LOS ANGELES – A Missouri woman convicted in the nation’s first cyberbullying trial could go free after all.
U.S. District Judge George Wu has tentatively acquitted Lori Drew of misdemeanor counts of accessing computers without authorization. His ruling becomes final when it is issued in writing.
Drew was convicted in November 2008 for her role in a MySpace hoax directed at 13-year-old Megan Meier. Prosecutors claim Drew tried to humiliate Meier by creating a fictitious teenage boy who flirted with Meier on MySpace. The fake boy, named “Josh”, told Meier she was “sexi” and “I love you so much”. The fake boy later dumped Megan in a message which said the world would be better without her.
Meier hanged herself a short time later in October 2006. Prosecutors say she had sent a response to “Josh”, saying, “You are the kind of boy a girl would kill herself over”.
Drew was not charged with causing Meier’s death, but was indicted under the federal computer fraud and abuse act. The law is also used in hacking cases.
Judge Wu threw out the conviction, saying if Drew was convicted for illegally accessing computers, anyone who had ever violated the MySpace terms of service would be guilty of a misdemeanor. Wu said he was concerned that sending Drew to prison for violating the site’s service terms would set a dangerous precedent.
Drew had been expected to be sentenced in May, but the judge delayed sentencing to review the defense motion for dismissal. Drew’s attorney maintained the charges should never have been brought against her.
