The title of this post is somewhat of a response to the question in Dan Solove’s post at Co-Op, which is: Why won’t Judge Wu rule on the motions in the trial of Lori Drew?
Judge Wu hasn’t ruled on the merits of how the CFAA should be interpreted, whether it is unconstitutionally vague, and now whether or not the prosecution, as a matter of law, has failed to prove the requisite mens rea. Why won’t he rule on any of these issues?
There is only one answer: because he doesn’t want to be the one making this obvious decision.
The testimony at trial was pretty clear:
testimony proved Drew never saw MySpace’s contract, and wasn’t the one who set up the account and accepted the terms.
How, then, can she be convicted of intentionally violating MySpace’s TOS? Continue reading