'A reasonable argument would be that the first time I went to Facebook, I wanted to search for a friend, so I put in HIS first name and last name, created an ac

'A reasonable argument would be that the first time I went to Facebook, I wanted to search for a friend, so I put in HIS first name and last name, created an account, and now I am stuck with it. Unfortunately, Facebook's very own terms restrict me from correcting this error (due to their lack of clarity and inconsistencies on the home page), as the terms say "You will not create more than one personal profile."' Lest you think this is just a hypothetical, consider the prosecution of Lori Drew for creating a fake profile on Myspace. The problem, as Prof. Kerr has repeatedly pointed out in his blog (over at http://www.volokh.com http://www.volokh.com) is that if you have a law which can be argued to criminalize what most people do, then we move from a government of laws to a government of prosecutors. It was on this basis that he put time into defending Lori Drew, arguing that the US Constitution did not permit this prosecution because it was a violation of due process. His work was largely instrumental in getting the misdemeanor convictions thrown out.