At the May hearing, Wu grilled Assistant U.S. Atty. Mark Krause at length about whether the government had prosecuted Drew under the appropriate laws when they asserted that violating MySpace's terms of service amounted to a crime.
"Is a misdemeanor committed by the conduct which is done every single day by millions and millions of people?" Wu asked. "If these people do read [the terms of service] and still say they're 40 when they are 45, is that a misdemeanor?"
Krause argued that Drew's acts were criminal because she signed up for the fake account with the intention of harming Megan by humiliating her. Drew knew her acts were illegal and deleted the account shortly after Megan's death to cover up her crime, he contended.
Prosecutors had asked Wu to impose a sentence of three years. Defense attorneys argued for probation and vehemently criticized the prosecution in court filings, calling its argument "utterly absurd."
Wu's dismissal of the case is "tentative" for now, though he says he plans to put it in writing -- making it official -- next week.
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