Should Lori Drew go to prison for three years? Federal Judge has his doubts.

Sentencing delayed in MySpace hoax case
By GREG RISLING, Associated Press Writer
Monday, May 18, 2009

...U.S. District Judge George Wu had been scheduled to sentence Lori Drew on three misdemeanor counts of accessing computers without authorization. However, Wu delayed sentencing until July 2, saying he wanted to review the testimony of two prosecution witnesses.

Wu squared off with Assistant U.S. Attorney Mark Krause for more than an hour about a defense motion seeking to dismiss Drew's conviction. Wu wondered whether Drew should have been indicted under the federal Computer Fraud and Abuse Act, which in the past has been used in hacking and trademark theft cases.

"Using this particular statute is so weird," Wu said.

Wu also was concerned that sentencing Drew for violating a Web site's service terms might set a dangerous precedent. He said millions of people either don't read service terms, as happened in Drew's case, or give false information...

While jurors didn't find Drew guilty of the more serious felonies, Krause argued that she should be sentenced to the maximum of three years in prison...

Probation officials recommended Drew should be placed on probation for one year and fined $5,000.

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