Intellectual Property Law

Prosecutors in Missouri have been filing a flurry of charges under a new anti-cyberharassment statute that was passed as a result of the landmark Lori Drew/MySpace cyberbullying case.

The law went into effect in late August and was passed after 13-year-old Megan Meier hanged herself in Missouri in 2006 following online harassment through a MySpace account.

When a press report in 2007 revealed the role that 47-year-old Lori Drew played in Meier's harassment, local authorities felt pressured to charge Drew with a crime, but could find no law under which to prosecute her. So Missouri lawmakers drafted legislation to outlaw future threats or harassing communication that causes emotional distress.

Under the law, perpetrators can be charged with a misdemeanor or felony.

In the three months since the law took effect, Missouri authorities have wasted little time in bringing charges against seven people, according to the St. Louis Post-Dispatch.

• A 21-year-old woman named Nicole Williams was charged for allegedly sending harassing text messages to a 16-year-old girl and allowing others to use her cellphone to leave vulgar voicemail messages for the victim threatening her with rape, among other things. Williams allegedly targeted the teen over a jealous dispute involving a boy, according to the Post-Dispatch.

• Two St. Louis men were charged separately with sending harassing text messages to their ex-girlfriends.

• A man protesting the development of a proposed resort was charged with sending a threatening e-mail to city hall staff.

• A 28-year-old woman was accused of sending harassing text messages to her ex-husband's girlfriend.

• A 19-year-old man was charged with sending some 17 text messages to his mother's husband.

• A 17-year-old involved with a classmate in a dispute over a girl is accused of sending the classmate death threats via text messages.

Nicole Williams' attorney says the law was poorly written and hastily passed in an effort to appease the public's anger over Drew's involvement in Meier's death.

Megan Meier was lured into an online MySpace relationship by a 16-year-old boy named "Josh Evans" who rejected her a month later, telling Meier the world would be better place without her. Authorities later learned that Drew, along with her 13-year-old daughter and an 18-year-old family friend and employee, created the fake "Josh Evans" MySpace account to lure Meier into a relationship and determine if Meier was spreading rumors about Drew's daughter.

Meier, who had a history of depression and emotional instability, hanged herself in her bedroom after being attacked by "Josh."

After Missouri authorities concluded they could not charge Drew with any crime, federal prosecutors in Los Angeles decided to use a federal anti-hacking statute, the Computer Fraud and Abuse Act, to charge Drew with three felony counts of unauthorized access to MySpace's computers and one felony conspiracy count. Drew was acquitted of the three felony counts for unauthorized access but was convicted on three lesser misdemeanor charges of unauthorized access. A jury deadlocked on the fourth charge of conspiracy.

Prosecutors have been criticized for using the CFAA to prosecute Drew. The case is likely to be appealed, at which point experts expect the verdict to be overturned.

At least 18 states currently have laws addressing cyberbullying and harassment.

See also:

• Lori Drew Files New Bid for Dismissal on Grounds that MySpace Authorized Access
• Jurors Wanted to Convict Lori Drew of Felonies, But Lacked Evidence
• Can Lori Drew Verdict Survive the 9th Circuit Court?
• Dead Teen's Mother: Misdemeanor Convictions a 'Stepping Stone' in Cyberbullying Case
• Lori Drew Not Guilty of Felonies in Landmark Cyberbullying Trial