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Woman cleared of felony over MySpace suicide

But still faces prison over fake MySpace account

A US woman has been convicted on three misdemeanour counts but acquitted of felony charges after being accused of creating a fake MySpace account to torment a girl who later committed suicide.

A jury in the US District Court for the Central District of California, in Los Angeles, convicted Lori Drew on three counts of illegally accessing a computer system by creating a MySpace account under an assumed name, said Thom Mrozek, a spokesman for the US attorney's office in Los Angeles. She could be sentenced to a year in prison and a $100,000 fine for each of the three counts, he said.

The jury acquitted Drew on similar charges at a felony level, which could have brought sentences of five years each. It deadlocked on a count of conspiracy. The defence has requested a new trial on the three misdemeanours, and Judge George Wu has set a hearing on that motion for December 29. The defence also made a motion to have the case dismissed, on which Wu might rule at any time, Mrozek said. Because of the pending motions, no sentencing date has been set.

Drew was accused of setting up a fake MySpace account of a good-looking teenage boy, 'Josh Evans', including a photo found on the internet, in order to lure a neighbour girl into an online relationship in 2006 and then taunt her. 'Josh' ultimately broke up with the girl, 13-year-old Megan Meier, who then hanged herself. The plan allegedly was hatched after Drew's daughter had a falling out with Meier.

The case drew worldwide attention as well as criticism from the US Center for Democracy and Technology, which said the government was misusing an anti-hacking law.

The incident took place in O'Fallon, Missouri. Authorities in Missouri did not pursue the case but the US attorney's office in Los Angeles did, seeking an indictment of Drew for illegally accessing the servers of MySpace. Setting up an account under an assumed name is a violation of MySpace's terms of service, Mrozek said. But he said the case doesn't signal a widespread crackdown on fake internet accounts.

"We've never made any pretence that there's going to be a tsunami of prosecutions related to people posing under different names on the internet," Mrozek said. "This is a very unique case that had very tragic consequences, and after a thorough review, we thought that it deserved to be indicted."


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