We have civil libel for a reason. We can work our problems utilizing one of the countless, exceptionally eager lawyers among us. This government intervention in libel is unnecessary -- and could spiral into a crush of prosecutorial abuse. Worse, such cases can make us all suspected criminals.
Take the case of that harebrained nitwit Lori Drew. She is the central figure in a now-infamous MySpace hoax case. After her daughter was spurned by some kids, Drew helped to create a fictitious boy online to win the heart of one of the offending girls and then sent missives calling the girl "fat" and a "slut." Someone, maybe not Drew, eventually sent the girl a message stating, "The world would be a better place without you." The distraught girl hanged herself.
This tragic tale proves that Drew is heartless and irresponsible. Yet are we prepared to charge government with the task of probing posts and e-mails with hurtful phrases?
In fact, the inconvenience for prosecutors in Drew's home state of Missouri was that she didn't actually break any laws. No worries. A crusading U.S. attorney, Thomas O'Brien, in Los Angeles -- the home base of MySpace -- came through with a nonsensical charge that allowed the jury to charge Drew.
No, Drew wasn't convicted of driving the girl to suicide or using her measly judgment in a criminal manner. In the end, they got Drew for violating the Computer Fraud and Abuse Act. Drew, prosecutors claimed, broke this law when she violated the terms of MySpace's service agreement.
I'm unsure whether I ever have read a "terms of use" Web site agreement in my entire life. (I hope not.) It's possible that I break rules each day of my virtual existence. If that's the case, Web sites easily can rescind my membership.
Now, because of the selective outrage of a preening official in California, I can be charged with a federal crime. And I bet I'm not alone. |