Wednesday, September 2, 2009

Myspace conviction overturned: ToS violation too broad for prosecution

A conviction of a woman who allegedly 'cyber-bullied' a 13 year to girl, who subsequently committed suicide, has been overturned. The conviction was based on the Computer Fraud and Abuse Act, which is aimed at computer hackers, and the judge found that it could not be stretched to include mere violations of a terms of service.

However, judge Wu did not rule out the possibility of a ToS violation resulting in conviction, just that the ToS violation here was not a circumstance in which conviction under the Act was appropriate.

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