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Thread: should immoral be illegal ?

  1. #1
    Papa Smurf
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    should immoral be illegal ?

    Came across this article today.

    Its about a 13 year old girl who comitted suicide after a 16 year boy she had befriended on mySpace began to torment her. Then it turns out it was actually a 47 year old neighbour who only pretended to be a 16 year old boy. Cue cries of outrage and a desperate attempt to charge the neighbour with something. They eventually settled on a "hacking" charge as what she did was against the Terms of using mySpace, which ironically is something the 13 year old violated as well. As pointed by various lawyers, violating ToS is a common practice - how many people do not use their proper name on Facebook, MySpace etc...- how many people sell on software they bought or use it on more than one computer ?

    The question is though should the neighbour be "punished" in some way for causing the death of this girl? or are we right to assume she was suicidal anyway and ANY negative comments could have sent her over the edge? Where are the parents in this? Would a real 16 year old boy who had fallen out with her also be charged with this hacking crime? Sounds to me like the police are charging based on media uproar and public outrage rather than actual law.

    comments?

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    Re: should immoral be illegal ?

    It's a touch more complicated.

    She cannot be touched by state laws, apparently, and so the feds have tried to build a case. As I understand it, they are alleging that she committed an offense (under a US equivalent to Misuse of Computers Act) by breaching MySpace's terms; that as a consequence of that offense, somebody died; and then under usual rules she can be accountable for the ordinary consequences of a criminal act. (Example: you superglue somebody's locks (criminal damage); coincidentally, there's a fire; the householder cannot get out and dies - bang! Manslaughter.)

    The woman in question pretended to be a friend; then once the young girl had been 'taken in' the woman caused the pretend friend to round on the girl, hassling and criticising her and finally posted something to the effect that "You are horrible, nobody will miss you if you die." All because of a row between the young girl and the woman's daughter.

    Should she be accountable? Yes. Should what she did be criminal? Yes. Is it fair to use abstruse legal technicalities to convict her? Probably not, but it happens all the time.

    She probably committed what in the UK would be a breach of the Protection from Harassment Act, which would make it a prima facie crime notwithstanding the technology elements.

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    Re: should immoral be illegal ?

    Quote Originally Posted by Barry Shnikov View Post
    She probably committed what in the UK would be a breach of the Protection from Harassment Act, which would make it a prima facie crime notwithstanding the technology elements.


    I'd have thought the US would have had similar harassment laws... Surprised if it really doesn't.
    Let your mind go and your body will follow. – Steve Martin, LA Story

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    Re: should immoral be illegal ?

    I would imagine some states do, some states don't.

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