NBI charges maintainers of Kho sex video website

By JEAMMA E. SABATE
July 6, 2009, 8:40pm

Two maintainers of the website that allegedly first carried Dr. Hayden Kho’s videos were charged Monday with immoral doctrine, obscene publication and exhibition of indecent shows by the National Bureau of Investigation (NBI).

Head Agent Palmer Mallari, executive officer of the NBI Anti-Fraud and Computer Crimes Division (AFCCD), said Jobert Lazarte and his brother Marvin, were inquested at the Cavite Provincial Prosecutor’s Office with violation of Article 201 of the Revised Penal Code.

The father of Marvin and Jobert, identified as Fidel R. Lazarte, was not charged because he had no hand in the uploading of the sex videos.

Mallari said the two website maintainers have been cooperating with the NBI and may be utilized as witnesses to unmask the identities of the senders of the videos. He said they already found out the usernames of the senders but have yet to establish their identities.

The NBI found out that the uploader identified as “Dance commander” uploaded the “Careless Whisper” video via email in the fleshasiadaily.com at 4:20 p.m. on May 8, 2009.  The same person uploaded “Beautiful Girl” at 9:30 p.m. on May 15, 2009. The same person also uploaded the sex video of Katrina Halili and Kho at 1:20 a.m. last May 18, and the sex video of Maricar Reyes and Kho and that of a Brazilian model and Kho both at 11:40 a.m. on the same day.

The uploader who identified himself as “thegreatest” uploaded the sex video of Reyes and Kho (sala) at 5:44 p.m. last June 10.

Mallari said establishing the identities of the “Dance commander” and “thegreatest” is now the focus of their probe.

“Since the titles/tags of the videos/files ‘initially’ uploaded with www.fleshasiadaily.com are already available , the logical thing to do under normal circumstances is to inquire from the said website the Internet protocol (IP) addresses of the persons who accessed their website in order to upload the said files on said dates/times as we indicated. Under this scenario, the moment the IP addresses are given to the NBI, we can already determine the Internet service provider (ISP) of the persons who accessed the said website. Consequently, we can send a subpoena to the ISP and inquire on the user assigned with the said IP address on the date and time specified,” Mallari said in his report.

Since the address and owner/systems administrator of the www.fleshasiadaily.com are unknown, the NBI merely determined the company which conducted the webhosting of the website, which they found out to be Hostgator.com Brent Oxley (support@hostgator.com), No.11251 Northwest Fairview Suite 400, Houston, Texas, 77092, USA.

The NBI said it had to use other alternative techniques to trace the maintainers of the fleshasiadaily.com as it would take time to wait for the go signal of the United States court to open the system log of the US webhost.

“We are now establishing why www.fleshdaily.com was chosen by the sender/senders while there are other more popular websites. The website initially has 60,000 hits every day, but because of the sex videos it has 1.2 million hits every day,” said Mallari.