JS-Kit/Echo comments for article at http://smallestminority.blogspot.com/2008/06/we-never-intended-law-to-mean-that.html (9 comments)

  Tentative mapping of comments to original article, corrections solicited.

jsid-1213634241-593229  Quentin at Mon, 16 Jun 2008 16:37:21 +0000

I would string her up on an old fashioned whipping pole, in a public place in her city, and give her 100 lashes. I'm quite serious.

jsid-1213634326-593230  Joe Huffman at Mon, 16 Jun 2008 16:38:46 +0000

Anonymous? Maybe that is, but Lyndon Johnson said something very similar.

jsid-1213634772-593231  Kevin Baker at Mon, 16 Jun 2008 16:46:12 +0000

Yeah, I've seen several variations on the theme. I have another on my computer at home that has attribution, but it's not the Lyndon Johnson one.

And I'm in agreement with Quentin. However, the fact remains that there's no law against what she did, and stretching a law out of recognition in order to punish her is not a solution I approve of.

jsid-1213641122-593237  DJ at Mon, 16 Jun 2008 18:32:02 +0000

Remember the Simpson case. I wonder what remedies the civil courts have to offer.

jsid-1213659420-593250  Ed "What the" Heckman at Mon, 16 Jun 2008 23:37:00 +0000

I would think that something like this would fall under general harassment or stalking laws.

jsid-1213660629-593252  Kresh at Mon, 16 Jun 2008 23:57:09 +0000

I'd call it assisted suicide, myself.

Still, a tragedy no matter how you look at it and an excellent argument for supervising your children on the intartubes.

jsid-1213668473-593256  Ninth Stage at Tue, 17 Jun 2008 02:07:53 +0000

I'm thinking RICO.

jsid-1213669973-593257  juris_imprudent at Tue, 17 Jun 2008 02:32:53 +0000

Thomas O'Brien, the U.S. Atty behind this "novel" application of the law is now on my list of people I will never support for public office.

jsid-1213691945-593266  Daniel Newby at Tue, 17 Jun 2008 08:39:05 +0000

It's really simple. If the defendant violated the MySpace service contract (probable), and sent information across state lines to do it (probable), then there is reasonable cause for a prosecution. MySpace has the same standing to have its servers protected as, say, a stockbroker.

The real dispute will be over liquidated damages. The MySpace contract almost certainly says that the service to the decedent was provided as-is, with no guarantee of usefulness or suitability for any purpose whatsoever. If so, then the defendant's alleged misuse did not cause any duty to the decedent to be violated. The liquidated damages will probably only be a token amount for MySpace's expenses in cleaning up and investigating the matter.

"The statute used to indict Drew usually applies to Internet hackers who illegally access accounts to get information."

The law covers damn near all unauthorized interstate use of a computer. The Feds usually don't have the time to deal with small violations, but many phone phreaks and digital pranksters can attest that they will make the time if you draw attention. Never, never, never get caught messing with a computer across a state line.

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