• by Wendy Davis  @wendyndavis, October 7, 2008

Lawyers representing Lori Drew, a Missouri resident accused of criminal computer fraud for allegedly helping create a phony MySpace profile used to torment a 13-year-old girl, filed new papers this week asking for the case to be dismissed.

Drew's attorneys argue that the fraud statute that Drew is accused of violating was aimed at preventing interstate theft, and not the conduct that allegedly occurred in the case.

But the U.S. Attorney's office, which also filed new papers this week, argued that the computer fraud law is flexible enough to cover Drew's alleged actions. "The legislative history demonstrates Congress' intent that (the computer fraud law) be available to be used in a fluid fashion to address new computer crimes as they emerged," the prosecutor argues.

Drew allegedly helped create a fake MySpace profile page for "Josh Evans"--a fictional 16-year-old boy. People posing as Josh Evans then contacted 13-year-old Megan Meier. After initially sending flirtatious messages, they started sending hurtful ones. The teen killed herself after "Evans" sent her a message that the world would be a better place without her.

State authorities in Missouri declined to bring charges against Drew, but federal prosecutors in California obtained an indictment against her for computer fraud on the theory that she violated MySpace's terms of service by creating a phony profile that she used to obtain information about Meier.

The case has drawn widespread interest, and a host of digital rights groups, including the Electronic Frontier Foundation have gotten involved. They argue that the case should be dismissed, saying that computer fraud laws were not intended to prevent people from signing up for social networking sites under false names.

Last month, federal district court judge George Wu in Los Angeles tentatively rejected two theories that defense lawyers had proposed for dismissing the case, but asked for additional briefing on several additional questions.

One issue Wu wanted briefed was whether the case belonged in federal court in California, given that the conduct occurred in Missouri. Wu also asked for arguments about whether the computer fraud law Drew was charged under prohibits only the theft of information--and if so, what was stolen.

Drew's lawyers argue that the statute only covers theft and that nothing was taken from MySpace's site, because MySpace disclaims any ownership in the material that people post on their profile pages.

Furthermore, they argue, if Meier was the victim of any information-theft, the case doesn't belong in federal court in California. "To the extent any 'theft' occurred, that theft was from (Meier) in Missouri to the defendant in Missouri. It was 'theft' down the street, not a theft of property in one state that was then transmitted to another state."

But the U.S. Attorney's office says the Los Angeles federal court can decide the case because it involves interstate communications. The prosecutor also argues that it will show at trial that Drew committed "theft" by deceptively obtaining information about Meier. "But for the fraud and deceit, defendant and her co-schemers would not have obtained access to (Meier's) personal page or been able to communicate with her," the prosecution alleges.

Wu will hold a hearing on the matter on Oct. 30.