Routine conduct at risk with MySpace suicide case

"Clearly the facts surrounding this matter are awful and very upsetting, and I certainly understand the instinct of wanting justice to be served," Palfrey said. "On the other hand, this complaint is certainly unusual."

Drew's lawyer, Dean Steward, said Thursday a legal challenge to the charges is planned. Missouri authorities said they investigated Megan's death but filed no charges because no state laws appeared to apply to the case.

Andrew DeVore, a former federal prosecutor who co-founded a regional computer crime unit in New York, said Friday the interpretation raises constitutional issues related to speech and due process -in the latter case, because it doesn't allow for adequate notice of when using an alias online is criminal.

Because corporations would end up setting criminal standards, a completely legal act at one site could be illegal at another, said DeVore, who has no direct involvement in the case.

"What clearly is going on is they couldn't find a way to charge it under traditional criminal law statutes," DeVore said. "The conduct that she engaged in they correctly concluded wouldn't satisfy the statute. Clearly they were looking for some other way to bring a charge."