Feds Drop Plans to Appeal Cyberbullying Case

[The Straight Story]

Prosecutors Drop Plans to Appeal Lori Drew Case

Federal prosecutors in Los Angeles have filed a notice that they do not intend to pursue an appeal in the Lori Drew cyberbullying case, thus ending the controversial and lengthy case.

“We have a notice with the 9th Circuit that we are withdrawing our notice of appeal in the case,” a spokesman for the U.S. Attorney’s office in Los Angeles wrote in an e-mail to Threat Level.

A judge threw out the government’s case against Drew in July and acquitted her of three misdemeanor counts. Drew was convicted last November on three counts of the Computer Fraud and Abuse Act for using a fake MySpace account to harass a teenage girl who committed suicide.

But Assistant U.S. Attorney Mark Krause filed a notice in September in the 9th U.S. Circuit Court of Appeals, indicating that the government might appeal (.pdf) the judge’s ruling.

http://www.wired.com/threatlevel/2009/11/lori-drew-appeal

[imdjh]

1. Not everything wrong or immoral is illegal, and that's the way it should be.

[ixion]

2. I understand why the judge ruled this way, and ultimately I agree, but it's an interesting paradox

Fair enough: You don't want to create a new class of felon by ruling that not obeying a websites terms of service constitutes criminal behavior.

On the other hand, if this woman had made phone calls, instead of sending emails, they would have a stronger case.

I do hope the family of the girl seeks civil penalties. It's very clear this woman's intent was malicious, and above and beyond the myspace site, it seems like that would constitute intent, in and of itself.