Sex Blogger Motion Denied

Posted by Bruce Johnson

Here's an update to my prior blog on Steinbuch v. Cutler. The United States District Court judge, Judge Paul Friedman, generally denied Cutler's motion to dismiss on Wednesday, except that he apparently recognized that much of the plaintiff's case was time-barred to the extent that it was filed after the one-year statute of limitations had run on such claims. A summary is available in today's Washington Post.

Steinbuch v. Cutler: When is a Personal Blog Considered Publicity?

Posted by Bruce Johnson

The word "gossip" comes from a Middle English word meaning kinsman or family member. Thus, several hundred years ago, a "god sib" (the word "sib" is still preserved in our language as "sibling" ) was similar to a Godparent. The composition of the word itself, and its evolution, acknowledges how chatty we are among those we know.

What happens when gossip goes beyond the kinship group, or beyond a group of friends - and ends up on the World Wide Web?

The strict legal question, to be decided by a federal court in Washington, D.C., in the next week or so is: Can a blogger's blow-by-blow description of consensual sex give rise to an invasion of privacy claim, given that her partner also shared in the office discussions about those activities?

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The Great Splog Debate: Legal Options?

Recently the blog world has been debating a subject near and dear to our hearts here at the Privacy and Security Blog - splogs and blog spam. The nominal flash point for the recent debate was a blog by Dallas Maverick's owner and blogger Mark Cuban, who railed against the proliferation of blogs that contain no substantive commentary, but exist merely to deliver spam-like advertising messages and drive search engine traffic.

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Too Much Blogging Can Make You Go Blind

This is a legal blog, not one of those you might find at a domain ending in .xxx (oh, wait, those are on hold by White House request), so get your mind out of the gutter (but if you can't, see this recent report). The type of blindness we're talking about here is the kind that occurs when you've become so immersed in the daily routine of blogging that you've forgotten - or perhaps you never fully understood? - the legal concerns that blogging can raise. Over the next few months, on a quasi-regular basis, we'll be looking at some of the legal issues related to blogging that fall loosely under the umbrella of privacy and security law.

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