By now most people are aware of the Meghan Meier case. For those that are unaware, Lori Drew, 49, of Missouri, allegedly created a fake profile on MySpace for a non-existent boy and then contacted Meghan Meier through MySpace. Supposedly after receiving some mean messages from this fictitious boy Meghan killed herself in the family home.
Because the case occurred over the Internet and MySpace is headquartered out of Beverly Hills, federal authorities have been involved with the matter. Charges have been filed, and prosecutors are arguing that by helping create a MySpace account in the name of someone who didn’t exist Drew violated the News Corp.-owned site’s terms of service and thus illegally accessed protected computers.
While it seems to make some sense, the potential ramifications of this logic are a little chilling unto themselves. As the AP article points out:
Legal experts warned Friday that such an interpretation could criminalize routine behavior on the Internet. After all, people regularly create accounts or post information under aliases for many legitimate reasons, including parody, spam avoidance and a desire to maintain their anonymity or privacy online or that of a child.
This new interpretation also gives a business contract the force of a law: Violations of a Web site’s user agreement could now lead to criminal sanction, not just civil lawsuits or ejection from a site.
The prosecution’s legal argument is that in order to access MySpace’s servers Drew had to sign up for MySpace’s service, which entails providing your name and date of birth. Beyond that, one must agree to abide by the site’s terms of service. The terms of service forbid using any false registration information, soliciting personal information from anyone under 18 and using any information gathered from the Web site to “harass, abuse, or harm another person.” Thus, by merely using a fictitious name Drew violated MySpace’s terms and had no authority to access the MySpace service.
The Drews are already on the defensive, and their lawyer has announced a legal challenge to this interpretation. They contend that this reading raises issues of constitutionality related to free speech and due process of law.
It is clear from this and other cases that Cyber Bullying and Bullying Online are real concerns for parents in the digital age. Parents can monitor their teen’s activity online with MyChild from ReputationDefender.

