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Lori Drew "Cyber-Stalker" Case Tossed

Started by The Minsky Moment, September 01, 2009, 09:13:45 AM

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The Minsky Moment

Lori Drew was the adult woman who pretended to be a 16 year old boy online in order to torment her daughter's 13 year old friend.  The target of the abuse later committed suicide and the story was a staple of cable news and daytime talk for a few weeks.  And languish of course.

In a worrisome development, a federal criminal case was brought against Drew under the Computer Fraud and Abuse Act, on a legal theory that essentially would have criminalized the deliberate violation of a website's terms of service.  Drew was actually convicted by a federal jury but last month the judge indicated that he was going to toss the jury verdict on legal grounds.  The judge finally issued the written ruling today, and as expected, it finds the theory of prosecution to be untenable. 
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

DontSayBanana

As I recall, that case was the poster child for the crack-brained legislature to include "cyberbullying" in the penal code. Want to place any wagers on what'll happen with that?
Experience bij!

The Minsky Moment

I have no idea what is going on in the legislatures but any kind of criminal law of that sort is going to have to be carefully drafted to pass constitutional muster.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

dps

While the defendent in the case appears to be scum that deserves to be in prision, the legal theory that allowed the federal case to go forward was really stupid, so I'm glad the judge tossed it.  He really shouldn't have allowed it to come to trial in the first place, IMO.

DGuller

Just a general question: is encouraging someone to commit suicide a crime?

The Minsky Moment

Quote from: DGuller on September 01, 2009, 10:30:08 AM
Just a general question: is encouraging someone to commit suicide a crime?

It is in some states.  for example it is a felony in California.

The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Jaron

Quote from: The Minsky Moment on September 01, 2009, 10:51:11 AM
Quote from: DGuller on September 01, 2009, 10:30:08 AM
Just a general question: is encouraging someone to commit suicide a crime?

It is in some states.  for example it is a felony in California.


YEAH! So you guys better stop telling me to go shoot myself. :P
Winner of THE grumbler point.

DGuller

Quote from: The Minsky Moment on September 01, 2009, 10:51:11 AM
It is in some states.  for example it is a felony in California.
So why didn't she get charged for that, instead of some creative idiocy that she was charged with?

ulmont

Quote from: DGuller on September 01, 2009, 10:57:57 AM
Quote from: The Minsky Moment on September 01, 2009, 10:51:11 AM
It is in some states.  for example it is a felony in California.
So why didn't she get charged for that, instead of some creative idiocy that she was charged with?

Lori Drew doesn't live in California, nor did the victim, for starters.

Eddie Teach

Quote from: Jaron on September 01, 2009, 10:53:42 AM
Quote from: The Minsky Moment on September 01, 2009, 10:51:11 AM
Quote from: DGuller on September 01, 2009, 10:30:08 AM
Just a general question: is encouraging someone to commit suicide a crime?

It is in some states.  for example it is a felony in California.


YEAH! So you guys better stop telling me to go shoot myself. :P

I don't think California has any jurisdiction over what non-residents say on the 'net.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

DGuller

Quote from: ulmont on September 01, 2009, 10:59:44 AM
Lori Drew doesn't live in California, nor did the victim, for starters.
It says she did in the first sentence of the first post in this thread.  Is JR mistaken?

Jaron

Quote from: DGuller on September 01, 2009, 11:05:27 AM
Quote from: ulmont on September 01, 2009, 10:59:44 AM
Lori Drew doesn't live in California, nor did the victim, for starters.
It says she did in the first sentence of the first post in this thread.  Is JR mistaken?

As usual.
Winner of THE grumbler point.

The Minsky Moment

Quote from: DGuller on September 01, 2009, 11:05:27 AM
Quote from: ulmont on September 01, 2009, 10:59:44 AM
Lori Drew doesn't live in California, nor did the victim, for starters.
It says she did in the first sentence of the first post in this thread.  Is JR mistaken?

yes.
fixed.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Strix

Quote from: Jaron on September 01, 2009, 10:53:42 AM
YEAH! So you guys better stop telling me to go shoot myself. :P

No one here would ever do that. We may encourage you to make sure your gun is functioning properly by looking down the barrel when you fire it but that's only to ensure the safety of the gun for use by making sure there are no obstructions in the barrel.
"I always cheer up immensely if an attack is particularly wounding because I think, well, if they attack one personally, it means they have not a single political argument left." - Margaret Thatcher

Barrister

Quote from: Peter Wiggin on September 01, 2009, 11:03:53 AM
I don't think California has any jurisdiction over what non-residents say on the 'net.

Well not being a Cali-called lawyer I can not state this with 100% certainty, but I am 99.999% sure you are wrong.
Posts here are my own private opinions.  I do not speak for my employer.