Rather than setting up a straw man and arguing that, how about reading the indicment and arguing the facts therein? I'm just sayin...Paladin, what took place was horrific, and various actions were certainly despicable. However, I truly doubt these charges hold up. If they did, this case would criminalize contract law on the internet.
Please understand the government claims that by not complying with MySpace's TOS (Terms Of Service), Lori criminally trespassed onto MySpace's computer. Were the government to prevail at trial, then not adhering to most any website's TOS would be a Federal crime -- as long as the website's server and a person's computer resided in different states.
Though I'm not a member, just on MySpace alone, I suspect hundreds of thousands of members have submitted false information.
LOL. I just couldn't resist. I'll be good. :angel:Come on. I KNOW you're not new here!!!
They were monitoring her interactions on the net. Megan could not even access her myspace account on her own because only the parents had the password to it. Her mom also did tell her to log off that fateful day, but the mom had a doctor's appointment and I guess she didn't have time to make sure she did.But ultimately, in this case,, Megan (and her parents-- who did not tell her her to turn off the freaking computer and quit talking to strangers).. who are responsible for her actions. IMO. Her PARENTS should have been keeping an eye on her, watching what she was doing on the net, and monitoring her behavior; taught her that people will not always be nice, and how to deal with it. They should have taught her how to protect herself.
Rather than setting up a straw man and arguing that, how about reading the indicment and arguing the facts therein? I'm just sayin...
Except that, you appear to be focusing upon an average joe signing up under a pseudonym to anonymously use a service for benign purposes as opposed to an adult signing up to purposefully stalk & harass a minor. As far as winning the case goes? I highly doubt the government will win the case, including but not limited to, the following reasons.If I had wanted to argue, (amongst many possible arguments) I think it's safe to say that the majority of internet users do not read the various Terms of Service contracts that they encounter and agree to once they click through. So a lack of intent could easily be argued. On the other side of that argument, prosecutors would surely claim that willful blindness to the terms of a contract is not an excuse.
I imagine cyber harassment/stalking victims would disagree with this assessment. However, here is a reasonable paper addressing the issue. (click here) I also urge you to check out the case of Duwayne Comfort who was the first individual prosecuted for cyber stalking/harassment under California penal code 646.9.harassment is when someone is following you, threatening you, pushing you or having unwanted physical contact with you, invading your space, driving by your house repeatedly with the intent of watching you or making you afraid,, ganging up on you with others.... etc. (and then there's sexual harassment, which falls under 'unwanted physical contact'.. and bothering or threatening someone in a sexual way.)
Simply bc I admittedly wonder what kind of parents would allow their 12-year-old daughter to continue corresponding with someone after receiving a message like that? And secondly, what kind of woman (Drew) would pose as a preying paedophile in the first place?
I still just don't get it. unless someone has hacked into your computer to the point where you can't use it anymore and they are watching everything you are doing,, or something like that... or saying 'I know where you live and I'm going to come kill you' ... how is saying 'mean' things online 'harassment'? Again, a 13-yr old girl has NO business being on myspace anyway... and her mother should have known that. But the mother didn't want to intervene, and say NO-- because we are in the age of permissive parenting,, and 'everybody does it' mentality.
Also-- she did not 'meet' a boy online. Cyberchatting is not 'meeting'. In the old days, when you spoke with someone over the phone, did you say 'I met someone over the phone'? NO. You would say you met them when you saw them face to face.
Besides... was the mother not alarmed that she might be chatting with a 50-year old pedophile....??? And did she not teach her daughter about these dangers?
Also.. no one has brought up the fact that- it is widely understood- although I'm not sure there is absolute proof?)- she was on antidepressants which ironically list 'suicidal tendencies' as a side effect. Why is everyone blaming the woman, and no one is blaming the drugs......??? It's common knowledge that countless young people who are on these drugs, who already have issues to begin with.. often snap and go on shooting sprees, commit suicide, etc. It just takes one little trigger, that might otherwise be insignificant.
Except that, you appear to be focusing upon an average joe signing up under a pseudonym to anonymously use a service for benign purposes as opposed to an adult signing up to purposefully stalk & harass a minor. As far as winning the case goes? I highly doubt the government will win the case, including but not limited to, the following reasons.
Imho, item one, in and of itself, could be enough to get the case thrown out on its ear. Item two involves the issue of parental responsibility (or lack thereof). And, to me, is the most disturbing of all. Simply bc I admittedly wonder what kind of parents would allow their 12-year-old daughter to continue corresponding with someone after receiving a message like that? And secondly, what kind of woman (Drew) would pose as a preying paedophile in the first place?
- Megan was in violation of the myspace TOS age constraints.
- The parents allowed their daughter to continue corresponding with the fake "Josh" even after he sent the message that "invited M.T.M. to touch the "snake" of "Josh Evans."'
As for the law of unintended consequences? I personally think it's about time we (as in the universal we) address the very real issue of cyber harassment/stalking and the emotional and physical devastation it causes in the lives of victims. Whether or not this particular case will help us to move towards that end? Who really knows?
A rallying cry against cyberbullying
Lawmakers and Internet executives are perking up to the growing problem of kid bully fights on the Web.
Legislators are newly arming themselves with laws that will protect kids from being repeatedly harassed via the Internet, text messages, or other electronic devices. In recent weeks, Rep. Linda Sanchez (D-Calif.) and Rep. Kenny Hulshof (R-Mo.) proposed a federal law that would criminalize acts of so-called cyberbullying (PDF). And Missouri Gov. Matt Blunt was scheduled Friday to sign into state law a similar measure, but the event was postponed because of inclement weather in St. Louis.
Both state and federal laws were prompted by the suicide of Missouri 13-year-old Megan Meier, who was the victim of repeated harassment on MySpace.com. An adult neighbor was indicted in the case last month by a grand jury in Los Angeles not on charges of cyberbullying, but on charges of unauthorized access of a computer system with intent to harm another person. (Missouri litigators said they didn't have a law to prosecute the case at the time.)