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John Brandon's picture
John Brandon

Web 2.0 Watcher

Internet suicide and a call for decency

Techdirt.com posted many weeks ago about the charges against Lori Drew related to the suicide of 13-year-old Megan Meier in 2006. In the post, which has the subhead that being a jerk isn't illegal, Mike Masnick argues that there is an attempt to prosecute Drew for "something, even if there's little evidence she actually broke the law." In the case, the prosecutors say Drew is responsible for Internet fraud by using a fake MySpace name. It got me thinking: what should be the consequences for Internet use in this way?

Take the example of Paul Tilly, the ad exec who committed suicide earlier this year. A New York Times piece noted how the blog sites AgencySpy and AdScam had posted scathing criticisms of Tilly, and that one source said he was bothered by the accusations and insults. Site visitors took up the cause, posting some scathing indictments of their own. Other blogs - ValleyWag, for one - regularly post harsh diatribes of the most popular celebrities and their antics - the more popular the better. Dan Lyons, who now posts in a Real Dan blog, has certainly had his share of harsh criticisms against industry execs like Steve Ballmer. They are consistently funny and highly vitriolic at the same time.

So, what is our responsibility? Should the Internet be a "nice" place to visit, or is it okay to speak your mind about whatever subject you want, regardless of the consequences?

In my view, the "anything goes" mentality is dangerous. I think the Web should mirror the rules and guidelines we have in real life. For example, in my corporate days, it was never advised to say anything harsh or humiliating about anyone during a meeting. Obviously, depending on what you say in real life, it is rare to approach anything like libel or slander. I can call someone an idiot in a moment of anger and not expect to be sued every time my tongue gets out of control.

At the same time, I am an advocate for Internet decency. I'm not saying there should be "tiers" of Internet traffic (for safe and unsafe travels), and I am not advocating censorship. In America, I think people have the right to post their views on any topic. Yet, decency implies a code of ethics - a moral compass - that I think is sorely lacking because we rarely have to face up to the consequences or actually meet any of the people we are criticizing. It is easy to hide behind a keyboard and say whatever comes to mind without thinking whether someone might be offended. We need to think, then type.

In the end, it is a battle that will likely never end. I think, as in real life, it takes small steps and each person thinking through the consequences of what they write before they say it.

What People Are Saying

Mr. Brandon would have his

Mr. Brandon would have his cake and eat it too. Either you have some form of censorship (no matter how one terms it) or you have freedom of speech (no matter how painful). And if you have free speech some will be crude, hurtful, malicious, slanderous, and so on. One must come down on one side of the other: either we police the internet (and thus censor each other) or we accept that people will post things that break mom's rule about saying something nice or saying nothing at all. Simply suggesting, as this blog does, that we should all play fair with each other is just plain silly - when has that ever happened in human history? What planet does our blogger come from that he thinks we a mere call of civility without penalty and oversight is going to make people behave? Simply reminding people about the polite rules in the board room? Please. And, by the way, I think the internet is a perfect representation of our society - warts, Lori Drew and all.

Web rules vs new law

"I think the Web should mirror the rules and guidelines we have in real life."

I agree. Which is why I'm not sure how comfortable I feel about charging Lori Drew with a crime. She can publish books under a pseudonym (though she would still be liable for slander and/or defamation, I suppose), so why can't she or I set up a MySpace account anonymously? There are good reasons to be online anonymously...both to protect one's privacy (to prevent identity theft, to be able to discuss medical issues without worrying your insurance company will soon cancel your policy, etc.). There is of course plenty of abuse committed under the cloak of anonymity, but as in real life, we can choose where we hang out online and who we engage. There is more danger to us in terms of controlling what data is available to the whole world, and less danger of physical attacks, so it's not an exact correlation, real life and the Internet.

Internet suicide and a call for decency

What Mrs. Drew did was premeditated with the knowledge of her victims health problems of A.D.D and severe mental depression.
Then there-aft started destroying evidence of her past footsteps of having the MySpace deleted - closed - and also informed her accomplish of not posting any other remarks therein.
This case should not however be thrown out but heard by a court of justice and a verdict handed down. Mrs. Drew will not by her on standards admit being the driving force that caused Megan to hang herself. Therefore it's the responsibility of the courts to show accountability for the death of this minor child.
Mrs. Drew and others to whom take upon themselves to commit such verbal abuse to others and especially minors need to be brought to justice and served a just sentence when there has been a taking of a life by there ignorance.

THE RULE OF LAW

And understand I am not a lawyer, but law should represent at some level, plain old common sense (for certain in many cases it does not). Having said that if oldgadawg wants Drew prosecuted then she needs Megan's parents put on trial as well. Here's the common sense part. Just suppose that instead of the mom of a former friend of Megan she was a 49 yr. old pedophile (gender here is irrelevant) and she made up "Josh", luring Megan to a "party" where Megan was assaulted and then murdered. Now you have a crime but just remember the complicity of Megan's parents to APPROVE HER USE of MYSpace (violating the TOS) and APPROVE HER RELATIONSHIP over a period of time with "Josh". Seems like child endangerment, risk of injury to a minor, etc. to me.