Real Life Sex Drama On Blog Hits The Courts
Are on line tell all blogs a sign of the future? When a relationship hits the rocks and one or both parties begin an online diary discussing intimate details about their sex life against the law? Well it happened to a Capitol Hill staffer who didn't just get mad. He got a lawyer over what his former gilfriend was broadcasting about their sexual activities together.
According to the AP, tidbits about the sex lives of the two Senate aides faded from the front pages and the gossip pages. Steinbuch accepted a teaching job in Arkansas, leaving Washington and Jessica Cutler's "Washingtonienne" Web log behind.
While sex scandals turn over quickly in this city, lawsuits do not. Steinbuch's case over the embarrassing, sexually charged blog appears headed for an embarrassing, sexually charged trial.
Testimony about spanking (oh my) handcuffs (hopefully with a spare key) and prostitution aside, the Washingtonienne case could help establish whether people who keep online diaries are obligated to protect the privacy of the people they interact with offline.
Cutler, a former aide to Sen. Mike DeWine, R-Ohio, says she created the blog in 2004 to keep a few friends up to date on her social life. Like a digital version of the sex-themed banter from a "Sex and the City" episode, Cutler described the thrill and tribulations of juggling sexual relationships with six men.
One of those men was Steinbuch, a counsel to DeWine on the Judiciary Committee. Cutler called him the "current favorite" and said he resembled George Clooney, liked spanking and disliked condoms.
"He's very upfront about sex," she wrote. "He likes talking dirty and stuff, and he told me that he likes submissive women."
When Ana Marie Cox, then the editor of the popular gossip Web site Wonkette.com, discovered and linked to Cutler's blog, the story spun out of control. Cutler was fired and Steinbuch says he was publicly humiliated. He and his male EGO went to court seeking more than $20 million in damages.
The case is embroiled in thorny pretrial issues, with each side demanding personal information from the other. Steinbuch wants to know how much money Cutler received from the man she called her "sugar daddy." Cutler demanded Steinbuch's student evaluations from the University of Arkansas at Little Rock Law School, where he teaches.
To win, Steinbuch will have to prove that the details of their sexual relationship were private and publishing them was highly offensive.
If the case goes to trial, its outcome will be important both to bloggers and to people who chronicle their lives on social-networking sites such as MySpace and Facebook. Marc Rotenberg, director of the Electronic Privacy Information Center, said he may teach the Washingtonienne case this spring during his class at Georgetown Law School.
"Anybody who wants to reveal their own private life has a right to do that. It's a different question when you reveal someone else's private life," he said, adding that simply calling something a diary doesn't make it one. "It's not sitting in a nice, leather-bound book under a pillow. It's online where a million people can find it."
Since being fired, Cutler moved back to New York, wrote a novel based on the scandal, posed nude for Playboy and started a new Web site, where she solicits donations "for slutty clothes and drugs." There are better ways to make an honest living. I am hoping in this particular case the outcome is in favor of the plantiff. The woman obviously has no boundaries.