5 years imprisonment per count. In Drew's case she was charged with three counts for accessing MySpace on three different occasions."
Listen up (Score:1, Informative)
Keep in mind that this is much a much different situation than, say, that dumb kid who was facing years in prison for changing grades(people usually get off with community service and/or fines in such cases).
Not that it makes it any better... (Score:5, Informative)
It seems that because of that, IMO, the feds are out to nail her on whatever they can, not because of a site's terms of use policy. Though this would set a terrifying precedent.
Re:What the.... (Score:5, Informative)
This is about the girl who committed suicide.
http://www.msnbc.msn.com/id/24670474/ [msn.com]
And I agree. I think they should have taken a different angle in the prosecution.
Re:What the.... (Score:3, Informative)
This scared me at first that it was just another case of "Sheriff Joe Bob" not understanding what these internets are all about but, its not as bad as it sounds.
The Computer Fraud and Abuse Act is not as overbroad as the poster makes it out to be. As others have mentioned, this is the case where a mother created a fake online profile with the specific intent of harassing a girl (that ended up committing suicide). I haven't seen the court papers but she's most likely charged under the law NOT JUST for merely creating a fake profile, but for "intentionally accessing a computer without authorization, and as a result of such conduct, causes damage that results in" "Physical injury to any person" or "A threat to public health or safety". She can't be convicted just for faking a MySpace account. Tin foil hats off.
And yes, IAAAL.
Re:Jury Nullification (Score:3, Informative)
In the case of a criminal acquittal, they can't. Double Jeopardy would apply.
Re:What the.... (Score:1, Informative)
Also, god help you if you visit microsoft's website with firefox, violating their terms of use and getting 5 years of prison time for that.
As much as I hate MS, that is just pure lies. From the Microsoft.com ToS link http://www.microsoft.com/info/cpyright.mspx [microsoft.com] it doesn't even mention Explorer and the only mention of Windows is when referring to Windows Live search.
Re:Listen up (Score:3, Informative)
Please explain how "we can basically jail anyone that uses the web, a phone, or any device with a computer in it such as a car or a washing machine" in detail.
Or, are you arguing by hyperbole, which is basically a lie?
Impersonating or Anonymous? (Score:1, Informative)
Is there a difference between an anonymous internet identity and impersonating someone else to phish data?
This should be a key point in interpreting.
Re:Listen up (Score:3, Informative)
Under the law, and this has been tested repeatedly, you can call yourself anything you wish SO LONG AS THERE IS NO INTENT TO DEFRAUD. There is no legal requirement that you call yourself by your birth name, except on certain documents relating to property. Since there is no monetary loss here, there was no fraud. Deceiving someone SOCIALLY is not fraud. If it were, every high school clique would be in jail.
Re:What the.... (Score:3, Informative)
There's no law against tearing the tag off your own mattress. There's a law against tearing the tag off a mattress you're going to sell to a consumer.
People with allergies have a right to know their furniture isn't going to kill them. Once you've been informed by the tag on a mattress you've bought, you can do whatever you like to the tag.
Re:What the.... (Score:3, Informative)
Hypothetical situations most /.ers cannot even conceive of.
Re:Fudgepackers. (Score:2, Informative)
as horrible and disgusting as what Lori Drew did was, it does not make her responsible for Megan Meier's suicide.
Yes it does. Pretending to be someone else in order to exploit known suicidal tendencies and driving someone to suicide does make you responsible. That's why it's despicable: you're exploiting someone's state of mind to do them harm.
Violating Myspace's TOS is not a fucking felony, and it is NOT okay for DAs to decide to come up with some dubious legal strategy just to make someone pay.
I actually agree on this. Hopefully, Lori will show up dead one day and nobody will care, but in the meantime, it's only illegal to impersonate someone specific. Pseudonyms are protected.
Re:I'm George Bush (Score:3, Informative)
Re:What the.... (Score:3, Informative)
Then charger her with murder, or wrongful death, or being a bitch, don't throw random extra charges into the mix for "image" or "revenge". It sets a bad precedent, though probably an unenforceable one (how many people actually ever use their real names names online?).
Not following a ToS is in no way a felony, it is simple breach of contract, and thus a civil matter. Most courts probably wouldn't even hear it, since there is a VERY easy way of enforcement, banning people using pseudonyms (even if this is 50% of your user base).
This is out of touch, much of the history of the internet is based around people using handles and aliases, it never really matched the "real-world" model of identity, and probably never will. Trying to force it into this paradigm is just silly. Outside of my bank and university, my real name is no where represented online, not even MySpace or Facebook.
Re:I'm George Bush (Score:3, Informative)
I wish there was a way to implement an anti-witchhunt system. Make everything to do with big media cases take a 1 yr breather or something.