• by Wendy Davis , Staff Writer @wendyndavis, August 4, 2008

A coalition of law professors and digital rights groups like the Electronic Frontier Foundation is asking a judge to dismiss the case against Lori Drew, the Missouri resident facing criminal computer fraud charges related to the suicide of 13-year-old Megan Meier.

Drew allegedly helped set in motion the chain of events that culminated with Meier's suicide by creating an account for a fictional teen boy, "Josh Evans." Other teens then allegedly used that account to torment Megan Meier, first by pretending that Josh Evans was interested in her, and then by having him reject her. After the teen received a message that "the world would be a better place" without her, she hanged herself.

While the incident was an undeniable tragedy -- perhaps the best-known of the Web 2.0 era -- that doesn't make it a crime. In fact, when state authorities in Missouri investigated, they couldn't find any statute they could charge Drew with having violated.

But that didn't stop the feds from swooping in and drafting an indictment accusing Drew of computer fraud for violating the fine print in MySpace's terms of service by supposedly creating a profile with a phony name.

Now, anyone who has ever used the Web should know there's a problem with that theory. It shouldn't take a private detective to figure out that people often create Web pages or sign up for sites under pseudonyms. Neither should it take some sort of super-sleuthing skills to realize that people make hurtful comments online, often under fake names.

"This effort to stretch the computer crime law in order to punish defendant Drew for Miss Meier's death would convert millions of other internet-using Americans who disregard the terms of service associated with online services into federal criminals," the digital rights groups and law professors point out.

Yes, it's bizarre for an adult to enable teens to engage in this type of behavior. But using a fake name -- or, for that matter, making mean statements -- is typically protected under the First Amendment. And if Lori Drew is prosecuted for such activity, many, many other Web users are also at risk of criminal charges.