Summary: Dorsey partner Nick Akerman reviews in his regular National Law Journal column the prosecution of an alleged "cyberbully" under the Computer Fraud and Abuse Act (CFAA). On May 15, Lori Drew, a 49-year-old woman from Missouri, was indicted by a Los Angeles federal grand jury for using a MySpace account to torment and harass a 13-year old girl who, as a result, committed suicide. The indictment alleges that Drew and other unnamed co-conspirators violated MySpace's terms of service (TOS) by creating a MySpace account using the alias "Josh Evans." As the fictitious Evans, a 16-year old boy, Drew fostered an online relationship with the girl, and sent a message stating "in substance that the world would be a better place without you in it." That same day, the young girl hanged herself.
Akerman said that the CFAA clearly outlaws such criminal activity. Accordingly he urges Web site sponsors to adopt comprehensive terms of service similar to the MySpace TOS, to ensure adequate protection of their customers and themselves.
"The Law Fits the Crime" was published by the National Law Journal, May 26, 2008. Republished with permission.