Slashdot Mirror
When Art, Apple and the Secret Service Collide
theodp writes "Last July, Slashdot reported on Kyle McDonald, the artist who had the Secret Service raid his home at the behest of Apple, who was miffed with Kyle's surreptitious capture of people's expressions as they stared at computers in Apple Stores. A year later, Wired is running McDonald's first-person account of the preparation for and fallout from his People Staring at Computers project. 'I really wasn't expecting the Secret Service,' McDonald begins. 'Maybe an email, or a phone call from Apple. Instead, my first indication that something was "wrong" was a real-life visit from the organization best known for protecting the President of the United States of America.'"
>>>the apple store is not a public facility but a private one
According to New York and most state laws, a private venue that has been opened to the general citizenry is no longer a private area. It is defined as a "public facility" and therefore has to abide by the state's non-discrimination, non-smoking, and other laws.
My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
The photos were gathered by going to Apple retail stores and secretly installing an application on Macs that would snap a photo using the Mac's built-in webcam iSight every minute and uploading photos if a face of an unsuspecting customer was detected.
I suspect that's the tricky bit that brought down the wrath.
1) The Apple Store is not a "public facility" it is private property.
Maybe by your definition, but by law it is open to the public and thus public.
2) he wasn't using his own equipment, he was installing software on Apple's machines.
Which is allowed. They have a very generous policy for use of their display machines, choosing to wipe them every night rather than try to enforce some kind of demo mode. I think he abused this policy, but it was not a crime.
3) Apple doesn't "forbid" you from using your own cameras and recording equipment in their stores to "record what they witness in plain sight", it just frowns on you effectively installing hidden cameras to capture people's images without them knowing.
Frowning is one thing - calling the Secret Service is another!
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
"You can take pictures if you want, but to publish them in any way, be it a magazine, website or artistic display, you need to get permission from the individuals in the pictures to do so. It's called a model release and every ethical photographer knows about them. "
You're not a photographer, then, because in public venues, you have no right.
Yes, I do photography and film. Yes, I attended school for it.
Quit talking if you're not educated on the subject/hold any certification.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
...he asked an Apple employee for permission, which was granted.
No, he claimed he asked a Security Guard (which may mean the guard worked for Apple, or might mean he worked for a company that was contracted by Apple) if he could take pictures in the store.
He did not ask for, or receive, permission to install software on the computers.
He checked the terms of use and found no restrictions against installing software, spyware or otherwise..
Except for, you know, the The Federal Computer Fraud and Abuse Act:
Whoever--
intentionally accesses a computer without authorization...
--knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;
--intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or
--intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage;
The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General."