Good news for bad behavior: Cyberbullying mom aquitted.

Source: Reuters

Lori Drew will likely forever be known as the mom found guilty of "cyberbullying" and taunting teenager Megan Meier to commit suicide. Nothing, however, could be further from fact. Drew was, in fact, found guilty of violating MySpace's terms of service (ToS), by posing as a fictitious teenage boy, AKA "Josh Evans". A victory, perhaps, far greater for the software industry than for the Meier family.

Similar to convicting Al Capone for income tax evasion, ToS violations are more commonly associated with hacker prosecutions. US District Judge George Wu has now overturned the ruling, saying that the conviction could have set a dangerous precedent for other legal cases.

"Treating a violation of a website's terms of services ... to constitute 'intentionally accessing a computer without authorisation' ... would result in transforming (the law) into an overwhelmingly overbroad enactment that would convert a multitude of otherwise innocent internet users into misdemeanant criminals," according to Judge Wu.

Historically, companies have used their Terms of Service to govern what a user can and can't do with a product or service. Were similar constraints to be applied to other products, a car owner might, for instance, be required to purchase "Genuine GM Unleaded Fuel". While this may seem like a loss for the Meier family--and common sense--it's really a score for anyone who ever wanted the right to unlock or add functionality to their iPhone.

About Jeff M. Fischbach

Jeff Michael Fischbach is founder and President of SecondWave Information Systems (SecondWave.com), a consulting firm specializing in Forensic Technology. Since 1994, he has served as a board member and technology adviser to numerous professional organizations and corporations. Mr. Fischbach has been engaged as a litigation consultant and Forensic Examiner, offering expert advice and oversight on matters involving intellectual property, computers, information systems, satellite, tracking and wireless communications technologies. He has advised law enforcement, foreign government representatives, judges, lawyers and the press.