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International Law

: Freedom to Differ

Use of MySpace may violate court order

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A judge says use of MySpace may violate a restraining order:

In one of the first rulings of its kind, a Staten Island judge has said that a teenage girl could be charged with violating a restraining order by using MySpace.com to reach out to people she was told not to contact.

The girl, Melisa Fernino, 16, of West Brighton, Staten Island, was charged with three counts of criminal contempt in September after she was accused of sending a MySpace "friend request" to Sandra Delgrosso and her two daughters on August 23. The order was put in place after Fernino made several violent threats against Delgrosso, who had dated her father, and against her two daughters, said a Staten Island official who insisted on anonymity because the case originated in Family Court, where proceedings are private.

On Wednesday, Judge Matthew A. Sciarrino Jr. of Staten Island Criminal Court turned down Fernino's request to dismiss the contempt charges, ruling that MySpace was a form of contact just like speaking in person or by telephone and that the order of restraint had barred any sort of contact with the Delgrossos. The judge's decision was reported on Thursday in The Staten Island Advance.

"The defendant should not be exculpated because she, instead of contacting her victims directly, used MySpace," Judge Sciarrino wrote.

 

Read more here (from CNET News.com).

Full post as published by Freedom to Differ on February 16, 2008 (boomark / email).

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