[tryfuhl]

The Justice Department document raises a legal question about a social-media bullying case in which U.S. prosecutors charged a Missouri woman with computer fraud for creating a fake MySpace account — effectively the same activity that undercover agents are doing, although for different purposes.

The woman, Lori Drew, helped create an account for a fictitious teen boy on MySpace and sent flirtatious messages to a 13-year-old neighborhood girl in his name. The girl hanged herself in October 2006, in a St. Louis suburb, after she received a message saying the world would be better without her.

A jury in California, where MySpace has its servers, convicted Drew of three misdemeanor counts of accessing computers without authorization because she was accused of violating MySpace's rules against creating fake accounts. But last year a judge overturned the verdicts, citing the vagueness of the law.

"If agents violate terms of service, is that 'otherwise illegal activity'?" the document asks. It doesn't provide an answer.

Facebook's rules, for example, specify that users "will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission." Twitter's rules prohibit its users from sending deceptive or false information. MySpace requires that information for accounts be "truthful and accurate."

A former U.S. cybersecurity prosecutor, Marc Zwillinger, said investigators should be able to go undercover in the online world the same way they do in the real world, even if such conduct is barred by a company's rules. But there have to be limits, he said.

In the face-to-face world, agents can't impersonate a suspect's spouse, child, parent or best friend. But online, behind the guise of a social-networking account, they can.

"This new situation presents a need for careful oversight so that law enforcement does not use social networking to intrude on some of our most personal relationships," said Zwillinger, whose firm does legal work for Yahoo and MySpace.

This is what drives me wild about it all