HLN Prime News
with Erica Hill / 1/9/08
ERICA HILL:
A story we have been covering for some time and an important update
on an on-line hoax that went horribly wrong – so wrong it led to the
suicide of a 13-year old girl. But there were never any charges
brought against the accused perpetrators. Now things may change.
RICHELLE CAREY is joining us now with the latest on this discussion
which is a wake-up for on-line criminals and in fact anybody who is
using the internet
RICHELLE CAREY:
That’s the truth,
Erica. This is a story which has made people mad – really mad. Let
me take you back for just a second. Thirteen-year old Megan Meier
died last year. She was absolutely distraught after she was rejected
by a 16-year old boy she met through her MySpace website. Here’s
where the story becomes unbelievable. The boy, turns out, was the
mother of Megan’s former friend using a false on-line identity. The
Missouri prosecutors declined to file charges against the woman
because basically they felt there was nothing they could charge her
with but now a Los Angeles grand jury is reportedly investigating
the on-line hoax that led to Megan’s suicide. The L.A. Times reports
the grand jury has already issued subpoenas and this is happening in
Los Angeles because that is where MySpace is based.
ERICA HILL:
Okay, so then who
specifically are they going after at this point? First I should say.
RICHELLE CAREY:
First they issued
the subpoenas, according to the Times, to MySpace. They’ve been
subpoenaed. They are going after the mother based on the idea of
fraud. They are saying she defrauded MySpace because she set up a
false account. That’s where they are starting right now according to
the Times.
ERICA HILL:
Okay. What makes
the feds think they can actually succeed here when the state has
tried very, very hard.
RICHELLE CAREY:
The governor has
set up a task force to see what they could do. We are going to put
that question to our favorite legal mind former U.S. attorney,
Kendall Coffey
KENDALL COFFEY:
It was enacted in
2006, a new federal law that makes anonymous cyber-abuse a crime
potentially prosecutable for two years hasn’t been tested by the
courts yet but if you ever wanted to see a case where that kind of
law ought to apply this might be the case. It’s come up before in
the context, for example, of a very similar law that dealt with
anonymous phone calls that were used to harass, to intimidate, to
threaten. Those laws were largely validated. Again, it is unclear
here but if you take words like abuse, if you take words like
harass, if you take words like threats, and then you look at what
was done to this little girl, I think the court is going to find
that the First Amendment doesn’t protect that kind of conduct.
ERICA HILL:
The mother that
set up this account, she is really having a tough time in her
neighborhood. She’s basically been ostracized and even gotten death
threats.
