TimmyH
“Cyber-Bully” claims prosecution is bending the law
September 24th 2008 04:12
Prosecutors in the US are “bending cyber crime laws” in order to bring a case against Lori Drew, according to Mrs Drew’s lawyers. Drew has been charged under the Computer Fraud and Abuse Act for her involvement in several instances of “Cyber-bullying” that led to the death of a 13yr old girl in 2006.
The Act has traditionally been used for crimes such as hacking into computers, but prosecutors have defended their case against Mrs Drew in the wake of criticism by the defence council.
"Cyber bullying is not, under any definition, trespass or theft," according to the defense motion filed by H. Dean Steward.
Drew is accused of having created a false identity on MySpace in order to bully a young neighbour. The girl subsequently hanged herself. None of the existing laws applied to the case at the time. However, in May, a federal grand jury indicted Drew on charges of conspiracy and accessing computers without authorization.
This latest case, to be heard in early October, is a challenge to the original verdict in the Supreme Court of California. Legal experts predicted that use of the federal cyber crime statute on accessing computers would be challenged.
"Cyber bullying is a relatively new phenomenon, as is social networking," according to legal briefs filed last week by Assistant U.S. Attorney Mark Krause. "It is, therefore, not surprising that there have been relatively few prosecutions in this area."
A hearing on the motions was upheld on Sept. 4. Drew's federal trial is to start Oct. 7.
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“Cyber-Bully” claims prosecution is bending the law
The Act has traditionally been used for crimes such as hacking into computers, but prosecutors have defended their case against Mrs Drew in the wake of criticism by the defence council.
"Cyber bullying is not, under any definition, trespass or theft," according to the defense motion filed by H. Dean Steward.
Drew is accused of having created a false identity on MySpace in order to bully a young neighbour. The girl subsequently hanged herself. None of the existing laws applied to the case at the time. However, in May, a federal grand jury indicted Drew on charges of conspiracy and accessing computers without authorization.
This latest case, to be heard in early October, is a challenge to the original verdict in the Supreme Court of California. Legal experts predicted that use of the federal cyber crime statute on accessing computers would be challenged.
"Cyber bullying is a relatively new phenomenon, as is social networking," according to legal briefs filed last week by Assistant U.S. Attorney Mark Krause. "It is, therefore, not surprising that there have been relatively few prosecutions in this area."
A hearing on the motions was upheld on Sept. 4. Drew's federal trial is to start Oct. 7.
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Comment by Damo
For the Sake of Argument
My Apologetics
I expect more to come in the future followed by litigation.