Posted by Orin Kerr:
Joined the Defense in *United States v. Lori Drew*:
http://volokh.com/archives/archive_2008_10_19-2008_10_25.shtml#1224566112
I have blogged before about the remarkable case of United States v.
Lori Drew, the so-called "MySpace suicide" case, in which the
government is claiming that it is a federal crime to violate Internet
Terms of Service. At the time, I had explained why I thought the
prosecution was terribly misguided, and I mentioned that I had
provided some informal advice to the defense.
In the last two weeks, I have gone one step further: I have formally
joined Dean Steward, counsel for Lori Drew, as Drew's co-counsel. My
participation is pro bono, based on my strong sense that the
government's theory of the case poses a very real threat to civil
liberties online. (Check out [1]my 2003 article on the Computer Fraud
and Abuse Act to see why.)
In any event, I don't plan to blog much about the case, but I did
want to post some of the recently-filed legal documents in the case
and just mention my involvement. The documents are below.
1. [2]Defense's Court Ordered Supplement to Motions, filed October
6.
2. [3]Government's Response to Court's September 23 Inquiry, filed
October 6.
3. [4]Defense's Reply to Government's Response to Pre-Trial
Conference Order, filed October 20.
References
1. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=399740
2. http://volokh.com/files/Oct6filing.pdf
3. http://volokh.com/files/Oct6Govtfiling.pdf
4. http://volokh.com/files/Oct20filing.pdf
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