Back in 2012 and 2013 I wrote about the saga of Craig Brittain and his revenge porn site "Is Anybody Down." The genesis of that series was Marc Randazza's discovery that the site was posting nude pictures and contact information, and someone calling themselves "David Blade III, takedown lawyer" was charging to "help" get the stuff taken down. All evidence suggested that David Blade never existed and that he was an invention of Craig Brittain, the operator of the site. In other words, it was an unusually despicable wire fraud and extortion scheme.
I counseled patience, because the system's wheels grind slowly. Finally we have a consequence to Brittain — of a sort.
The Federal Trade Commission — which was investigating Craig back in 2013 — has reached a settlement with him. The FTC had prepared an administrative complaint against Craig Brittain. That complaint shows that the FTC concluded several key points about Craig's practices. First this is their accusation about his methods of obtaining nude photos:
Respondent used three different methods to obtain photographs for the Website. First, Respondent encouraged and solicited individuals to submit, anonymously, photographs of other individuals with their intimate parts exposed for posting on the Website. Most submitters were men sending photographs of women. Respondent required that all submissions include at least two photographs, one of which had to be a full or partial nude, as well as the subject’s full name, date of birth (or age), town and state, a link to the subject’s Facebook profile, and phone number. Respondent received and compiled the photographs and personal information, posted them on the Website, and in some instances, Respondent posted additional personal information that he independently located about the subjects.
6. Second, Respondent posed as a woman on the Craigslist advertising website and, after sending other women photographs purportedly of himself, solicited photographs of them with their intimate parts exposed in return. If they sent such photographs, Respondent posted them on the Website without their knowledge or permission.
7. Third, Respondent instituted a “bounty system” on the Website, whereby anyone could request that others find and post photos of a specific person in exchange for a reward of at least $100. Respondent collected a “standard listing fee” of $20 for each request and half of all rewards given.
That contradicts Craig's various stories, which changed from day to day, but often centered around the claim "they consented."
Like everyone else who looked at the evidence, the FTC also concluded that Craig was David Blade III:
Respondent also advertised content removal services on the Website. In these advertisements, purported third parties identified as “Takedown Hammer” and “Takedown Lawyer” promised to have consumers’ content removed from the Website in exchange for a payment of $200 to $500. The advertisements referred interested consumers to the websites, www.takedownhammer.com and www.takedownlawyer.com, for further information. In fact, Respondent himself owned such websites, and posed as a third party to obtain money to remove the same photographs that he had posted on the Website.
11. Respondent earned approximately $12,000 from operating www.isanybodydown.com.
Craig has told many contradictory stories about David Blade, but he's always denied being him.
Craig settled this administrative complaint with the FTC. As far as I can tell he was not represented by counsel. Many people will find the terms of the settlement very unsatisfying. Craig admits no guilt. He doesn't go to jail. He doesn't pay any money. He does promise not to post nude pictures without the subjects' consent, and not to make misrepresentations about posting pictures online. He does have to destroy all the pictures and identity information he got while running the site. He also has to inform any employees or agents working with him on any web enterprise about the order. If he does anything else web-related, he has to turn over to the FTC at their demand a wide variety of information (privacy and consent policies, complaints, etc.) about the business. He has to tell the FTC for the next 10 years if he changes jobs, so they can watch what he's doing. And the terms of the order last 20 years.
A few thoughts about this based on my past dealings with the FTC:
1. This suggests the FTC determined he had no assets worth taking.
2. If he violates the order, the FTC can file against him in federal court. The resulting civil/administrative process only bears the most remote resemblance to due process. It will be ridiculously easy for the FTC to shut down and confiscate any new enterprise he starts for the next 20 years. The clients I've seen be most mercilessly and thoroughly screwed without pretense of fairness have been FTC defendants in federal court.
3. Craig Brittain is now subject to a permanent and relationship-and-career-debilitating stigma. Employers, lenders, landlords and others won't necessarily pick up internet drama. But you can bet that they'll pick up on an FTC consent order. Craig may want to change his name to something without such baggage, like maybe Pustule Nickelback McHitler III.
4. This doesn't prevent criminal prosecution. Nothing in the agreement shows any guarantee by the feds. The feds couldn't prevent state prosecution. Realistically, I think it means that federal prosecution is unlikely for past deeds. [I'd love to make a convincing argument here that this shows that he's about to be indicted, just to mess with his head. But I'm not a lowlife liar like Craig Brittain.] Federal prosecutors have limited resources and will likely see this as a resolution of any investigation. As for state prosecution, it's still possible given the applicable statute of limitations. A victim might take the FTC complaint and Craig's agreement to the locals and use it as incentive to go after him for fraud or extortion, as some locals are doing as we speak. If you are one of Craig's victims, and want help putting together a package to persuade locals, I'm happy to help.
However, be sure of this — if Craig Brittain ever gets up to bad behavior again, this result makes it much more likely that prosecutors will decide to spend resources on him.
Is this the end of the Craig Brittain saga? Not necessarily. But it's certainly an end to Craig Brittain ever being employable.
He'll have to spend his time at his new hobby — trying to insinuate himself into GamerGate, which for whatever reason he thought would be receptive.
Edit: Adam offers up a link-dense post tracing Craig's changing excuses and stories. That post is why you don't want Adam investigating you.
Second Edit: Apparently you can find Craig at this Twitter account. He's concerned about media ethics.
Last 5 posts by Ken White
- Free Speech Triumphant Or Free Speech In Retreat? - June 21st, 2017
- The Power To Generate Crimes Rather Than Merely Investigate Them - June 19th, 2017
- Free Speech, The Goose, And The Gander - June 17th, 2017
- Free Speech Tropes In The LA Times - June 8th, 2017
- I write letters - June 1st, 2017