Lori Drew's conviction was overturned by a Federal court judge on July 2nd, but this is not the end of the matter yet as the prosecution may be considering an appeal. Drew was convicted by the jury in a trail for her part in causing the death of 13 year old Megan Meier. The charges were that Drew conspired with several other to set up a bogus MySpace account to lure Megan into an online relationship. A post telling Megan that the world would be a better place without her led to Megan taking her own life.
The judge said that the arguement basically "criminalises what would be a breach of contract" and I think that's right. The burden of proof for a criminal charge is higher than that for a civil claim and the reasons for that are sound. The line between criminal and civil wrongs should be a clear one and the charges, however, novel, should not have been brought in the first place.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
I'm not sure how Google sets out to enforce that particular term as there really isn't any reliable mechanism (read: program, software, app. etc) to verify age online.
If Drew's conviction was upheld, there would be many people, especially those under legal age to enter into a contract, would have been potentially liable for similar charges Drew faced.