Laws are criminal.

This is a civil matter if the TOS is not followed, not a criminal matter.

We will definatly see who the retard is as this unfolds. and people might begin reading all those contracts they consent too.

It’s not breaking the law because it is not illegal (aka against the law) to break a TOS you fucking retard.

If I tell you in a TOS to use my site that you can no longer sleep on Wednesdays, have to castrate yourself, and give me your first born is that illegal if you don’t follow those rules?

Laws are passed by government. A TOS is a (potentially non-binding – this has never yet been challenged in court) one-sided ‘click-through’ contract generated by the service provider.

::shakeshead::

This is how gun laws get passed. Some idiot out there does something stupid, the media jumps all over it, and rather than applying existing laws against that person, they write a bunch of new ones that end up strangling the rights of innocent people later on.

But please do not go on thinking that These people did not break the law.

Quotes from Myspace TOS. I was surprised to see that just looking at a Myspace page means you agree to these terms.

“”This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the MySpace Services. By using the MySpace Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the MySpace Website, including through a mobile device, or otherwise use the MySpace Services without being registered) or you are a “Member” (which means that you have registered with MySpace).”"

“” If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the MySpace Website and discontinue use of the MySpace Services immediately. “”

And finaly this should sum it all up!

“”8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the MySpace Services. MySpace reserves the right to investigate and take appropriate legal action against anyone who, in MySpace’s sole discretion, violates this provision, including without limitation, removing the offending Content from the MySpace Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MySpace: “”

8.2 harasses or advocates harassment of another person;

8.3 exploits people in a sexual or violent manner;

8.5 solicits personal information from anyone under 18;

8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
—————————————————-

At this pont I’m only half way through TOS and not even started on Privacy Policy so tell me again how she didn’t break the law?

P.S. These TOS’s are there for the very reason to protect people. The TOS was violated and some1 died. Also know that if someone accidently dies while you are commitng a felony you are automaticaly responsible for their death under law.

anyways I kind of liked this place better when discussion on law didn’t really exist, just hacks and cool shit like that :)

I just can’t understand why ‘depraved indifference’ didn’t get the woman indicted in Missouri. I don’t know Missouri laws, maybe they don’t have a depraved assault law. Chances are, if this case had happened in some other state with a clear depraved crime law, this woman would have been charged and the whole computer part of it wouldn’t have been an issue.

However, for everyone who argues that, since her action wasn’t illegal in Missouri, she shouldn’t be charged for the computer crimes in California, I recommend that you remember that her actions on the computer are apparently illegal in California. Why should we follow the lack of law, but discount an existing law because we don’t like the possible future of it?

The problem arises because the public, and the courts, want to see this women punished but she really didn’t do anything illegal. She didn’t kill the girl.

Since when is ‘being mean to someone and telling them the world is better off without them so they kill themselves’ a criminal act?

Yes, it is disgusting, deplorable and immoral. But there is no law against it that the authorities can find so they had to find something to charge her with. So, they chose to make a loophole to link the TOS with ‘unauthorized access’ so they can charge her with something – and thereby create a legal mess for the future.

Missouri to my understanding has not charged Lori Drew. When you commit a computer crime there is no telling where your “Unauthorized Access” took Place. Sooo, California is Charging here with everything they can. It just so happens it is not much compared to the crimes she commited.

This is why all those sites have an NDA if you agree and then abuse it YOU CAN GO TO JAIL!