MySpace verdict, should social networks do more to protect consumers?

Summary:

Thirteen-year-old Megan Meier killed committed suicide just over two years ago after being cyberbullied by Lori Drew, the mother of an ex-friend. Lori Drew was indicted by a federal grand jury in May 2008 on three misdemeanors and one felony count of criminal conspiracy.

Today Drew was convicted on the lesser charges, but cleared on the felony count.

My thoughts:

The Meier’s case, the case of Ryan Patrick Halligan, and a handful of other cyberbullying-induced suicides are harsh reminders of the lack of protection afforded to consumers online, and the lack of laws protecting victims and punishing those guilty of crimes committed using the Internet.

In the aftermath of these tragedies, the core question is what needs to be done differently, and who needs to make the changes?

Foundationally, individuals are accountable, and must be held accountable, for their actions. There is no excuse for the depraved behavior of Lori Drew. Unfortunately, two factors were in Drew’s favor: MySpace failed to monitor their site and hold users accountable for adhering the site’s Terms and Conditions, and there was a shortage of applicable laws on which to convict Drew of her actions.

Several states have stepped up to pass cyberbullying laws that would prohibit harassment over the internet, and many more are considering similar legislation. Crafting these laws is fairly complex however and there are several problematic issues to address.

MySpace passed the buck, hoping to hide from responsibility. In a company statement that failed to acknowledge even a shred of responsibility to protect users, or pledge changes, their press release said "MySpace does not tolerate cyber-bullying and has cooperated fully with the U.S. attorney in this matter. MySpace respects the jury's decision and will continue to work with industry experts to raise awareness of cyber-bullying and the harm it can potentially cause." This position marks a new low in corporate irresponsibility.

“Raising awareness” is important. SO IS BUILDING SAFER SERVICES AND ENFORCING THE COMPANY’S CODE OF CONDUCT.

MySpace's Terms Of Use have no less than 30 examples of Content/Activities that are prohibited on their site – and it’s worth noting that abusing other’s isn’t mentioned until example number 28.

Yet they blithely remove any culpability for harm to consumers while using their product – even to the point of insisting they have no responsibility if their company’s product results in personal injury or death.

We do not allow other industries to waive any and all liability for damages their products cause. Car companies are accountable for design flaws that kill drivers. Medical companies cannot just slap a label on drugs and stop all that expensive testing. Amusement parks can’t say ‘ride at your own risk’ and leave it at that. Disneyland doesn’t ignore people who harass others or in any way breach their code of conduct.

This is NOT a freedom of speech issue though irresponsible Internet companies often choose to promote this argument. MySpace users are not on a public site; it is a commercially owned property that has every right to demand limitations to both speech and actions.

Failing to demand responsibility from MySpace means services can continue to build and profit grandly from products that are not in the best interest of consumers.

Your safety, and the safety of your friends and families, while online is at stake.