ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal News Blogs -> Law Blog - WSJ.com

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal News

: Law Blog - WSJ.com

The Backlash Against the MySpace Conviction: Will it Hold up on Appeal?

By Ashby Jones

ADVERTISEMENTS

To be honest, we didn’t foresee this: a backlash of this type against last week’s conviction of Lori Drew. She’s the one who, along with a few others, used a fictitious MySpace account to harass a teenage girl named Megan Meier, who later hanged herself after finding out that the fictitious boy Drew created had dumped her. Last week, a Los Angeles jury convicted Drew of three misdemeanor counts of accessing a computer without authorization. (Click here, here, here and here for previous LB coverage.)

MySpaceNow, according to this article on Wired.com, the conviction has led to pundits worrying over the consequences the verdict might pose for Internet users. (Hat tip: How Appealing)

“I don’t think it’s overstating it a bit to say that unless this case is overturned, it is time to get off the internet completely, because it will have become too risky to use a computer,” writes Groklaw’s Pamela Jones.

Uh, Wow.

Here’s the reasoning behind the reaction: Drew was convicted of violating the Computer Fraud and Abuse Act, the federal anti-hacking law. Under the government’s interpretation of the CFAA, Drew obtained unauthorized access to MySpace’s computers by violating the site’s terms of service, even though Drew never read those terms. Critics fear that the verdict means that any computer user who violates a service provider’s terms of service could now face criminal prosecution for what in the past would have been, at worst, a civil breach of contract.

But will the verdict hold up on appeal? Orin Kerr, who worked on Drew’s defense team, thinks there is little chance the 9th Circuit will uphold the verdict, because it’s so plainly in conflict with what Congress intended in passing the anti-hacking law 20 years ago.

It’s a position that Eugene Volokh, a professor at UCLA, agrees with. The ruling is “strikingly broad and can’t possibly be what Congress intended with the statute and what the statute is properly interpreted as meaning,” he told Wired.com

Full post as published by Law Blog - WSJ.com on December 02, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0131 secs (new cache)