Jacob Sullum | July 3, 2009
Yesterday U.S. District Court Judge George Wu threw out the misdemeanor convictions of Lori Drew, the Missouri woman blamed for precipitating the suicide of a 13-year-old girl by assisting a cruel MySpace prank, under the federal Computer Fraud and Abuse Act. Taking a cue from critics such as George Washington University law professor Orin Kerr (who ended up serving as a pro bono attorney for Drew), Wu said he was worried that the legal theory underlying U.S. Attorney Thomas O'Brien's prosecution of Drew could make any violation of a website's terms of service a federal crime. "It basically leaves it up to a website owner to determine what is a crime," Wu said, "and therefore it criminalizes what would be a breach of contract."
O'Brien, a grandstanding prosecutor who bravely took on one of the most reviled people in America by twisting federal law beyond recognition so he could bring Drew to trial in Los Angeles for actions that were not criminal in Missouri, was contrite. Just kidding:
O'Brien...said after the decision was announced that the law needed to be strengthened.
"We call it cyber-bullying, and we don't have a law to address it," he said at a news conference.
O'Brien, who plainly has no concern about how his self-aggrandizing prosecutions imperil civil liberties, probably has in mind something like this.
I condemned the Drew prosecution here. Other Reason coverage of the case here.
[via The Moderate Voice]
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"Grandstanding" is an understatement. O'Brien is (and was
throughout this case) not merely an Assistant U.S. Attorney -- a
line prosecutor -- but THE U.S. Attorney for the Central District
of California, the most powerful federal law enforcement official
in Southern California. The Central District encompasses seven
counties and about 18 million people. O'Brien is the head of an
office with about 250 Assistant U.S. Attorneys.
And he tried this case [em]personally.[/em]
He's the first U.S. Attorney to do so here in, as far as I've been
able to determine, at least 30 years.
He got what he wanted -- headlines and air time.
I'm glad this was overturned.
Though, I wouldn't mind seeing Drew kidnapped by an escaped mental
patient, stabbed 23 times, and then have the escaped mental patient
rape each stab wound.
He's the first U.S. Attorney to do so here in, as far as
I've been able to determine, at least 30 years.
He got what he wanted -- headlines and air time.
Where do these people come from? People like Thomas O'Brien, I mean
-- people so blindly hungry for power and willing to forcefully
manipulate other human beings for their own gain.
I'm being serious. Did you know anyone like this, in say, high
school? I didn't, at least not that I'm aware of. From my vantage
point, the Thomas O'Briens of the world just seem to "show up,"
more or less, fully formed in adulthood somehow.
I'm just kind of perversely fascinated with such beasts, where they
come from, what they were like as children, how they grow into
their monstrousness.
Kyle, I can agree with your overall idea, but I think your
chronology is a little off. I'd rather it be done stab-wound/rape
combos in succession, rather than all 23 stabs at once and then all
23 rapes following. Prolong the pain, introduce some psychological
torture, and all that jazz you know.
I feel kind of cruel for saying that, but then I remember what this
Drew bitch did. Obviously though the government has no power to
prosecute what happened, so it's great this got overturned.
"I'm being serious. Did you know anyone like this, in say, high
school? I didn't, at least not that I'm aware of. From my vantage
point, the Thomas O'Briens of the world just seem to "show up,"
more or less, fully formed in adulthood somehow."
My friend married a girl we went to high school with that was very
much like you described. And he was surprised when she turned out
to be just as we tried to warn him. Love/really good pussy has a
way of blinding folk.
Jonas,
Good call. Just as long as there's a large quantity of severe
suffering.
"I'm being serious. Did you know anyone like this, in say, high
school?"
A lot of the people that ran for student council.
Where do these people come from?
The Sociopath Next Door by Martha Stout and I: The Creation of a Serial Killer by Jack Olsen helped me understand how seriously messed up people function/form.
RJ: Lori Drew may be a really terrible person. And the suicide
of a 13 year old girl is a tragedy. People everywhere may be quite
right to shun Drew. But it is a huge jump (in my book) from
societal shunning to the state imposed sanctions for murder (ie,
imprisonment or even the death penalty).
So, exactly what was the "murder"?
It's funny, because even though I was referring indirectly to O'Brien, I also could be referring to Lori Drew.
99% of the public will never understand why it was wrong for this woman to be prosecuted. They'll never get past the emotional response of who she is and what she deserves in the way of karma, or whatever.
People equate a sense of what's right and fair with the criminal justice system as though they are one and the same. Lori Drew is an awful human being, and I hope she ends up living under an overpass and eating out of dumpsters. Because of that, people quite understandably believe that she deserves to be in prison. They just hop right over the hurdle of, "But what law did she break?"
It seems to me that the best way for justice to be served here
would be for some member of the victim's family to do her in, and
then for a jury to acquit said person. That would serve as a very
effective deterrent to any miscreants who might want to follow
Drew's example in the future.
-jcr
exactly what was the "murder"?
What's the murder when a mafioso orders a hit, but doesn't carry
out the dirty work himself?
Drew committed a fraud that induced her victim to commit
suicide.
-jcr
Did you know anyone like this, in say, high
school?
A couple of the kids my high school were power-hungry larval
politicians. Of course, we were in the DC suburbs, and some of
these kids were the offspring of elected parasites and their
staffers.
-jcr
I'd rather it be done stab-wound/rape combos in succession,
rather than all 23 stabs at once and then all 23 rapes following.
Prolong the pain, introduce some psychological torture, and all
that jazz you know.
Please take us libertarians seriously.
Come on, tortured? I sure hope those who believe that someone
who was mean on the internet deserves torture and death also
believe that those plotting to kill tens of thousands could receive
some a bit of torture, maybe even execution?
This woman might be a bully, but last time I checked, that isn't
cause for the death penalty. How many other people who committed
suicide had people bully them? And if someone's suggestion is
enough to indite for murder I suppose Judas Priest murdered those
two teenagers who shot themselves after listening to one of their
songs?
The people responsible for the death of this child are her parents
and the child herself.
If someone killed themselves because Al Gore had bullied them into
believing they were "murdering Gaia" would he deserve the death
penalty? Ok, I admit I might favor this one....
The people responsible for the death of this child are her parents and the child herself.
I agree with this and still think Lori Drew is loathsome (grown person emotionally manipulating a 13-year-old=loser.). This judge did do the right thing throwing out the conviction, however.
I'm being serious. Did you know anyone like this, in say,
high school?
The asshole who was always trying to organize everything in high
school is now the asshole mayor of Albuquerque.
.... "FWIW" Hobbit
SIV | July 4, 2009, 12:30am | #
TORTURE THE FUCKING CUNT!!! LYNCH THE BITCH!
Although the spoof post echoes my sentiments on the Drew case , I'm
notthe "ALL CAPS!" type of commenter.
Well the way I see it is the chick killed herself. There is no
one else to blame!
RT
www.anonymize.tk
It seems to me that the best way for justice to be served
here would be for some member of the victim's family to do her in,
and then for a jury to acquit said person. That would serve as a
very effective deterrent to any miscreants who might want to follow
Drew's example in the future.
Isn't this/was this legal in Texas?
Interesting examples on the tyrannical tyros. Guess my high
school, in suburban Charlotte, was just more laid back or
something. I mean, we had big strivers and high achievers and all
that. But as far as I know, all the student-council types went into
the corporate world, family businesses, etc.
None, as far as I know, kicked into MUST RULE THE WORLD mode.
"The Myth of Moral Justice" by Thane Rosenbaum
This book looks at our justice system. The author does a great job
of examining how plaintiffs look for the courts to give them some
sort of morally equivalent retribution and the courts structural
inability to do so.
I very good read IMO.
The only person from my school daze that loves him some power is now a state legislator in Idaho running for U.S. Congress. He is a bully of the first magnitude up there and a dumbass to boot. But he is a local good ole boy that brings home the pork to all the right folks and gets re-elected regularly. In middle school, he was a little whiny assed bitch that loved to suck up to the teachers and snitch on evil-doers. His appetite for power seemed to grow from the fact that he was a submissive mommas boy and all around authority pleasing punk.
O'Brien, a grandstanding prosecutor who bravely took on one
of the most reviled people in America by twisting federal law
beyond recognition so he could bring Drew to trial in Los Angeles
for actions that were not criminal in Missouri
This is definitely a guy who should die in a highly-publicized
episode of auto-erotic asphyxia in a sleazy Bangkok hotel room.
None, as far as I know, kicked into MUST RULE THE WORLD
mode.
Do you know anyone who votes?
Them.
(Being a pussy about it changes nothing.)
I was having a beer and a sandwich in a little roadside bar in
New York, many years ago, and in swaggered a New York State Trooper
(notorious authoritarian assholes, to a man), who was, I am
absolutely convinced, a guy I went to high school with.
That guy was a dickless bully in high school; State Trooper was a
natural progression for him.
That's another aspect of it; what about the dead girl's
parents?
They raised this girl to be such a fragile basket of neuroses that
this loser Drew could push her so easily over the edge.
What's the murder when a mafioso orders a hit, but doesn't carry out the dirty work himself?
Drew committed a fraud that induced her victim to commit suicide.
In the first case a murder actually occurred (though it was done by
someone besides the mafioso). In the second there was no
murder.
And note that if a mafioso decided that Tulpa needed to die and
arranged the hit, there's not much doubt that I'm going to be
murdered whether I like it or not. Whereas someone who commits
fraud in an effort to make me commit suicide is not going to be
successful without my cooperation.
Thank god. Everyone involved has been through hell and this assclown of a prosecutor has done nothing but draw it out and make it worse.
This reminds me of an issue I have with public attorneys who run
for office. Nearly every single one of them hold up their high
ratio of conviction rates as a reason to vote for them. in my mind
someone in that office should be more concerned with uncovering
truth rather than simply pushing for conviction on every single
case heard.
I know that's incredibly naive of me to say that but its how I
feel.
Keep in mind that the conviction rates are a percentage of cases the prosecutor chooses to bring to trial, not every case that the police investigate. So, high conviction rates can be a sign that the prosecutor hasn't been bringing cases to trial unless he or she already has enough evidence to convict. That's a good thing from a libertarian perspective, I think.
Speaking of second thoughts concerning the social utility of imprisonment...
This is a case where losing was the best thing but where I am not displeased the case was brought. What this woman did was horrendous. She was an awful woman. I didn't mind seeing her prosecuted and sweating about what she had done. But I didn't want her convicted as it would be a bad legal precedent. But Drew is someone who deserves the hatred of others for what she intentionally did to that young girl.
jcr: Drew committed a fraud that induced her victim to commit
suicide.
Therefore, could Drew would be justly prosecuted for committing
fraud, or lying?
Perhaps I've mellowed a bit on this case as no one in the community or, more justifiably, Megan Meier's family has resorted to extra-judicial punishment.My preferred penalties of the pear,molten lead,boiling oil,and breaking on the wheel probably don't pass Constitutional muster so I'll just say: Lori Drew, do the world a favor, please kill yourself cunt.
Lori Drew, do the world a favor, please kill yourself
cunt.
Just don't say that on a myspace page while pretending to be a
teenage boy. You might be prosecuted. Or is it persecuted?
Or is it persecuted?
It's called being held personally accountable, and all you
libertarian junkies had best ask why this woman isn't.
She connived to mislead and make vulnerable a young girl by
enticing her into believing lies; and the most disarming kind of
lies at that; but all some of you care about are the stupid,
impotent statutes. A girl is dead, some liars are skipping
off, and the rule book has been satisfied. What a crop of
abstracted, neutered verbiage the law is. A sick joke, perversely
intrusive until it fails; then everyone cries "freedom", because
accountability is nowhere to be found. A sick, ironic joke.
Where is the judge with balls enough to make this woman sit in a
room with the family and counsellors while they confront what she
has wrought? I guess on the hit and run internet, nobody is real;
certainly integrity is not the driving principle.
Personal responsibility? There was none. The dead girl was just a
child; wake the hell up.
Freedom, from the Truth | July 4, 2009, 11:47pm | #
Rorschach? Is that you?
"Rorschach? Is that you?"
haha
damned tricky situation, this woman was a clearly a bitch, but I
suppose its the equivalent of sneaking into you're kids school and
writing nasty graffiti about someone on a toilet door
If you have kids you just have to try your best to teach them to
deal with other people's aggression as its pretty much a certainty
in life unless you become a hermit
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I'm all for making this kind of behavior actionable or criminal, as long as it's done carefully to reach this kind of situation and not be overbroad. It could be something like an action for intentional infliction of emotional distress, and restricted to when the victim is known to be a minor or something. But if there was no such action or charge available in this case, to try to charge her with something that does not fit is a waste of time and an injustice...
It's called being held personally accountable, and all you libertarian junkies had best ask why this woman isn't.
Action: victims suicide
Mental state: victims depression
Who is personally accountable for what? The person accountable, and
oddly enough the one who committed an illegal act, is fucking dead.
She killed herself. What you want to do is place the blame for an
action on someone else. This has nothing to do with statutes, and
everything to do with the underlying logic and personal
responsibility. If everyone that was influenced by a conniving
misleading person in the US wanted to sue every politician would be
in a hurt locker.
There is no such thing as,"...done carefully to reach this kind of
situation and not be overbroad." The point is for the law or idea
to be applied blindly to all relevant situations and not have some
judge decided that, "oh this is particularly heinous, lets use the
mean rules now." A lot of rules and laws are there not only to
punish for actions against society, but to protect some of the
things society would arbitrarily punish because it doesn't like
them at sometime.
You can hate the woman all you like, but lynching her in court or
at the nearest tree is not an option.
It could be something like an action for intentional infliction of emotional distress, and restricted to when the victim is known to be a minor or something.
And when the minor or something is the aggressor, as in Get off my
lawn/Get your snub-nose out of my face/Get your sword out of my
kidney, you twerp or something?
You're giving cops and prosecutors and judges a lot to parse, and
we know how self-restrained they are...
Also, isn't the duty of a parent and schoolteacher intentionally to inflict emotional distress from time to time?
You're giving cops and prosecutors and judges a lot to
parse, and we know how self-restrained they are...
They aren't self restraining, like you point out. The next point is
this is why statues exist to restrain them. Even with statutes more
times than not they manage to remove intent of the statute from the
application of the statute and run roughshod over peoples
rights.
"The person accountable, and oddly enough the one who committed
an illegal act, is fucking dead. She killed herself."
Dude, she was a minor. We don't hold minors accountable for things
they were induced into, we tend to hold the adult inducer (e.g.,
statutory rape).
anarch
In most IIED standards the conduct must be outrageous, and I hope
most parents and teachers don't fall under that in dealing with
minors...
MNG, would you hold cops dealing with emotionally disturbed persons to the same standard as, or a lower or a higher standard than, everyone else? (Figuring out that syntax gave me emotional distress.)
Dude, she was a minor. We don't hold minors accountable for
things they were induced into, we tend to hold the adult inducer
(e.g., statutory rape).
Minors are often held accountable for their actions, especially
those actions ending in death. Society has just determined they are
less severely punished. Your entire argument hinges on being
"induced" which is a thin legal, moral, and logical line to walk
even with respect to minors. If you want to start trying people for
inducing others into action over the internet through lies you are
going to run into a very messy situation. The, "protect the
children" line of thinking when promulgating law is dangerous to
say the least.
(The right thread.)
Cyber-bullying is bullshit. It's nothing more than a shift of
personal responsibility from parents and individuals to someone
else. The idea that my calling anyone a fucktard online or telling
someone they should go play in traffic is an actionable crime based
on the actions of the person it was directed at is absurd.
The hypocritical nature of posts here calling for her death or
worse because she was mean on the internet are pretty funny. If she
killed herself tomorrow we would be looking at quit a few criminals
by their own standards.
I wouldn't make mean on the internet actionable, but outrageous
behavior (making up a fake teen-ager, pusposefully befriending a
known unstable minor, and then intentionally trying to inflict
emotional distress on that minor)
I agree you have to be careful to make this narrow.
To be fair, what Drew did went far, far beyond just calling
someone a name on a message board. She went to a great amount of
trouble to press all the right buttons on this girl, and had this
girl's suicide as her specific goal. She is human scum and needs to
be held accountable in the court of public opinion (which I'm
fairly sure she will be).
Unfortunately, I don't see how there could be a clear, non-vague
statute that forbids what she was doing but doesn't forbid other
activity that should be legal. And I sure as hell don't trust
prosecutors and judges to use their judgement to choose between the
two.
I agree you have to be careful to make this
narrow.
But how? You have to admit it may not be possible to do so.
If it were not possible to make it narrow enough, I'd rather not
have any law...The intentional infliction of emotional distress
stuff I talked about above has usually been held to apply to just
outrageous stuff like what what Drew did. Perhaps if we were to
fashion a criminal statute we could make an IIED to minors type of
thing, with the idea that adults usually are and should be
considered accountable for their own acts, but minors not so
much...We could make it an element that the person had to know the
victim was a minor...
So the elements would be:
1. Defendant acted intentionally or recklessly; and
2. Defendant's conduct was extreme and outrageous; and
3. Defendant's act is the cause of the distress; and
4. Victim suffers severe emotional distress as a result of
defendant's conduct
5. Defendant knows or has reason to know that victim was a
minor
So the usual flame war here on reason would not qualify. It's not outrageous or extreme enough, and/or no reason to assume the recipient or target is a minor, etc.,
Tulpa: "She had suicide as a specific goal?" That is assuming
something about the other person's motivation that you really don't
know.
To "induce" even a minor to commit suicide is sort of like inducing
them to kill someone else, or rob a bank. Suggesting to a minor
that they commit a crime, whether done seriously or in jest, (or
part way in between) is not admirable, but to try and prosecute? It
gets murky.
It is tragic that the girl took her own life, but the little
deception on the Internet contributed only partially to it; it was
not the sole cause, and it is impossible to determine if even it
was the primary one.
The Mother may not want to face the fact that her daughter was
extremely fragile emotionally; it is easier for her to come to
terms if she can blame someone other than her daughter.
anarch,
If nothing else, Im guessing Douglas Gray learned to use pronouns
more carefully.
Yes, yes, he (Gray) never actually said it (the title of the
film).
For fuck sake, there is no such thing as cyber-bullying. If you
don't like people saying mean and nasty things about you on the
internet, fucking ignore them. Christ, what the fuck ever happened
to "Stick and stones may break my bones but words may never hurt
me"? Evidently we are supposed to wipe our ass with the
Constitution because some unstable teenager whose parents were
obviously on a 13 year vacation committed suicide after she was
"dumped", from miles away by an imaginary boy she obviously never
even met.
If you don't like being pestered online, fucking ignore it. There
is no inalienable right for thin skinned crybabies not to have
their feelings hurt.
"3. Defendant's act is the cause of the distress; and"
Geez, that isn't more broad than the Pacific Ocean, is it?
Exactly what is defined as "distress". Does that mean if a whiny
little crybaby gets upset because of insults, it should be a
prosecutable offense? Some people are distressed over the most
minor shit on Earth. It used to be we would tell them "too fucking
bad" or "quit being a crybaby" but now we are contemplating
throwing people in jail over this shit? If I want to insult and
tease people over the internet, that is my fucking right. If
someone doesn't like it, too fucking bad. Would I feel remorse over
it because someone ended up killing themselves? No fucking way. If
you are 13 years old and you hang yourself after being dumped by
someone you knew for a few months that you never even met, then
that is no one else's fault.
"3. Defendant's act is the cause of the distress; and"
Geez, that isn't more broad than the Aegean Sea, is it?
Exactly what is defined as
"cause".
Isn't this/was this legal in Texas?
Well, a jury can always acquit a defendant, anywhere in the USA. In
Texas, you have the option of what's known as the "he needed
killing" defense, which is a justifiable homicide theory; the
defense is allowed to introduce evidence against the character of
the deceased. The jury has to agree for this to succeed, of
course.
-jcr
I don't see how there could be a clear, non-vague statute
that forbids what she was doing but doesn't forbid other activity
that should be legal.
There are places that have laws to punish "inducement to
suicide".
And I sure as hell don't trust prosecutors and judges to use
their judgement to choose between the two.
That's what juries are for.
-jcr
It seems like it is getting harder to trust juries with some of
the manipulations that have gone on with jury instructions and
evidence rulings. At least it seems that way.
I can't find the article, but I read an article with numerous
quotes from jurors based on them only being allowed a narrow window
judge the case. (if I find it I will post it)
Any insight lawyerly person?
That's what juries are for.
Let me rephrase: And I sure as hell don't trust prosecutors,
judges, or the juries selected by prosecutors and
manipulated by judges to use their judgement to choose
between the two.
I prefer jury trials to judge trials in criminal matters. However,
I definitely prefer no trial at all when you're talking about
something that shouldn't be illegal at all. You want to be thrust
into a trial before a jury full of mommies and daddies for calling
some kid a whiny asshole on the Internet and making him cry all
night? I sure as hell don't.
> If you want to start trying people for inducing others into
action over the internet through lies you are going to run into a
very messy situation.
Let's hope it's even messier to start trying people for inducing
others into action over the internet through *truth*.
This is great news. My fake blog (youareadouchebag.com) that causes people to commit suicide can go back online.
Now we just have to figure out a way to lure Barney Frank to your site. The obvious route of sending him an email offering free gay porn may be blocked by his spam filter, so we may have to be more clever.
I wouldn't make mean on the internet actionable, but
outrageous behavior (making up a fake teen-ager, pusposefully
befriending a known unstable minor, and then intentionally trying
to inflict emotional distress on that minor)
I agree you have to be careful to make this narrow.
The only way to sufficiently narrow it, MNG, would be to put
strikeout tags before and after the proposed law, making it blank
out.
Emotional overreaction to a single situation when making laws,
while ignoring the actual consequences on all other situations,
generally does not end well.
Emotional overreaction to a single situation when making
laws, while ignoring the actual consequences on all other
situations, generally does not end well.
With one One notable exception.
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