Court papers filed yesterday show that while what Drew did can be seen as wrong, there is no actual legal sanction against it. Drew’s assumed identity of a 16-year-old-boy ‘Josh Evans’ and a count of conspiracy is all she can be pinned for.
Defence attorney H. Dean Steward wrote: “The government, in its zeal to charge Lori Drew with something, anything, has tried to criminalise everyday, ordinary conduct: the wayward or misuse of a social network site”.
This causes a problem, as Drew is but a drop in an ocean of people who commit this ‘crime’ every day.
A former computer crime prosecutor, Mark Rasch confirms this point by noting that “the problem with this case is it makes a criminal out of virtually everybody online.”
Orin S. Kerr, a former federal computer crime prosecutor points out that “the possibilities for abuse are endless because Web site terms of service are arbitrary”, and so the debate continues.