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MySpace Harassment Case Takes Odd Turn

Localities looking at "cyber-harassment" laws

By David Wood
ConsumerAffairs.com

January 11, 2008

• Facebook Agrees to Upgrade Safety Measures • Hanna Montana Photo Flap Part of a Trend • New Jersey Investigating College Gossip Site • No Easy Remedy for Imposter Postings on Social Networking Sites • Social Networking Sites Not the Biggest Danger for Teens? • Keeping Teens Safe Online • MySpace Agrees To Toughen Security For Young Users • MySpace Harassment Case Takes Odd Turn • Texas Sues Kids' Web Sites • States Keep the Heat on Facebook, MySpace • Texas Rounds Up 14 Sex Offenders on MySpace • New Jersey Subpoenas Facebook • Predator Who Used MySpace Gets Seven-Year Sentence • Facebook Has 'A Long Way to Go,' Investigators Say • Cuomo Charges Facebook Ignores Sexual Predators • MySpace Deletes More Sex Offenders • New Jersey Targets Sex Offenders With MySpace Profiles • States To Get MySpace Sex Offender Data • MySpace Deletes Thousands Of Sex Offenders • States Press MySpace For Data On Sex Offenders • Survey Finds Teen Behaviors Linked with Victimization • New MySpace Security Measures May Be Too Late • MySpace Builds Database to Target Predators • Pittsburgh Man Arrested in MySpace Sex Case • New Scam Targets MySpace Users • States Cracking Down on Dating Sites • MySpace Glitch Gives Hackers Teen Data • FTC "Concerned" About MySpace & Other Networking Sites • Texas Teen Sues MySpace for $30 Million • MySpace Debuts $1.99 Video Downloads • Massachusetts Puts Heat on MySpace.com • MySpace Names Security Czar • Connecticut Asks MySpace to Provide Blocking Software to Parents • What's Inside MySpace.com? • Connecticut Opens MySpace.Com Probe --- • MySpace Complaints • Facebook Complaints

In what the Los Angeles Times described as a "novel approach," a federal grand jury has reportedly begun issuing subpoenas to MySpace and others involved in the case of 13-year-old Megan Meier.

Megan, who lived in the small community of Dardenne Prairie, Missouri, a half-hour drive north of St. Louis, hanged herself in October 2006 because of a relationship gone bad through the popular online hangout, MySpace.com.

Shortly after joining MySpace, Megan heard from "Josh Evans," who claimed to be a 16-year-old boy who had recently moved to the area. "Josh" and Megan struck up an online friendship, until a few weeks later when "Josh" turned against Megan.

Although Megan and "Josh" had never met, Megan felt devastated by the betrayal, ran to her bedroom, and was later found hanging from her neck in a closet.

Her parents had no idea who "Josh" was until weeks later when it was revealed that "Josh" was in fact a hoax, allegedly created from a home located four doors down from Megan's house, a home occupied by Lori Drew.

Drew's 13-year-old daughter had been a friend of Megan's since elementary school, but recently the two teens had a falling out. It's now alleged that "Josh" was created to spy on Megan in an effort to find out if she was saying negative comments about the Drew's daughter, whose name has not been published because she is a juvenile.

After a yearlong investigation by the FBI, the U.S. Attorney's Office, and the St. Charles County, Missouri prosecutor, no charges were filed.

"Lori Drew was not aware of any mean, nasty or negative comments made by anyone against Megan until after Megan took her own life," said James Briscoe, the attorney for Lori Drew. However, the police did report that Lori Drew initially said that she "instigated and monitored" the "Josh" MySpace account.

As the Los Angeles Times first reported, an anonymous source has said that although the Meiers and Lori Drew live in Missouri, a California federal grand jury has begun issuing subpoenas in the case. Thom Mrozek, spokesman for the U.S. Attorneys Office in Los Angeles, had no comment on the Times story.

Federal prosecutors in California are involved because MySpace is headquartered in California. In effect, California prosecutors are considering whether MySpace is the "victim" based on allegations that Lori Drew or someone in her home created a fake MySpace profile, thus defrauding MySpace.

This could lead to allegations that MySpace was defrauded by someone in the Meier home because, according to the MySpace terms of use, Megan was not old enough to have an account.

Cyber-harassment laws

Meanwhile, the case is leading local governments and politicians to take a closer look at "cyber-harassment."

In Megan's hometown of Dardenne Prairie, the local Board of Aldermen passed a measure that makes cyber-harassment a crime punishable by up to 90 days in jail and a maximum $500.00 fine.

According to the ordinance, a person commits the offense of cyber-harassment if they use an electronic device (e-mail, instant messaging, etc.) to intentionally harass another person. This includes taking actions meant "to alarm, annoy, abuse, threaten, intimidate, torment or embarrass any other person..."

Such laws are likely to face vigorous challenges on First Amendment grounds, observers noted.

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