Apple Store Artist Raided By Secret Service 376
An anonymous reader writes "Artist Kyle McDonald wanted to create something that captured people's expressions as they stared at computers. So the 25-year-old artist installed a program on computers in two New York Apple Store locations that would automatically take a photo every minute of whoever was standing in front of the computer. McDonald then uploaded the photos to his Tumblr blog, 'People Staring at Computers,' made a video with the photographs, and set up 'an exhibition' at the Apple stores to show what he had found. Within days, the Secret Service, which investigates computer crimes, had raided McDonald's house, seizing his two laptops, two flash drives and iPod."
Some dumbass (Score:2, Insightful)
Re:Double standards (Score:3, Insightful)
This is a completely different situation. The issue is that the artist had no right to install software on a machine without the permission of the machine's owner. The school in Merlon installed (admittedly disgusting) software on computers they owned.
Wait a second (Score:4, Insightful)
So he had no idea when he came up with this project that he might get in trouble with the law even though he _thinks_ he is on the right side of the law? Either this guy is trying to make a point by getting in the grey area (FTFA, he is a consultant for EFF), or a moron. In either way, he is going to need a lot of luck.
Great exposure (Score:5, Insightful)
Geez, you can't really ask for any better PR than having your project mentioned on national news. As long as he stays out of jail (go EFF!) then he'll come out on top in the end.
They shouldn't have gone after him... (Score:2, Insightful)
* Got permission
* Glorified art project
Seriously, what a waste of tax money.
Re:Wait a second (Score:3, Insightful)
Re:They shouldn't have gone after him... (Score:5, Insightful)
* Got permission
It sounds like a security guard gave him permission to take a few shots in the store, not to install webcam software on their laptops.
EFF? (Score:5, Insightful)
Re:Double standards (Score:1, Insightful)
There's a slight difference between installing 'spy' software on the school's computers that are being handed over for use by students and installing it on someone else's computers without their real knowledge. From TFA and others, he obtained permission to take some photos: not do a little impromtu- and really questionable from a legal view- IT work undercover.
The first is, from a property standpoint, legal. The school was installing software on computeres it owned. The second is not. The guy was installing software on somone else's computers without permission. Neither are ethical actions, with both being questionable from a privacy viewpoint, but the latter is the one that's gonna get the more 'thorough' response from law enforcement.
Slightly more detail and WTH did he expect? (Score:5, Insightful)
The potential penalty is absurd, but if you: Install software without permission on 100 machines at two stores that each take and upload a picture to your personal server every minute. Return every day, for several days, doing so since apple wipes the machines every day. Remotely trigger the software to show a slide show of your making (calling doing so "arranging an exhibition"), what the hell would you expect? No charges have been made yet, I hope he does not do jail time, but he deserves a smack upside the head.
Ideally Apple should lock down the DVD drives and USB ports at the stores, requiring an admin to mount a drive, though I have no clue how to do that.
Admin Privs?? (Score:5, Insightful)
Re:He asked a security guard for permission? (Score:5, Insightful)
It sounds like he asked some rent-a-cop if he could take people's pictures, and then gained access to computers in the Apple Stores to take these pictures without the permission of someone who actually had authority to grant that permission. The article is pretty scant on details, though, and only really tells things from his side, so it's hard to tell what really happened at this point.
That's probably what he did, and I think he's trying to just cover his tracks. I think he was hoping for a "ask for forgiveness rather than for permission" situation.
He should have gone to the Apple Store manager, told them explicitly what he wants to do: "I'm going to install software on all the Macs in this store, which will randomly take photos of your customers and upload the photos to my website, which I'll then display publicly for my art project." Then when they said, "no," go find something else to do with his time.
Very dubious grounds (Score:4, Insightful)
1.He installed unauthorized software on a computer not belonging to him, a security guard would not have the authority to give this person permission to do this, the Security guard i bet technically doesn't work for Apple, but will work for a security firm that has a contract with the store.
2.Yes in apple stores you can use the camera, but would you think it's ok for Apple to store those pictures and upload them to a public website, no i doubt you would
3.Technically he is not in a public space, he is in a apple store who can prohibit people from taking pictures, a lot of shops will not allow you to take pictures in there store.
4. It cannot be assumed people are aware there pictures are being taken, not everyone is computer literate and would notice things such as the camera light.
5.There is nothing against the law of taking pictures of people on a beach for instance and posting them on the web, one it's a public area, and also would tend to be more obvious carrying around a camera taking snaps.
6.there is very little difference legally had he set up a laptop in changing room and done the same thing
So... (Score:2, Insightful)
I take it the only reason the fucking Secret Service is going after him is because he isn't a corporation or the government.
The groups the Secret Service don't go after:
1) Sony Corporation (rootkits caused actual *harm* to PCs)
2) School systems that install "uncle pervy" software on underage students computers.
3) Facebook installing (implementing) facial recognition capabilities *without* the consent of user.
We know a) He had permission. b) Isn't wealthy. It makes great headlines and he has limited resources to fight back & hasn't paid off a legislator -- that is the difference. Fuck Obama -- I thought we were going to get real change - more of the same old shit.
Re:Double standards (Score:2, Insightful)
More sensible: wipe and re-install them every night. Or every few hours even, depending on how heavily customers tinker with it and try to change settings. As an Apple store you'd likely want your display models to look like Steve Jobs wants them to look.
Re:Don't see "art" here (Score:4, Insightful)
Uh... he installed hidden software that took pictures every minute and sent them to him, without the permission of the owner. Things like that tend to get you into trouble. Just ask this guy [msn.com].