Revenge Porn Site Owner Sentenced To 18 Years In Prison

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Something tells me this guy is not going to do well in prison.

The owner of a now-offline "revenge porn" website based in California was sentenced Friday to 18 years in prison, the San Diego office of the state's attorney general said. Kevin Christopher Bollaert, 27, had been found guilty in February of six counts of extortion and 21 counts of identity theft. He faced a maximum of 23 years in prison.
 
He got what he deserved /endofstory

Move along move along nothing to see here. Just another scumbag
 
I wonder if his victims now get to enjoy live cam porn footage of him in prison.
 
At first glace I thought 18 years might have been a bit harsh. Then I remembered that not only did he set up the hosting of the images and refused to take them down, he also extorted money out of the victims. They needed to make an example out of this guy.
 
At first glace I thought 18 years might have been a bit harsh. Then I remembered that not only did he set up the hosting of the images and refused to take them down, he also extorted money out of the victims. They needed to make an example out of this guy.

6 counts of extortion, 21 of identity theft. He got off easy.
 
Now what about those who stole the victims private property and sold it to this guy? (Here comes the apologist stone age men to defend the thieves, not understanding once ounce of modern law/tech not caring if it was by consent or not to have pics taken)
 
Now what about those who stole the victims private property and sold it to this guy? (Here comes the apologist stone age men to defend the thieves, not understanding once ounce of modern law/tech not caring if it was by consent or not to have pics taken)


Can't be proven in most cases if it was or was not given in consent, impossible to prove anything was stolen. Also police have better shit to do. The mantra of she changed her mind after the fact doesn't and shouldn't ever stand up to legal scrutiny. She could just as easily be he for that matter.

As for this guy, I was against what he faced based on the then info if running a website and charging to take content down. Calling that extortion while allowing what the mpaa/riaa has done for years is a stretch. However 21 counts of identity theft changes things. Good sentence for the dirtbag.
 
Can't be proven in most cases if it was or was not given in consent, impossible to prove anything was stolen. Also police have better shit to do. The mantra of she changed her mind after the fact doesn't and shouldn't ever stand up to legal scrutiny. She could just as easily be he for that matter.

As for this guy, I was against what he faced based on the then info if running a website and charging to take content down. Calling that extortion while allowing what the mpaa/riaa has done for years is a stretch. However 21 counts of identity theft changes things. Good sentence for the dirtbag.
Why would you be ok with the identity theft charges if you weren't ok with the extortion? It's even more tenuous than the extortion--the identity theft charges stem from in California the AG is claiming that anytime someone uses personal information in an unlawful way then it's "identity theft."

The personal information uploaders provided, their names, Facebook links, and pictures, constituted identity theft under this interpretation.
 
Now what about those who stole the victims private property and sold it to this guy? (Here comes the apologist stone age men to defend the thieves, not understanding once ounce of modern law/tech not caring if it was by consent or not to have pics taken)

I'm assuming by "stolen" property of the victims, you mean the images of people who wnated their pictures taken down. It is very likely that in most cases the images are NOT their property. They are the property of whoever took them. Without a model release, they can give the person who took them, and thus owns the copyright, a hard time in court, but it is not their property. They mostly have a civil beef over the money made for commercial use that was not contractually granted to them.

Oddly enough, if they didn't grant such use via a waiver, the guy going to prison may be able to sue as well if he paid money for them for commercial use and they were not legally usable in such a fashion.

If it was surreptitious hidden camera type stuff, that comes down to the structure of the laws where they were taken when they were taken. However, the dude holding a camera and obviously videoing you means you had zero expectation of privacy and there aren't really any criminal issues with you having been recorded. They take peephole video of you in the shower with audio in a two party or all parties state, then it's a whole different kettle of fish.
 
You almost have to admire the guy's balls, running an extortion ring right out in the public like that. Of course an awful lot of people think they can do anything to anyone on the internet and it's OK, because "it's not real".

Prison is.
 
You almost have to admire the guy's balls, running an extortion ring right out in the public like that. Of course an awful lot of people think they can do anything to anyone on the internet and it's OK, because "it's not real".

Prison is.

Actuaully I suspect it's more a case of stupidity then anything, and yes you are probably right the guy thought he could get away with it because it was online.
 
Extortion, 18 years seems fine to me. I don't have too much of an opinion on the photos however... because of the idea of papers posting on celebs.
 
Can't be proven in most cases if it was or was not given in consent, impossible to prove anything was stolen. Also police have better shit to do. The mantra of she changed her mind after the fact doesn't and shouldn't ever stand up to legal scrutiny. She could just as easily be he for that matter.

As for this guy, I was against what he faced based on the then info if running a website and charging to take content down. Calling that extortion while allowing what the mpaa/riaa has done for years is a stretch. However 21 counts of identity theft changes things. Good sentence for the dirtbag.

Dekoth-E, usually a business charges for services. A typical charge in this example would be to bill someone for hosting photos. A charge to "stop" providing such a service strikes me as a little backwards. Are you sure the guy shouldn't have been billing these women for hosting their pictures instead of charging them to NOT host them?
 
lol that would have been slightly more ingenious and certainly more effective...host the pictures, send them a bill for hosting, then send the bill off to collections when they refuse payment
 
if you haven't had a chance to watch the video you should because wow these people are well I dunno the word but one is crying that she lost her job, her ability to find anywhere to live, and is now homeless. another is on medications and is suicidal. all because he hosted their risqué photographs.
 
I'm assuming by "stolen" property of the victims, you mean the images of people who wnated their pictures taken down. It is very likely that in most cases the images are NOT their property. They are the property of whoever took them. Without a model release, they can give the person who took them, and thus owns the copyright, a hard time in court, but it is not their property. They mostly have a civil beef over the money made for commercial use that was not contractually granted to them.

Oddly enough, if they didn't grant such use via a waiver, the guy going to prison may be able to sue as well if he paid money for them for commercial use and they were not legally usable in such a fashion.

If it was surreptitious hidden camera type stuff, that comes down to the structure of the laws where they were taken when they were taken. However, the dude holding a camera and obviously videoing you means you had zero expectation of privacy and there aren't really any criminal issues with you having been recorded. They take peephole video of you in the shower with audio in a two party or all parties state, then it's a whole different kettle of fish.

Umm no Raz-O, you don't have that completely correct. Photos taken of people "in public" are the property of the owner as well as photos taken with consent. Run a webcam in a private place, as in an apartment or home, from your computer, while your banging her without her knowledge of the camera. That isn't going to fly in any court in the USofA.
 
lol that would have been slightly more ingenious and certainly more effective...host the pictures, send them a bill for hosting, then send the bill off to collections when they refuse payment

I have the evil mind, just not the will to act :rolleyes:
 
While 18 years seems like a very severe sentence, it will serve as a deterrent for peoples considering committing such crime.
 
While 18 years seems like a very severe sentence, it will serve as a deterrent for peoples considering committing such crime.
severity is only 1 of 3 important factors to deterrence and unfortunately it's the least important.

certainty of punishment
swiftness of punishment
severity of punishment

our entire criminal justice system fails by a huge magnitude at certainty of being caught and punished and swiftness is not something that accurately describes our US system :)

people who commit crimes generally think they won't get caught (and are fairly accurate on that assessment) so general deterrence doesn't really work
 
California State Prison??? This guy is in for a treat and won't be long before he has an angry ex-boyfriend posting photos from prison.

Maybe he should have pushed for Federal charges. Go to one of those nice low/medium units like Tommy Chong or Wolf of Wall Street.
 
people who commit crimes generally think they won't get caught (and are fairly accurate on that assessment) so general deterrence doesn't really work

Sure it does. This guy basically got a death sentence. I seriously doubt he'll try again when he is released, nor will anybody else. But the punishment doesnt fit the crime. We could deter people from speeding if we handed out 18 year sentences for going 5 over the speed limit too. You'd never see anyone go over 35 in a 65 again thats for sure. The guy obviously deserved prison time, and as such an opportunity for rehabilitation back into society not extorting people. I think a guaranteed 5 years, no parole, no good behavior, none of that crap, but a solid 5 year stint in real prison would be appropriate. He'd get out but his life wouldnt be over. He wouldnt have to turn to crime or become a useless leech sacking groceries for the remainder of his life, but he'd probably be scarred enough not to fuck with people like this ever again.

18 years is just a waste of everybody's time. I dont believe any of that crybaby bullshit about the girl who lost her job or is on anti-depressants. They're just showboating for effect. Even if some girl did lose her job there's no way she cant land another one. As for emotional trauma? Any girl willing to take a load to the face while being filmed is already naughty enough that a video of it on the internet is not going to wreck their lives. I'd have a little more sympathy if they were filmed unknowingly, but it's just sex. Everybody knows you give your boyfriend head, and if you're particularly freaky well then that just lends less credit to the idea that it going public would really upset you that much. It's like a pornstar crying about a private sex tape going wild. Please, you're clearly a slut there's no way you are hurt by this.
 
Sure it does. This guy basically got a death sentence. I seriously doubt he'll try again when he is released, nor will anybody else. But the punishment doesnt fit the crime. We could deter people from speeding if we handed out 18 year sentences for going 5 over the speed limit too. You'd never see anyone go over 35 in a 65 again thats for sure.
Why do you think this is going to deter anyone else when it didn't deter him in the first place?

It may or may not deter him. If it did it would be specific deterrence, which is different from general deterrence. Even if you made speeding 5 over a capital offense people would still do it and try not to get caught. People do a lot of crimes that are capital offenses and people who go into prison come out committing more serious crimes more frequently so clearly deterrence doesn't work the way people think it does.
 
Why do you think this is going to deter anyone else when it didn't deter him in the first place?

It may or may not deter him. If it did it would be specific deterrence, which is different from general deterrence. Even if you made speeding 5 over a capital offense people would still do it and try not to get caught. People do a lot of crimes that are capital offenses and people who go into prison come out committing more serious crimes more frequently so clearly deterrence doesn't work the way people think it does.

He ran his site because nobody in their right mind would think you would get 18 years if convicted of something. He probably didnt even know what he was doing was illegal. And if he did, there's no way he would know he'd get a punishment like this since it is so absurd. The deterrent factor in this case was a big unknown, so he just rolled the dice. The same way you might do 80 mph in a 60, you know deep down inside if you get caught you're getting a ticket but you weigh the pros and cons. The likelihood of you getting a ticket, the cost of it to you, etc. You make a judgement call and say fuck it, I'm speeding today. Your motivation to break the law decreases as the severity of punishment increases. Anybody who ignores a significant deterrent like life in prison, death penalty, etc is clearly just stupid. For the rest of us it has some value. I dont need a deterrent not to murder somebody since I have morals. However I wont always come to a full stop at a stop sign because sometimes I just feel like breaking that law, unless....
 
He ran his site because nobody in their right mind would think you would get 18 years if convicted of something. He probably didnt even know what he was doing was illegal. And if he did, there's no way he would know he'd get a punishment like this since it is so absurd. The deterrent factor in this case was a big unknown, so he just rolled the dice. The same way you might do 80 mph in a 60, you know deep down inside if you get caught you're getting a ticket but you weigh the pros and cons. The likelihood of you getting a ticket, the cost of it to you, etc. You make a judgement call and say fuck it, I'm speeding today. Your motivation to break the law decreases as the severity of punishment increases. Anybody who ignores a significant deterrent like life in prison, death penalty, etc is clearly just stupid. For the rest of us it has some value. I dont need a deterrent not to murder somebody since I have morals. However I wont always come to a full stop at a stop sign because sometimes I just feel like breaking that law, unless....
What are you talking about?

These aren't new laws. If you didn't think you would get prison time for extorting people for money then you've been under a rock your entire life or maybe you haven't watched any gangster movies...it's pretty obvious. I'm not sure how you think he didn't know that what he was doing was illegal (and if he didn't, that would support the point I made that he didn't think he'd get caught, not that the punishment needed to be more severe) :rolleyes:

Then you used an example about speeding and making a judgement call about whether you'd get caught, not the severity of punishment, just like I said.

Deterrence theory derives from Jeremy Bentham and Cesare Beccaria. The theory is a little over a couple hundred years old.

Yes, one's motivation to break the law decreases as punishment goes up, I never said that was wrong. I said that it's the least important of the three variables and our punishments are already severe enough. In fact, Beccaria theorized that punishment could be too harsh and lead to increased crime as the legitimacy of the state is called into question.

The US already has the most punitive system in the Western World, both in terms of how long we incarcerate for the crimes we deem illegal and in terms of the types of crimes we criminalize.
 
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