Lori Drew (defendant) and other conspirators created a fake Myspace.com account under the name “Josh Evans.” Using the fake account, Drew and her conspirators communicated with Megan Meier, a 13-year-old girl living in their community. Over the course of a few weeks, Drew and her conspirators acted as Josh and flirted with Megan, later told Megan that Josh was moving away and no longer liked her, and finally told Megan that “the world would be a better place without her in it.” Megan committed suicide, and Drew and her conspirators deleted the fake Myspace.com account. Drew was charged with felony violations of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, for using the internet to violate Myspace.com’s terms of service during the commission of the tort of intentional infliction of emotional distress. At trial, Drew was acquitted of the charged felonies, but found guilty of lesser misdemeanor violations of the CFAA. Drew moved to dismiss the convictions.