2009),[1] was an American federal criminal case in which the U.S. government charged Lori Drew with violations of the Computer Fraud and Abuse Act (CFAA) over her alleged cyberbullying of her 13-year-old neighbor, Megan Meier, who had died of suicide.
In 2006, Lori Drew (née Shreeves)[3] lived in St. Charles County, Missouri, with her husband Curt and their teenaged daughter, Sarah.
[7] In early December 2007, Missouri prosecutors announced they would not file charges against Lori Drew in connection with Megan Meier's death.
[10] Thomas O'Brien, U.S. Attorney for the Central District of California, undertook prosecution of federal charges in connection with the case.
[14] On August 28, 2009, U.S. District Judge George H. Wu formally granted Drew's motion for acquittal, overturning the jury's guilty verdict on the three misdemeanor CFAA violations.
Wu found that an intentional breach of the Myspace Terms of Service could possibly satisfy the definition of an unauthorized access or access exceeding authorization, but that rooting a CFAA misdemeanor violation in an individual's conscious violation of a website's Terms of Service would render the statute void for vagueness because there were insufficient guidelines to govern law enforcement as well as a lack of actual notice to the public.
Wu cited several reasons an individual would be lacking in actual notice: Wu summed up his opinion by stating that allowing a violation of a website's Terms of Service to constitute an intentional access of a computer without authorization or exceeding authorization would "result in transforming section 1030(a)(2)(C) into an overwhelmingly overbroad enactment that would convert a multitude of otherwise innocent Internet users into misdemeanant criminals.
[15] Missouri legislators amended the state's harassment law to include penalties for bullying via computers, other electronic devices, or text messages.
Code §32261 that encourages schools and other agencies to develop strategies, programs and activities that will reduce bullying via electronic and other means.
Legal experts expressed concern that the prosecution sought effectively to criminalize any violation of web site terms of service.
[22] Andrew M. Grossman, senior legal analyst for The Heritage Foundation, said, "If this verdict stands ... it means that every site on the Internet gets to define the criminal law.