United States v. Drew

259 F.R.D. 449 (2009)

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Nature of the Case

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Facts

D was charged with one count of conspiracy in violation of 18 U.S.C. § 371 and three counts of violating a felony portion of the CFAA, i.e., 18 U.S.C. §§ 1030(a)(2)(C) and 1030(c)(2)(B)(ii), which prohibit accessing a computer without authorization or in excess of authorization and obtaining information from a protected computer where the conduct involves an interstate or foreign communication and the offense is committed in furtherance of a crime or tortious act. D entered into a conspiracy to intentionally access a computer used in interstate commerce without (and/or in excess of) authorization in order to obtain information for the purpose of committing the tortious act of intentional infliction of emotional distress upon Megan Meier. Megan was a 13-year-old girl living in O'Fallon who had been a classmate of D's daughter Sarah. The conspirators registered and set up a profile for a fictitious 16-year-old male juvenile named 'Josh Evans' on the www.MySpace.com website and posted a photograph of a boy without that boy's knowledge or consent. This activity violated MySpace's terms of service. The conspirators contacted Megan and began to flirt with her over a number of days. The conspirators had 'Josh' inform Megan that he was moving away. On October 16, 2006, the conspirators had 'Josh' tell Megan that he no longer liked her and that 'the world would be a better place without her in it.' Later on that same day, after learning that Megan had killed herself, D caused the Josh Evans MySpace account to be deleted. The jury was deadlocked and was unable to reach a verdict on conspiracy. The jury unanimously found D 'not guilty' 'of accessing a computer involved in interstate or foreign communication without authorization or in excess of authorization to obtain information in furtherance of the tort of intentional infliction of emotional distress in violation of Title 18, United States Code, Section 1030(a)(2)(C) and (c)(2)(B)(ii) . . . .' It found D guilty of the misdemeanor. D moved for acquittal under F.R.Crim.P. 29(c).