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.
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.
Note:
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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.
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.
Anonymous? Maybe that is, but Lyndon Johnson said something very similar.
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.
Remember the Simpson case. I wonder what remedies the civil courts have to offer.
I would think that something like this would fall under general harassment or stalking laws.
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.
I'm thinking RICO.
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.
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.
Note: All avatars and any images or other media embedded in comments were hosted on the JS-Kit website and have been lost; references to haloscan comments have been partially automatically remapped, but accuracy is not guaranteed and corrections are solicited.
If you notice any problems with this page or wish to have your home page link updated, please contact John Hardin <jhardin@impsec.org>