For those trying to make sense of the mixed verdict in the Lori Drew case, here’s a quick (and somewhat simplified) guide to what it means.
The government’s theory in the Lori Drew case is that it is a federal crime to intentionally violate the Terms of Service on a website, and that it becomes a more serious crime — a felony rather than a misdemeanor — if the Terms of Service are violated to further a criminal or tortious act. The tortious act the government alleged is intentional infliction of emotional distress, which in this case was alleged to have led to Meier’s suicide.
The jury agreed that it is a federal crime to intentionally violate the Terms of Service on a website, and that Drew directly or indirectly did so, but it acquitted Drew of having violated Terms of Service in furtherance of the tortious act. That is, the jury ruled that Drew is guilty of relatively lower-level crimes for violating MySpacs Terms of Service (for being involved in the setting up of a fake MySpace account). It acquitted Drew for any role in inflicting distress on Meier or for anything related to Meier’s suicide. The maximum allowed penalty for the misdemeanor violations are one year in prison for each violation, although the majority of federal misdemeanors result in a sentence of probation.
The next step in the case is that the trial judge will rule on whether there was enough evidence for the jury to find that Drew violated the Terms of Service intentionally, or whether the TOS violation was only negligent or reckless or knowing. If the judge agrees that there was enough evidence for the jury to find that Drew violated the Terms of Service intentionally, the case will go on to sentencing for the crime of having violated MySpace’s Terms of Service.
After sentencing, if that happens, the sentence will be followed by an appeal before the Ninth Circuit on the legal question of whether it is in fact a federal crime to violate the Terms of Service of a website. For those not following my coverage of the case, I am one of Drew’s attorneys, and yes, if there is an appeal, I will be very heavily involved in it.