Suicide, Social Networking and EULAs
As I'm sure you've heard by now, the Judge has overturned the verdict against Lori Drew with regard to the suicide of Megan Meier, a thirteen year old Missouri girl. In short, Lori Drew created a fake MySpace account and then taunted a thirteen year old girl who was apparently having some issues with Lori Drew's daughter. The thirteen year old girl then committed suicide.
An attorney once told me that in order to successfully win a case, you have to create a laser line of causation showing that person A directly caused B to happen to person C. In this case, did the prosecutors prove that? Though I think Lori Drew acted in an irresponsible, reprehensible manner, I don't see a laser line. Did Lori Drew cause the death of Megan Meier? Indirectly, yes. She certainly set a series of events into motion, much like a cascade of dominoes. But in reality, Megan committed suicide. The prosecutors in this matter used an unusual tactic, calling into question the legality of the creation of the fake MySpace account.
Although the EULA may prohibit fake accounts, do we really want to criminalize that action? A lot of people DO create fake accounts, for various reasons. My daughter (now 14) recently created a Facebook account using a fake name. When I questioned her about it (intending to punish her), she said she was being safe. She didn't want to use her real name because she's heard about online predators and she didn't want them to be able to find her. Does this violate the EULA? Probably, though honestly, I haven't read it either. Does her reasoning make sense? I have to say yes, and after considering her reasoning, I may very well let her keep using a fake name.
And then there's the issue of Megan Meier. She committed suicide. I hope young people and their parents are discussing this case, because communication might have helped her deal with the hurtful things Lori Drew said to her online. Unfortunately, those very things could have easily been said by a real teen. It happens all the time. Cyberbullying is something we need to talk to our kids about, just like good old fashioned bullying. If you have a child, educate yourself and keep the lines of communication open so your kids will hopefully talk to you if they are the victim.
Just glancing over this post, you can see how difficult it is to keep that laser line of fault straight. It's a zig-zag of cause and effect, which makes successful prosecution of this case nearly impossible. I hope it is a cautionary tale that is discussed across the country, so that we can avoid anything like this happening again.
(and, for what it's worth, I'm glad that the EULA didn't hold much weight - how many people actually read those things? That's for another post . . .)
An attorney once told me that in order to successfully win a case, you have to create a laser line of causation showing that person A directly caused B to happen to person C. In this case, did the prosecutors prove that? Though I think Lori Drew acted in an irresponsible, reprehensible manner, I don't see a laser line. Did Lori Drew cause the death of Megan Meier? Indirectly, yes. She certainly set a series of events into motion, much like a cascade of dominoes. But in reality, Megan committed suicide. The prosecutors in this matter used an unusual tactic, calling into question the legality of the creation of the fake MySpace account.
Although the EULA may prohibit fake accounts, do we really want to criminalize that action? A lot of people DO create fake accounts, for various reasons. My daughter (now 14) recently created a Facebook account using a fake name. When I questioned her about it (intending to punish her), she said she was being safe. She didn't want to use her real name because she's heard about online predators and she didn't want them to be able to find her. Does this violate the EULA? Probably, though honestly, I haven't read it either. Does her reasoning make sense? I have to say yes, and after considering her reasoning, I may very well let her keep using a fake name.
And then there's the issue of Megan Meier. She committed suicide. I hope young people and their parents are discussing this case, because communication might have helped her deal with the hurtful things Lori Drew said to her online. Unfortunately, those very things could have easily been said by a real teen. It happens all the time. Cyberbullying is something we need to talk to our kids about, just like good old fashioned bullying. If you have a child, educate yourself and keep the lines of communication open so your kids will hopefully talk to you if they are the victim.
Just glancing over this post, you can see how difficult it is to keep that laser line of fault straight. It's a zig-zag of cause and effect, which makes successful prosecution of this case nearly impossible. I hope it is a cautionary tale that is discussed across the country, so that we can avoid anything like this happening again.
(and, for what it's worth, I'm glad that the EULA didn't hold much weight - how many people actually read those things? That's for another post . . .)
Posted by Lori Robinett at 9/1/2009 11:05 AM 
Categories: uncategorized
Tags: paralegal legal assistant Lori Drew EULA
Categories: uncategorized
Tags: paralegal legal assistant Lori Drew EULA
This is of particular interest to me. For the last year and one half, I have been subjected to a disgruntled former partner's rantings, ravings, defamation, libel and slander, accusations, and more on the Internet, in phone calls and more. They have posted defaming things about me, blogged about me, and written untrue and hateful things on their listserv. The abuse continues. It's hard to believe that anyone would be so obsessed with stories they simply made up.
Further, my son has been contacted and threatened on his job and more by this person. They took personal papers and posted them anonymously with information about my ss#, bank accounts, mother's maiden name, date of marriage, date of birth and more. It was an identity thief's dream come true. And they will not stop.
This so-called "paralegal expert" and their band of biddies has caused me to wonder if I shouldn't be using another name to protect myself and my family from their vicious and harmful attacks , cyberstalking, cyberbullying and more plus the tortious interference with my business.
However, I am going to continue to do my job, to continue to be out in the community and continue to rise above the small mindedness and vindictiveness. It's tough and I do empathize with everyone who has ever gone through this. It's no way to live.
The main thing to remember is that these kind of people can only get you down if you let them. And frankly, they are just not worth the time, the effort or the attention.
Bullies are bullies and if they had a healthy life, they wouldn't be so obsessed. No one should ever be intimidated by these windbags. If it happens to you, hold your head high, stay positive, seek out your friends and move ahead with your life. It's so much healthier and a much better way to live.
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Another well done post. As the mother of a teenage daughter, I found Drew's conduct morally reprehensible - but as a legal professional I did not think she would be held criminally or civilly liable under current law. By the way, I find your daughter's logic very sound!
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