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Prosecutors in the U.S. attorney's office in Los Angeles, however, are exploring the possibility of charging Drew with defrauding the MySpace social networking website by allegedly creating the false account, according to the sources, who insisted on anonymity because they are not authorized to speak publicly about the case.The sources said prosecutors are looking at federal wire fraud and cyber fraud statutes as they consider the case. Prosecutors believe they have jurisdiction because MySpace is headquartered in Beverly Hills, the sources said.
It's still unclear who created the fictitious account. In a police report, Drew told authorities she, with the aid of a temporary employee, "instigated and monitored" a fake profile prior to Megan's suicide, "for the sole purpose of communicating" with the girl and to see what the girl was saying about Drew's daughter.
OK, so she (allegedly) was despicable, but the law is the law. If they can do it to her, they can do it to anyone.
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Seems that fewer and fewer in the states know/care about anything else than a single, very narrow path they call 'their responsibility'... as if actions and reactions, cause and effect was always limited to their little areas of expertise ( neighborhood, family, whatever, wherever ).
People just don't seem to care about consequences, and when bad things happen due to something they did by the 'rules', they point at others saying 'I did everything by the book (of the law), if your world was shaken, the rules must be off, blame O*O***O* '.
Congrats. The more news I read the more it seems to me that people finally forgot not only how to think for themselves but also how to feel to be responsible for their own karma.
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<rant over>
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<new rant>
If this trial ends with a teenager getting bust for fraud because of a fake myspace account, instead of like... suspended sentences for the PARENTS and other 'adults' who were there or even fueling the whole mysery ( including a bit of look into the parents of the girl who was bullied ) the whole thing will be off by lightyears.
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This whole case had nothing to do with MySpace or the Internet from the first!@#$# moment and everything to do with a kid left to herself by all means possible except material. With no safe haven not even in her own room, not even the company of her parents who were... uh... ok, this I have posted before. Everyone is at fault there. But no one should be prosecuted. Especially not for fraud.
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<rant over>
<coffee slowly wearing off>
I can kinda imagine a few 'one track mind' people getting calls from MySpace execs to seriously reconsider this BS that a fake MySpace account should be prosecuted by the law.
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Well, I am a handsome and a smart young man over there. Not 100% fraud but...;)
Lawman, do you think they will lose on 1st Amendment grounds? If this stands, having to be "honest" when signing up might chill free speech as people are afraid of having their identities revealed. This strikes at the heart on internet discussions, and the court seems to have bent backwards to err on the side of free flow of ideas so I don't see how this could stand. Think of all anon bloggers and posters; anon political manifestos, letters to the editors etc. I think the same principle applies here and MySpace is not even complaining about having been "defrauded."
[edited by: walkman at 5:29 pm (utc) on Jan. 19, 2008]
And I am that attractive young lady you have been flirting with ;)
If this trial ends with a teenager getting bust for fraud because of a fake myspace account, instead of like... suspended sentences for the PARENTS and other 'adults' who were there or even fueling the whole mysery ( including a bit of look into the parents of the girl who was bullied ) the whole thing will be off by lightyears.
Miamacs... you seem a little confused about the facts of this case.
It wasn't a teen... it was a 47 year old woman posing as a teen. And the account was setup specifically to target the girl who commited suicide.
apparently she broke no laws there.
It wasn't a teen... it was a 47 year old woman posing as a teen
So that's what they have now... sorry, I grew disgusted with the whole case at a point where prosecution wasn't even sure who to charge as neighbors supposedly took turns in faking the 'boy'. Remember this report?
St. Charles County, Missouri, Prosecuting Attorney Jack Banas said an 18-year-old woman posed as "Josh" on MySpace to find out what Megan was saying about a neighbor's daughter.
With the adult neighbor being in focus they're one step closer to what seems more like a case. Just don't let them get into a debate about MySpace, as it has nothing to do with what happened. The whole neighborhood was teasing her on and offline.
....this title: "Web suicide case" ...was very off from the first moment.
People pointing fingers.
forget abour what they have lost: you better hope you're from Essex "boy"!
;)
Prosecutors in the U.S. attorney's office in Los Angeles, however, are exploring the possibility of charging Drew with defrauding the MySpace social networking website
I say kudos to the prosecutors. I believe the adult neighbor in this case deserves some kind of criminal charges. As the parent of a teen herself, she was in a position to know exactly how sensitive and vulnerable kids can be at that age.
I can't even imagine what kind of weirdo parent would set up a fake myspace page and be mean to someone else's kid.
[edited by: Jane_Doe at 12:29 am (utc) on Jan. 21, 2008]
what is the exact crime she committed?
[edited by: lawman at 11:34 am (utc) on Jan. 21, 2008]
what is the exact crime she committed?
The crime laws change from decade to decade. Often they don't keep up with technology and instead are developed based on a reactionary rather than a predictive model, which doesn't mean that something deserving of jail time has not occurred. I suspect that in ten years time there most likely will be a plethora of laws on the books people like her can be charged with.
In the mean time, personally I'd be happy to see them charge her with anything they can.
and when they use that law (setting up a facebook acct with fictious info) to charge you because they hate your guts for some reason, what will you say?
[edited by: lawman at 11:34 am (utc) on Jan. 21, 2008]
when they use that law (setting up a facebook acct with fictious info) to charge you because they hate your guts for some reason, what will you say
There are probably millions of myspace accounts, and one person might be charged with a crime who was overtly engaged in cyber-bullying that resulted in the death of a child. So since I don't have a myspace account and I don't do any cyber-bullying, then I suspect the probability of something similar happening to me would have to be zero, or very close to it.
I think there is a greater chance that I would be hit by lightening (for the second time).
[edited by: Jane_Doe at 4:46 pm (utc) on Jan. 21, 2008]
Are they charging everyone that sets up an account using false information with wire fraud? If not, then it seems to me anyway, that the spirit of the law is being perverted. Abused, to penalize someone for something for which there is no provision for recourse. Phrases like 'selective prosecution' comes to mind.
And if that dangerous precedent is set, then how will that law be used (abused)?
Making anyone responsible for the act of suicide other than the person committing the act, is really dangerous ground.
I realize this isn't foolproof, what with credit card fraud and account hijacking (which is why I say charge $1, at least then you'll SEE it on your account) but it certainly would be an excellent starting point.
This would also prevent minors from creating pages unless they have an adult's permission, then it would encourage the adult to keep an eye on it lest the child gets into trouble.
