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MySpace Bully's Case Sets Risky Course: Experts

Site's obscure contract, which most ignore, is key to the case

By Matt Cantor,  Newser Staff

Posted May 16, 2008 2:43 PM CDT

(Newser) – A criminal indictment over MySpace bullying that led to a Missouri teen's suicide sets an unusual and perhaps dangerous legal precedent, experts say. Because her activities violated the site’s terms of use, Lori Drew faces charges of computer fraud and abuse related to the death of Megan Meier, Wired reports—and the charges involve a contract that few users even bother to read.

Federal prosecutors, pressured to take criminal action against Drew, arrived at the charges for lack of any other legal leverage, says another analyst. “I think it’s scary and it’s wrong,” she said. “Empowering terms of use to be key pieces of evidence in criminal matters,” when most users see them as purely contractual or civil, “should be done carefully,” another legal expert added.

Tina Meier, left, describes weaknesses in Missouri law before the Internet Harassment Task Force Tuesday, Dec. 18, 2007, in Jefferson City, Mo.
Tina Meier, left, describes weaknesses in Missouri law before the Internet Harassment Task Force Tuesday, Dec. 18, 2007, in Jefferson City, Mo.   (AP Photo/Kelley McCall)
In this Nov. 19, 2007 file photo, Tina Meier holds photos of her daughter Megan, who committed suicide in October 2006 after receiving cruel messages on MySpace.
In this Nov. 19, 2007 file photo, Tina Meier holds photos of her daughter Megan, who committed suicide in October 2006 after receiving cruel messages on MySpace.   (AP Photo)
A memorial tied around a tree is outside Megan Meier's home is seen Wednesday, Dec. 5, 2007, in Dardenne Prairie, Mo.
A memorial tied around a tree is outside Megan Meier's home is seen Wednesday, Dec. 5, 2007, in Dardenne Prairie, Mo.   (AP Photo/Jeff Roberson)
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