Visit the U.S. Politics Online Discussion Forum Archives!

Sponsored by:

U.S. Politics Online: A Political Discussion Forum  

Bookmark Us! E-Mail DONATE NOW! Photo Gallery Document Archives Quiz! Register to Vote!!!
Go Back   U.S. Politics Online: A Political Discussion Forum > Issue Politics > Popular Crime Stories and Trials
Register Blogs FAQ Members List Calendar Mark Forums Read

Popular Crime Stories and Trials A forum to discuss high profile crime stories and trials, media circus trials, etc

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-02-2009
drgoodtrips's Avatar
Moderator
Feel the power of the dark side.

 
Member Since: Jun 2004
Location: Chicago
Posts: 21,735

   
"Cyberbully" Case Overturned

It appears that the judge tossed out the jury's verdict against the woman who was on trial for being mean to a 13 year old girl on MySpace, ostensibly causing the girl to commit suicide.

Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury | Threat Level | Wired.com

Quote:
Originally Posted by Article
LOS ANGELES — A federal judge on Thursday overturned guilty verdicts against Lori Drew, and issued a directed acquittal on three misdemeanor charges.

...

“I don’t see how the misdemeanor aspect would be constitutional,” he said, telling Krause that he had problems with the “vagueness” of the federal statute. “That is the issue I’m wrestling with at this time.”

...

Drew was accused of participating in a cyberbullying scheme against a 13-year-old girl who later committed suicide. The case against Drew hinged on the government’s novel argument that violating MySpace’s terms of service for the purpose of harming another was the legal equivalent of computer hacking.
Given the nature of the charges on which the woman was convicted (essentially that one can be criminally liable for violating the TOS of a website), I'd say that this bodes well for freedom going forward in the online sphere. While the woman's actions are certainly both despicable and pathetic, I think the only question is whether she could be charged with some sort of manslaughter or not. The charges that wound up being levied against her relating to MySpace's TOS are preposterous, reek of desperation for public approval, and set a horrendous precedent (i.e. if you go on eharmony.com and list yourself as "fit" instead of the "average" that you really are (or whatever) you could do jail time).

I'm glad the judge ruled the way he did and that she was not ultimately convicted of "unauthorized computer access".
__________________
"Government big enough to supply everything you need is big enough to take everything you have... The course of history shows that as a government grows, liberty decreases."

-Thomas Jefferson
Reply With Quote
  #2 (permalink)  
Old 07-02-2009
Eagle88's Avatar
U.S. House Representative
Proud to be American

 
Member Since: Nov 2006
Location: United States
Posts: 687

United_States     Nevada

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by drgoodtrips View Post
It appears that the judge tossed out the jury's verdict against the woman who was on trial for being mean to a 13 year old girl on MySpace, ostensibly causing the girl to commit suicide.

Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury | Threat Level | Wired.com



Given the nature of the charges on which the woman was convicted (essentially that one can be criminally liable for violating the TOS of a website), I'd say that this bodes well for freedom going forward in the online sphere. While the woman's actions are certainly both despicable and pathetic, I think the only question is whether she could be charged with some sort of manslaughter or not. The charges that wound up being levied against her relating to MySpace's TOS are preposterous, reek of desperation for public approval, and set a horrendous precedent (i.e. if you go on eharmony.com and list yourself as "fit" instead of the "average" that you really are (or whatever) you could do jail time).

I'm glad the judge ruled the way he did and that she was not ultimately convicted of "unauthorized computer access".
I think I have to agree as well. The legal repercussions of convicting the woman could have been horrible. I, like you, don't approve of what she did but I don't know how one could be convicted of murder or something else like that for violating a TOS.
__________________
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, ... That to secure these rights, governments are instituted among men,"
-Declaration of Independence

Two truths that many Americans seem to have forgotten:
1. Men are endowed by God with inalienable rights.
2. Government's purpose is to secure man's God-given rights.
Reply With Quote
  #3 (permalink)  
Old 07-02-2009
Secretary of Defense

 
Member Since: Aug 2008
Location: Hohenwald
Posts: 2,187

United_States     Tennessee

Re: "Cyberbully" Case Overturned

I fully concur with the judge's decision. The charges brought against this woman were inappropriate to the offense. However, I regret that the woman, who obviously participated in activities which resulted in harm to a young girl, may now go scot-free.

One other thing is troubling about this case. The "informant" who served as the principal witness for the government was given immunity from prosecution, even though she played a key role in the plot to harm Megan Meier.
Reply With Quote
  #4 (permalink)  
Old 07-02-2009
fishjoel's Avatar
Secretary of Defense

 
Member Since: May 2009
Location: Pennsylvania
Posts: 2,044

United_States     Pennsylvania

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by drgoodtrips View Post
It appears that the judge tossed out the jury's verdict against the woman who was on trial for being mean to a 13 year old girl on MySpace, ostensibly causing the girl to commit suicide.

Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury | Threat Level | Wired.com



Given the nature of the charges on which the woman was convicted (essentially that one can be criminally liable for violating the TOS of a website), I'd say that this bodes well for freedom going forward in the online sphere. While the woman's actions are certainly both despicable and pathetic, I think the only question is whether she could be charged with some sort of manslaughter or not. The charges that wound up being levied against her relating to MySpace's TOS are preposterous, reek of desperation for public approval, and set a horrendous precedent (i.e. if you go on eharmony.com and list yourself as "fit" instead of the "average" that you really are (or whatever) you could do jail time).

I'm glad the judge ruled the way he did and that she was not ultimately convicted of "unauthorized computer access".
Judge should have awarded the right to the dead girl's parents to one free, doctor supervised, asskicking.
__________________
A government which robs Peter to pay Paul can always depend on the support of Paul.
- George Bernard Shaw
Reply With Quote
  #5 (permalink)  
Old 07-02-2009
EricOKC's Avatar
Vice President
The one your parents warned you about

 
Member Since: Feb 2004
Location: Houston, TX
Posts: 9,848

Texas     United_States

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by fishjoel View Post
Judge should have awarded the right to the dead girl's parents to one free, doctor supervised, asskicking.
Why? Ultimately the parents were at fault for not supervising their child's activities online and for not raising her well.

If you raised your kid so poorly that they become terminally depressed from an online discussion....well...
__________________
In case you were wondering, yes, there really ARE more idiots these days....technology has made natural selection obsolete.

Silence is golden...Duct tape is silver.
Reply With Quote
  #6 (permalink)  
Old 07-02-2009
John Drake's Avatar
Secretary of State
The Last Eisenhower Republican

 
Member Since: May 2008
Location: America
Posts: 4,121

   
Re: "Cyberbully" Case Overturned

I dont' understand this. If this woman did nothing wrong in defrauding this girl then why is Bernie Madoff doing 150 years?
__________________
Alizee Jacotay, the reason god invented hips
Reply With Quote
  #7 (permalink)  
Old 07-02-2009
Joint Chiefs of Staff Member

 
Member Since: Feb 2008
Location: earth
Posts: 1,157

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by John Drake View Post
I dont' understand this. If this woman did nothing wrong in defrauding this girl then why is Bernie Madoff doing 150 years?
Defrauding? Please explain.
Reply With Quote
  #8 (permalink)  
Old 07-02-2009
fishjoel's Avatar
Secretary of Defense

 
Member Since: May 2009
Location: Pennsylvania
Posts: 2,044

United_States     Pennsylvania

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by EricOKC View Post
Why? Ultimately the parents were at fault for not supervising their child's activities online and for not raising her well.

If you raised your kid so poorly that they become terminally depressed from an online discussion....well...
Umm...because she deserves it. Even if their kid hadn't have killed herself she'd deserve it for doing that to a kid.
__________________
A government which robs Peter to pay Paul can always depend on the support of Paul.
- George Bernard Shaw
Reply With Quote
  #9 (permalink)  
Old 07-02-2009
John Drake's Avatar
Secretary of State
The Last Eisenhower Republican

 
Member Since: May 2008
Location: America
Posts: 4,121

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by smurf View Post
Defrauding? Please explain.
She lied to the girl as to who she was, her intentions, feelings about her, etc etc. How is this all that different from lying to someone as to what you are doing with their money?
__________________
Alizee Jacotay, the reason god invented hips
Reply With Quote
  #10 (permalink)  
Old 07-02-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,007

United_States     Russian

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by John Drake View Post
She lied to the girl as to who she was, her intentions, feelings about her, etc etc. How is this all that different from lying to someone as to what you are doing with their money?
Because the latter involves a contract. They gave Bernie money because he promised them something in return. Bernie lied and the money was lost. Both parties offered consideration, but only one party handed it over because the other party lied about it.

The woman lied to the girl, but took nothing from her. Hence, nothing was lost. In other words, no consideration was exchanged, nor was there even a promise of any consideration being exchanged. It would be like if Bernie told you he was an honest, expert investor (while being a total fraud), and then nothing happened (you didn't promise him anything and he didn't promise you anything).
Reply With Quote
  #11 (permalink)  
Old 07-02-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,007

United_States     Russian

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by fishjoel View Post
Umm...because she deserves it. Even if their kid hadn't have killed herself she'd deserve it for doing that to a kid.
Being mean to someone on the Internet = severe beating?
Reply With Quote
  #12 (permalink)  
Old 07-02-2009
John Drake's Avatar
Secretary of State
The Last Eisenhower Republican

 
Member Since: May 2008
Location: America
Posts: 4,121

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by Slon View Post
Because the latter involves a contract. They gave Bernie money because he promised them something in return. Bernie lied and the money was lost. Both parties offered consideration, but only one party handed it over because the other party lied about it.

The woman lied to the girl, but took nothing from her. Hence, nothing was lost. In other words, no consideration was exchanged, nor was there even a promise of any consideration being exchanged. It would be like if Bernie told you he was an honest, expert investor (while being a total fraud), and then nothing happened (you didn't promise him anything and he didn't promise you anything).
So you have to have a contract to do harm to someone?

The woman intentionally acted to cause harm to the girl. And I believe you can be sued for breach of promise in breaking an engagment, so feelings can be seen as having tangible value.

Someone fraudulently calls you up and says they are a policeman and you have to come down to the morgue and identify your daughter's body, as they have her driver's license but need a positive id from a family member. You have a heart attack from the shock. There's nothing that can be done to this person?
__________________
Alizee Jacotay, the reason god invented hips
Reply With Quote
  #13 (permalink)  
Old 07-02-2009
Joint Chiefs of Staff Member

 
Member Since: Feb 2008
Location: earth
Posts: 1,157

   
Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by John Drake View Post
She lied to the girl as to who she was, her intentions, feelings about her, etc etc. How is this all that different from lying to someone as to what you are doing with their money?
Lying on the internet is not a crime. Unless something of value was gained, I don't think the term "defrauded" applies here. Madoff's lies were directly tied to the cover up of his theft of client's money. He financially gained from his lies, that is the difference.

Lastly, how can one be liable for someone else's suicide? It is tragic, to be sure, but criminally liable? I don't see how it could be.
Reply With Quote
  #14 (permalink)  
Old 07-02-2009
President

 
Member Since: Jul 2005
Location: USA
Posts: 18,007

United_States     Russian

Re: "Cyberbully" Case Overturned

Quote:
Originally Posted by John Drake View Post
So you have to have a contract to do harm to someone?
To prosecute someone for lying, yes. For instance, you can tell someone they look pretty when they're actually ugly (and you think they're ugly) and you won't be liable for a lawsuit.
Quote:
The woman intentionally acted to cause harm to the girl.
She caused no harm to the girl. The girl killed herself.
Quote:
And I believe you can be sued for breach of promise in breaking an engagment, so feelings can be seen as having tangible value.
According to contract law, promises have to have consideration from both sides, or they at least have to promise something tangible upon which expectations are built. For instance, someone promising to lend you a car which you plan to use to drive to a very important business meeting. I don't think lying about your sex, age and emotions in a non-business environment passes for that. If you think it does, then you'd be able to sue someone who lies to you about their age on this forum or falsely tells you they like your posts and hurt your feelings with it. It would get pretty fucking ridiculous.
Quote:
Someone fraudulently calls you up and says they are a policeman and you have to come down to the morgue and identify your daughter's body, as they have her driver's license but need a positive id from a family member. You have a heart attack from the shock. There's nothing that can be done to this person?
Not really. There probably are "emotional distress" torts, but I don't support them because it's ridiculous to sue people for hurt feelings. I'm guessing if the person had a heart attack, it was because of poor health. Besides, they became worried on their own.

In any case, the girl clearly had plenty of problems and who is to say she would not have committed suicide 2 weeks later because someone called her fat?
Reply With Quote
  #15 (permalink)  
Old 07-03-2009
Kyle's Avatar
Town Council Member
Hearts Breaking Even

 
Member Since: May 2009
Location: Australia
Posts: 116

Australia    
Re: "Cyberbully" Case Overturned

Good decision. This woman didnt put the noose around the kids neck. What next? Parents of suicides having the school bullies charged?
__________________
I'll be there for you, these five words I swear to you, when you breathe I want to be the air for you, I'll be there for you.

I'd live and I'd die for you, steal the sun from the sky for you, words can't say what a love can do
I'll be there for you



- Bon Jovi: I'll Be There For You
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 07:04 PM.


Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0
Copyright © 2000 - 2009 U.S. Politics Online