Bollaert

A jury convicted Kevin Christopher Bollaert of extortion (Pen. Code, § 520; counts 3, 16, 18, 21, 27, 29) and the unlawful use of personal identifying information (§ 530.5, subd. (a); counts 2, 4-15, 17, 19, 20, 22-24, 26, 28), stemming from his operation of Web sites, “UGotPosted.com,” through which users posted private, intimate photographs of others along with that person’s name, location and social media profile links, and “ChangeMyReputation.com,” through which victims could pay to have the information removed. As to some of the victims, the jury unanimously found that Bollaert committed the unlawful act of an invasion of privacy by disclosure of private facts. The trial court declared a mistrial as to one of the identity theft charges (count 25) and a conspiracy charge (count 1). It sentenced Bollaert to a split sentence of 18 years: eight years of local confinement followed by 10 years of mandatory supervision.

Bollaert contends his convictions under section 530.5, subdivision (a) must be reversed for insufficient evidence because (1) he is immunized from liability under section 530.5, subdivision (f) as an “interactive computer service” or “access software…