Posted by Eugene Volokh:
Judge Tentatively Dismisses Charges Against Lori Drew:
http://volokh.com/archives/archive_2009_06_28-2009_07_04.shtml#1246566948
You may recall that this is the case in which our coblogger Orin Kerr
(currently on leave from the blog because of his temporary government
position) participated; he has written the leading law review article
on the statute involved. Here's a brief excerpt from an [1]L.A. Times
blog:
A federal judge tentatively decided today to dismiss the case
against a Missouri woman who had been convicted of computer fraud
stemming from an Internet hoax that prompted a teenage girl to
commit suicide.
Lori Drew of Dardenne Prairie, Mo., was convicted in November of
three misdemeanor counts of illegally accessing a protected
computer.
The decision by U.S. District Judge George H. Wu will not become
final until his written ruling is filed, probably next week. Wu
said he was concerned that if Drew was found guilty of violating
the terms of service in using MySpace, anyone who violated the
terms could be convicted of a crime....
Drew 50, was to be sentenced in May but Wu had delayed the
sentencing until today, saying he wanted to consider the defense
motion to dismiss the entire case.
A federal jury convicted Drew in November of the three misdemeanor
charges but deadlocked on a felony conspiracy charge that would
have carried a sentence of up to 20 years in prison....
References
1. http://latimesblogs.latimes.com/lanow/2009/07/myspace-sentencing.html
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