What a sad story that an email sent by Josh Evans (who did not exist) led to the suicide of Morgan Meier (a 13 year old). Actually Josh Evans’ emails were sent by Lori Drew, the mother of a former friend of Morgan, who “cyberbullied” Megan with a make-belief identity. How tragic for Morgan’s family and after a trial, a federal court jury found that Lori Drew committed a crime, but it will not end here. In December the federal judge will consider motions to set aside the verdict. Depending on what the federal judge does, this may continue in the appellate courts for some time to come.
Will Failure to Read the Terms of Service be a Defense?
Lori Drew’s attorney has filed motions to set aside the verdict because she did not read the MySpace Terms of Service which obligates users to provide “truthful and accurate” registration information. Prosecutors alleged that Drew’s phony profile was unauthorized access and a violation of the Computer Fraud and Abuse Act of 1986. That law was created to protect violations of federal and bank computers, and has been expanded to include most computers and the Internet.
How do Courts View Terms of Service?