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2009 U. Ill. J.L. Tech. & Pol'y 561 (2009)
"I Agree" to Criminal Liability: Lori Drew's Prosecution under Sec. 1030(A)(2)(C) of the Computer Fraud and Abuse Act, and Why Every Internet User Should Care

handle is hein.journals/jltp2009 and id is 565 raw text is: I AGREE TO CRIMINAL LIABILITY: LORI
Nicholas R. Johnson*
Imagine for a second that you are in law school. Your Professional
Responsibility class is wearing on, and you cannot resist the temptation to use
your laptop to log on to Facebook and update your user profile. Knowing that
some employers use Facebook as a means to screen potential employees,I and
knowing that taller, good-looking people are statistically likely to earn more
money than shorter, less attractive people,2 you decide to do some fudging:
You describe yourself on your Facebook profile as 5'9, blue-eyed, and
devastatingly handsome, despite the fact that you are really 5'4, brown-eyed,
and showing distressingly early signs of male pattern baldness. For emphasis
you upload a picture of a young Paul Newman that you found elsewhere on the
Internet. Facebook's terms of use prohibit such white lies,3 but you take little
notice. Satisfied, you save your changes and return to the class discussion of
ABA Model Rule 4.1. Have you just committed a federal crime?
As a matter of intuition, most people would say no. But Lori Drew, the
Missouri woman accused of creating a fake MySpace profile in order to
cyberbully her daughter's former friend, might answer differently. Drew-
J.D., University of Illinois College of Law, 2010; B.S., Northwestern University, 2005. I am
indebted to William Breedlove and Carol Hayes of the Journal of Law, Technology & Policy for their critical
assistance in seeing this piece through to publication. Thanks especially to my parents, whose love and
guidance have helped me take every step on this long path toward a fulfilling legal career.
1. Amy S. Clark, Employers Look at Facebook, Too, June 20, 2006, CBS NEWS,
http://www.cbsnews.com/stories/2006/06/20/eveningnews/main I 734920.shtml.
2. Martin Wolk, Better Wealthy Than Handsome? Why Not Both?, Apr. 7, 2005, MSNBC,
3. See  Facebook, Statement of  Rights  and  Responsibilities, http://www.facebook.com/
terms.php?ref=pRlast visited Mar. 10, 2009) (You will not provide any false personal information on
Facebook, or create an account for anyone other than yourself without permission ... You will not post
content or take any action on Facebook that infringes or violates someone else's rights... If you repeatedly
infringe other people's intellectual property rights, we will disable your account when appropriate.).

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