The Drew Cyberbullying Case Goes to Trial

The trial of Lori Drew for Cyberbullying starts today. This case has got a lot of attention nationally, so it bears watching. 

Here is the quick and dirty: An older woman and associates created a fake MySpace account in which they portray a young man. The young man then woos Megan Meier and after a relationship is established the fictitious boy then proceeds to shun her including a message stating the world would be better off without Megan. Megan, already having some emotional problems, hangs herself in her bedroom. 

The authorities, struggling to find something with which to charge Drew, the instigator, finally settle on charging her with violating the Computer Fraud and Abuse Act - which was meant as a law against computer hackers. The charge rests on the theory that Drew knowingly falsified a MySpace account in violation of MySpace's terms of use agreement. There has been a lot of attention and criticism of this novel use of that law. Additionally, the Intentional Infliction of Emotional Distress tort is at issue here as it must be proved to constitute a violation of the laws of a state, a necessary requirement under the Computer Fraud and Abuse Act charge.  

According to news reports, the Judge, out of LA because that is where the MySpace servers were, has come close to dimissing the case several times but finally decided to let the case go to trial. Now that it is at trial, and the suicide is included in the evidence, I wouldn't be surprised to see the jury convict Drew of something, even if it is a lesser misdemeanor.

Needless to say, whatever the outcome here this case will probably be appealed. But, in the meantime, watch for the ruling of this case to come down in the next week or so because either way it will set some pretty important cyberbullying precedent. I may even try to get a cyberbullying expert to blog on the case here.