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Drew trial raises questions over server storage

by Shaun Nichols

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22 Nov 2008

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The MySpace suicide case raises an interesting dilemma for prosecutors

The prosecution has rested its case in the trial of a woman accused of driving a girl to suicide via MySpace.

Federal prosecutors have made their case against Lori Drew, a mother from Missouri who allegedly set up a phony MySpace page to pose as a teenaged boy and taunt 13-year old Megan Meier, a former friend of Drew's daughter.

The case raised an interesting dilemma for prosecutors who handle crimes committed using Web 2.0 services.

After Missouri prosecutors had declined to press charges in the case, federal authorities intervened and charged Drew, claiming that because MySpace has its servers in Los Angeles, the case fell under federal jurisdiction.

Witnesses for the prosecution included a former employee of Drew's who helped set up the account and sent some of the messages from the fictional boy.

Shortly after prosecutors rested their case, Drew's lawyers asked for a dismissal, claiming that Drew had never read or agreed to the MySpace terms of service, and therefore did not know she was in violation, negating the charges of conspiracy and unauthorised access to a computer.

Both sides will be asked to provide the judge with a written argument on the motion by Monday.

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