Lawyer for MySpace Mom Says Government Went Too Far, Seeks Dismissal of Charges

H. Dean Steward, Drew's attorney, filed three electronic motions in U.S. District Court in Los Angeles seeking dismissal of the charges, arguing that it is not illegal to create fake Internet identities, according to The Washington Post.

"The government, in its zeal to charge Lori Drew with something, anything, has tried to criminalize every day, ordinary conduct: the wayward or misuse of a social-network Web site," Steward wrote in one of the motions, The Washington Post reported.

The O'Fallon, Mo., mother was charged in May with one count of conspiracy and three counts of accessing protected computers without authorization to obtain information to inflict emotional distress on 13-year-old Megan Meier, an acquaintance of her daughter, according to court documents filed in the case. Drew was charged under the Computer Fraud and Abuse Act, which typically focuses on hacking. Drew's case marks the first time someone has been accused of violating the act by using a false online identity.

Drew is accused of posing as a boy on MySpace using the alias "Josh Evans" and sending messages to Meier. Starting in September 2006, the messages reportedly were friendly and expressed romantic interest in Meier and later became abusive. Meir, who was characterized by her mother as having depression and self-esteem issues, was said to be devastated and committed suicide.

The controversial case has provoked an outcry demanding the conviction of Drew. On the other hand, while most agree that Drew's alleged behavior was heinous, convicting her would be seen as a reinterpretation of the Computer Fraud and Abuse Act that could leave Internet users vulnerable to all kinds of charges.

In one of the motions, Steward said that it is unconstitutional to delegate governmental powers to private parties, according to The St. Louis Post-Dispatch.

"If violating user agreements is a crime, millions of Americans are probably committing crimes on a daily basis and don't know it," Steward wrote in his filing, according to The St. Louis Post-Dispatch.