If this case sets a precedent, it will be a crime to essentially provide any false information online, if that violates a Terms of Use and you get any information as a result. 

What’s wrong with that?  Plenty.  First, we have a long tradition in the United States of both anonymous and the use of pseudonyms in political discussion.  Whether it is Hamilton, Jay and Madison’s "Publius," or Ben Franklin’s "Silence Dogood", America's founding fathers frequently disguised their true identity in a manner which, if communicated online would violate a provider’s terms of use and therefore constitute a federal crime, despite the fact that the U.S. Supreme Court has repeatedly held that there is a Constitutional right under the First Amendment to such "anonymous" speech.

In defense of lying

Much has been made of the fact that Drew lied about who she was when she created her MySpace account, as if this is an anomaly.  Lying, exaggeration, and misrepresentation are ubiquitous both online and off.  Indeed, in many cases there are good reasons to lie -– particularly when creating a MySpace or Facebook account.  A report (pdf) released last year by the Pew Internet and American Life Foundation found that, of those teenagers whose online profiles can be accessed by anyone online, nearly half said that they gave at least some false information in establishing the account.  For younger teens, the number was more than two-thirds.

While some people reportedly put up fake information to "be silly" or "playful," a great number of them did so to protect themselves from predators and stalkers, and to protect their own privacy. Thus, they lie about their teenage status to escape the notice of those trolling for underage children. They lie about their home town to keep predators from finding them.  They lie about their e-mail addresses to prevent spam and other unwanted solicitations and to prevent cyber-harassment.  Indeed, the United States Federal Trade Commission -- the organization principally responsible for protecting privacy in general and the privacy of children in particular -- noted that "common responses to perceived threats to privacy included avoiding sites that make information requests and providing false information."

Remember, Drew was indicted for providing false registration information to MySpace and then using the account in excess of her authorization.  Her motive for doing so is relevant only to determine whether the crime is a misdemeanor or a felony.  Thus, providing false information to MySpace -– even if just to protect yourself –- could land you into legal hot water.  Indeed, in the case that lead to the indictment, MTM herself -- apparently with her mother’s knowledge -- provided MySpace with false information about her age, as MySpace does not permit access to persons under the age of 13.  In theory, MTM would have faced jail time under the government’s theory of prosecution. 

A British study of mostly adult users of social networking sites showed in 2007 that 31 percent of them provided false information in order to protect their own privacy.   A cursory glance at the photos of MySpace users suggests that many of these pictures are fakes. The fake pictures are a violation of MySpace’s TOS and are done to obtain "information" and therefore a crime, under the prosecution's reading of the law.

It’s not just teenagers lying on MySpace.  Suppose Lori Drew was concerned about her daughter’s potential drug use, promiscuity, alcohol use or other behavior.  Let’s also suppose that their relationship was dysfunctional, and she didn’t feel like she could just talk to her daughter.  In a misguided but well intentioned effort to protect her daughter, Drew creates the "Josh Evans" persona and engages in a conversation with her daughter about topics like drug use, alcohol use, and sexual conduct.  Indeed, many parents keep tabs on their children’s use of social networking sites either with or without their children’s knowledge, although it is not know how many do so through the use of ruse or subterfuge. If the government’s theory of prosecution is successful, this conduct would be a crime. Moreover, if committed with the intent of the parent to commit the tort of "invasion of privacy" of the minor, it could be a felony.

Big lies, little lies and doing time

The "exceeding authorized access" theory is not limited to false statements or false claims.  Since your "access" to any Web site is conditioned on your complying with all of the terms of use, any violation of the terms can render your "access" "unauthorized."  Thus, if on MySpace you "include a photograph or video of another person that you have posted without that person's consent" you have violated the TOS, and therefore "exceeded" your authorization to access to MySpace service. If you "provide instructional information about illegal activities" including hacker tutorials or explanations even if intended to help defend against attacks, this may violate TOS and make you subject to prosecution.