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Print E-mail del.icio.us 139 comment(s) - last by Reclaimer77.. on May 20 at 3:31 PM

Federal authorities sidestep state prosecutors, experts fear long-term ramifications

A federal grand jury indicted 49-year-old Lori Drew of Missouri last Thursday, for allegedly masterminding an online hoax that ended with the suicide of her 13-year-old neighbor.

FBI investigators, working in a joint effort between branches in Los Angeles and St. Louis, accused Drew of masquerading as 16-year-old “Josh Evans” to befriend Meiers on MySpace in October of 2006, touching off a close friendship with the with the emotionally-vulnerable girl via the fake account. News reports indicate that Drew intended to gain insight into Meier’s thoughts on her daughter, after the two had an earlier falling out. When the relationship turned sour, however, Meiers was found to have hanged herself, due to a series of messages that included comments that the world would be better off without her.

Drew now faces four charges: one for conspiracy, and three for accessing protected computers without authorization, and each charge is punishable by up to five years in prison. Drew says that she didn’t create the Josh Evans account, and that she never used it to send messages to Meiers.

The case represents the first time that federal laws on unauthorized computer access were invoked in a social-networking case, as previously they only saw use in cases against hackers. Given the lack of federal laws against cyberbullying – a fact that state officials cited when they refused to press charges despite considerable pressure – FBI investigators chose to prosecute Drew’s alleged violation of MySpace’s Terms of Service (TOS), which prohibits registrants from, among other things, providing false information about themselves, and using MySpace to harass, harm, or solicit information from other people – especially minors.

Legal experts fear a potentially dangerous shift in precedent, as the successful prosecution of Drew would allow authorities to press criminal charges for violating a site’s TOS, which many web surfers do on a regular basis:

“Empowering terms of use to be key pieces of evidence in criminal matters – when [they] are generally thought of by the people who are entering into them as purely contract or civil matters – is something that should be done carefully,” said University of Pennsylvania law professor Andrea Matwyshyn. “I think you're going to have strong disagreement as to whether this is an advisable course to take.”

Jennifer Granick, who works as the civil liberties director for the Electronic Frontier Foundation, thinks such a prosecution would be far-reaching: “Theoretically, it applies to any use of a service in violation of the terms of service,” she says.

For example, if a website prohibits users from making negative comments about its owner, are users who choose to disregard this rule in violation of criminal law? When a user links a webpage that prohibits linking in its terms of service, are they subject to criminal prosecution?

Existing law does not provide an immediate solution, says Granick; rather, prosecutors are acting on outside pressure and the case’s emotional gravity.

If given the option to litigate, Granick told Wired’s Threat Level that she would be more than willing to fight on Drew’s behalf: “I think there is such an extreme reading here, and I do think it's dangerously flawed for other cases. I think it's scary and it's wrong and something should be done about it.”

For now, authorities scheduled Drew for arraignment in St. Louis, after which they will deport her to Los Angeles – MySpace’s headquarters and the location of its main server farm – for trial.



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My state just passed anti-bully legislation
By Reclaimer77 on 5/17/2008 7:10:55 PM , Rating: 3
No lie. Bullying another school kid in my state public school system is now " illegal ".

This is a tragedy no doubt. But I just wonder where our society is heading when everyday things that you and I once had to put up with are being made punishable by law.

My problem with this is that, in the final analysis, you can't make someone kill themselves. Its, quite literally, a personal choice.




RE: My state just passed anti-bully legislation
By ZaethDekar on 5/17/2008 7:16:01 PM , Rating: 1
You could do a school shooting. I mean, that seems to work for some people.

I think people need to just stop being a complete idiot.

Now if the bully hits you and you hit them back does that follow the self defense or what if he claims you are the bully first?

Pretty soon kids are going to be sueing class mates and teachers for stupid things.


RE: My state just passed anti-bully legislation
By Reclaimer77 on 5/17/2008 7:48:40 PM , Rating: 4
quote:
Now if the bully hits you and you hit them back does that follow the self defense or what if he claims you are the bully first?


Thats my biggest problem with how society and the school system has treated bullyism ( there, I just coined a new word ) The laws and rules only work FOR the bully. If you beat up a bully YOU get in trouble.

The problem is bullies are not seen in the proper light. The bully is something to behold. For someone at a young age to realize thats its better to be the hammer than the nail is something truly enlightening. And whats the ONLY thing that stops a bully ? A direct confrontation with another bully. Usually a bigger one with a mean right hook.

Bullies cancel other bullies out. Its the school age analogy to our stance on nuclear armament in the 80's. We don't need more rules and laws. We just need more parents encouraging their kids to not take crap from other kids.


RE: My state just passed anti-bully legislation
By Tsuwamono on 5/17/2008 9:25:53 PM , Rating: 5
Actually in highschool i had this asshole push me around day in and day out(he was smaller then me too) and since I'm just a nice guy and i try not to fight i would tell him to screw off and be on my way. However after about 6 months of this i got pissed and grabbed him by the neck and threw him into a locker. I was then suspended and he got nothing for the 6 months of pushing me around. And just as a note, multiple teachers saw him pushing me around including the principal. Then when i retaliated they said i should have said something to them. I then replied "I knew it would be pointless since you retards walk by and see him pushing me around and do nothing. If you guys can't or won't protect me, I'll do it myself."

Not sure if the week suspension was for calling the principal a retard or for throwing the kid into a locker but i find it completely stupid that i was suspended at all.


RE: My state just passed anti-bully legislation
By AlexWade on 5/17/2008 10:41:47 PM , Rating: 2
You are in America. One sure-fire way to get someone really mad at you is tell their kids what to do. I was spanked in school, believe it or not, in 1983. Just try doing that today outside of Catholic school. Lawsuit waiting to happen. Even if just touch the child, that would be a lawsuit. Someone is always at fault, especially when you can make some money for doing nothing but suing. Which is the REAL problem.


RE: My state just passed anti-bully legislation
By Tsuwamono on 5/17/2008 11:43:36 PM , Rating: 2
I'm in Canada, but ya, same boat.


RE: My state just passed anti-bully legislation
By AlexWade on 5/18/2008 9:49:04 AM , Rating: 1
Oops, eh. Well, Canada is the 51st state. (Just kidding, Canada is far too clean to be in the US.)


By Spuke on 5/18/2008 10:57:44 PM , Rating: 3
quote:
(Just kidding, Canada is far too clean to be in the US.)
Speak for your own city.


By weskurtz0081 on 5/19/2008 12:02:05 AM , Rating: 3
Actually, there are schools in the US that still issue corporal punishment, and I went to one of them. It is a public school in Texas, I am not going to say where or what the name of the school is, because I don't want some idiot making a stink about it. But, I got pops a few times a year for doing stupid stuff. But, you took your licking, and then went back to class and continued to learn. In a few months or so, when I would earn another licking, I would get it.

It didn't scar me for life, and it didn't impede with learning. I can tell you this, it is a rural school district.... not in a city.


By dever on 5/19/2008 3:15:44 PM , Rating: 2
I'm going to offer a potentially un-popular opinion here and suggest that a large portion of the problem is the lack of competition in schooling choices. The poorest citizens, not to mention the average citizen, effectively have only one option (re: no option) as to where to send their kid to school.

The ability of parents to practice choice and interject competition in the school system would not only add incentive for educators to teach effectively, but also to handle bullying problems effectively.


By Cobra Commander on 5/20/2008 11:09:24 AM , Rating: 2
Good for you. Seriously.


By JustTom on 5/17/2008 9:27:00 PM , Rating: 5
While I agree with you that very often victims get penalized for standing up for themselves the problem of bullying is not going to be solved just by teaching kids not to take crap from other kids. How do you handle situations of vastly differing ages or sizes? My step-daughter had problems with a girl who weighed close to 200lbs, short of hitting the girl with a crowbar no amount of standing up for herself was going to solve the problem. The principal of course was useless. He said that the girls would have to fix their own problems because problem solving is an important adult skill.

The true problem is we allow behavior in school that we would very often get you arrested any place else. When I asked this principal what would happen if I was to repeatedly smash his face against his very elegant cherry wood desk he said he would have me arrested. He had no answer when I asked if peer mediation wouldn't be a better course.


RE: My state just passed anti-bully legislation
By mindless1 on 5/18/2008 2:59:12 PM , Rating: 5
Your ideas are terribly wrong. There's nothing to "behold" about a child that was not properly disciplined and causes disruption, usually assault, and interferes with the core reason every other child is in school. Children need a certain minimal level of security to focus instead of worrying about some bully.

The only thing that stops a bully is that they suffer consequences that offset the empowerment they had from bullying. A bigger bully doesn't stop the "smaller" one from continuing to bully others. More often you find a gang comprised of bullys which is worse than they'd be separate. Bullys tend to pray on the weak, or at least the passive so the supposed confrontations that would de-bullyfy don't equalize the situation.

Yes we do need more parents "encouraging" though that's not the right word. The solution is fairly clear, the bully is suspended from school, eventually expelled if it doesn't change. The parent is investigated if they aren't taking measures to resolve their child's behavior and ultimately through enough punishment of all parties not being responsbile there will be placement in the right facilities to remove those who won't change from the rest of society.

I have to say your idea about bully vs bully is just some overidealized nonsense. It's like saying we dont' have to be concerned about drunk drivers because eventually one drunk will collide with another and they won't be able to drive anymore, nevermind all the innocent people that might be ill-effected until that day comes if it ever does.

I'm not saying this as a passivist, sometimes an immediate end to a harmful situation is needed but not as a matter of policy when there are other alternatives. Plus, remember that that bully is also maladjusted enough that there needs to be intervention for his/her own sake so that they learn to integrate and coexist with the rest of society for a brighter and happier future.


RE: My state just passed anti-bully legislation
By Reclaimer77 on 5/18/08, Rating: -1
RE: My state just passed anti-bully legislation
By killerb255 on 5/18/2008 8:48:22 PM , Rating: 4
...gotta love the black and white thinking that goes on here. Does everything have to be all good or all bad with nothing in the middle?

In other words, people are either pessimists or optimists, with one side labeling themselves as "realists" to avoid calling a spade a spade?

Does everything have to fall under an extreme? Are we so lazy that we have to label everything in black and white instead of digging deeper...or is digging deeper not as simple?

...or perhaps digging deeper means an oncoming wall of text that nobody wants to read? NOTE: this is probably true, since this itself is a wall-o-text!!!

Either way, "bully" is in the eye of the beholder.

There are plenty of explanations as to why one person may be a bully, and one explanation doesn't apply to every bully. Most revolve around one or a combination of three things:

A) hurt
B) fear
C) frustration

Scenario 1:
One may bully because they think it's the only way they can earn respect, as they see no value in anything else they have to offer to society other than their fist in someone else's mouth.
This is basically low self-esteem manifesting itself as high "image-esteem," dissociating their entire conscience to indirectly remove fear...

Scenario 2:
One may bully because they were either victims of a bully or may have perceived themselves as a "victim" in the past (whether they were beaten the crap out of or someone farted in their general direction and they got all emo about it). Usually, they'll think "Ah hell, if you can't beat them, join them!" or "If they can displace their fear, hurt, and frustration like that, I can, too!"
This could potentially cause a chain reaction of bullies creating new bullies--a defense mechanism known as "Association with the Aggressor"

Scenario 3:
A common explanation that's usually seen as a cop-out is "the parents weren't involved." There may be some truth to this in some situations: two parents working their asses off to make enough money to raise the family, single-parents being the sole bread-winner with the kid going to several baby-sitters or even being left home alone. Either way, the kid may see this as a lack of predictability, which leads to fear.

Scenario 4:
The "cool kid" could fear (they'll never admit to this) someone that's different from what they see as the norm: the idiot-savant; the introvert that has nothing to say unless spoken to; the kid with a lisp; the kid that stutters; the kid with a mental disorder like ADHD, something on the autistic spectrum, or dyslexia; the kid with a physical disfigurement; or the kid with a physical condition like cerebal palsy, to name a few.

Because they don't understand how that person is so different than the type of people they're used to, this generates all kinds of feelings they don't know how to cope with (the unknown, which is a lack of control, which is, that's right, fear). They could also fear being labeled as "different" themselves and lose their "cool kid" status if they don't eliminate the threat to their comfort zone.

Scenario 5:
The bully may have a differentiating feature from Scenario 4 and decides to bully others to redirect attention away from said feature.

Scenario 6:
Another bully scenario may be a bully being abused at home (hurt, fear) and feeling powerless to stop said abuse (frustration), so they'll take their anger (the combination of hurt, fear, and frustration) on anyone that lacks ability to fight back.

Scenario 7:
Some are bullies because of a combination of everything above!

This may explain a lot, but of course excuses nothing. Unless and until we find a way to deal with the root of these and other scenarios, bullying is going to continue and there will still be people that either:
A) turn a blind eye, hoping it'll go away
B) "become the bully" and participate in Scenario 2 above, even as an adult
C) enable the bully hoping that they'll stop bullying (kinda like giving a druggie in the family drug money to get them out of your face)


RE: My state just passed anti-bully legislation
By dever on 5/19/2008 3:26:06 PM , Rating: 2
Regarding your first point, Scientific American published a study a couple years ago that suggested that bullies were more likely to test as "high" self-esteem in various forms of testing.

In fact, it maybe artificially high self-esteem, that is a problem. The type of self-esteem that is not dependent upon any realistic interpretation of one's own worth. This is precisely what many of the pro-self-esteem group have fostered over the last few decades. Many have taken a small phrase like "self-esteem" out of context to justify short-circuiting the intiutive cost-benefit analysis that individuals naturally apply to their actions and resulting consequences.


By killerb255 on 5/20/2008 12:12:23 AM , Rating: 2
Often, pathological narcissists are considered to have high "self-esteem." The reality is that they have high "image-esteem" with low esteem to the true self. In other words, it's the image that they want others to see...the omnipotent, grandiose self rather than the true self that the narcissist sees as inferior (but would rather die than admit to).

Bullying can be a manifestation of this.