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Secret Service investigates artist who used Apple Store Macs as spy cameras

Posted July 8, 2011 7:48am by Phil Hornshaw Tags: Apple, Apple Store, Art, Kyle McDonald

A Brooklyn artist’s home was searched by U.S. Secret Service agents Thursday morning, and two of his computers and a handful of other hardware were seized during the search.

The agents were sent by a local Apple Store.

Kyle McDonald, a 25-year-old artist working on a project that documented the reactions of people using computers. According to a story from Mashable, in order to gather images for the project, McDonald went to a pair of Apple Stores near where he lives on three days in June and got permission to take photos within the store. He also asked customers in the store for the permission to use their images, and then installed a program on several computers in the stores that took pictures of whatever was in front of them about once a minute.

The photos were sent back to McDonald’s computer at his home. McDonald loaded several of the photos up on his Tumblr account, and even set up the computers in the Apple Stores to show them as a sort of exhibition. Patrons in the stores had their pictures taken and then displayed on the screens; McDonald said no one complained, so he didn’t think it was a big deal.

Apple Stores wipe their computers each night, so McDonald had to reinstall the program every day for the three days that he gathered the photos. Over the course of the project, he set up nearly 100 Apple computers to take pictures each minute and send them back to his servers – and that’s a lot of traffic on the stores’ networks, which Apple monitors. Eventually, a technician traced the program back to its source, and his picture showed up in McDonald’s server after the tech downloaded the program to see what it was. Even though none of what he’d done was authorized, McDonald didn’t hear from Apple, so he figured Apple found the art project and figured it wasn’t a big deal.

That was until the four Secret Service agents showed up with a warrant. They also said McDonald would be hearing from Apple.

Mashable couldn’t reach Apple for a comment, and McDonald doesn’t think that anything he did was technically illegal. The point of the project was to capture people interacting with computers, which he said shows differently in our faces than interaction with other people, even though computer use can be a social experience. It also closes people off from one another in a lot of ways, he explained to Mashable.

While the art project might be an interesting one, McDonald’s work on it is on hiatus, at least until he can get a new computer since the Secret Service has his impounded. We’ll have to wait and see what other action Apple and the federal government might take against him.

claidheamdanns

Claidheamdanns_283x283

Okay, he got permission from the stores, and from the people, to take the pictures. I'm scratching my head and trying to figure what, if anything, he did wrong??

Reply to comment Posted July 08, 2011

jhurshman

Missing

I don't think all the information has come out about this event, but from what I read, he asked one security guard at the store (presumably an Apple employee) if he could "take photos" inside the store. He also asked a few customers if he could take their photo. When those few customers agreed, he assumed that everyone would agree.

I think most people would interpret "taking photos" as a different sort of activity than installing software which surreptitiously takes photos using the built-in camera.

What he did wrong, in my (non lawyerly) opinion is the following:
• He got permission from someone (the guard) probably not authorized to grant it.
• He got permission from only a small sample of customers and assumed that this gave him permission from all.
• The permission he was granted (such as it was) was for something which a reasonable person would expect to be different than what he actually did.

If someone had been a customer at that Apple store on the day after McDonald got "permission" and subsequently saw his work, which contained the unknowing customer's photo, would probably not have been very happy.

Reply to comment Posted July 08, 2011

Whoopie

Missing

Since only one program can control the camera at a time...the DHS noticed that they were unable to grab an image the camera during their normal full scale internet image sweep...so they sent in the secret service to track down who had control of it?

Ya gotta check all the cameras on the internet to see if a bad guy is using a computer right?

Reply to comment Posted July 08, 2011

mossholderm

Missing

@jhurshman I think you are reading way too much into what this fellow actually needs in the way of permission.

* He checked with the guard to see if photography was permitted in the store. If doesn't matter what brand of camera he used, and he wasn't taking photographs that would otherwise be illegal (e.g. up ladies dresses).

* He checked with some of the customers to see if they were OK with having their picture taken in a public place. He didn't actually need to do this, since he was in a public place. See this: http://en.wikipedia.org/wiki/Photography_and_the_law#Private_property

* He had the implicit approval of Apple to use the computers. They encourage people to use them all day, everyday as a sales tactic. There is no contract being signed saying what uses are appropriate.

I actually think he is in the clear, because of Apple's permissive stance on the use of their computers.

Reply to comment Posted July 08, 2011

Richardo

Missing

Asking a guard if you can take pictures, and then installing multiple copies of a program that will take grab peoples pictures after you leave, and send them to a remote location????

Thats not implicit permission in my book, much more like an attempt to defraud. Ever hear of biometrics? Do you have any idea what can be done with full face images like that? Its just like a social security number.

Even if his motives were pure, his head is up his own arse

Reply to comment Posted July 08, 2011

Richardo

Missing

I'd like to see this guys name and address be posted publicly so all the people whose images he grabbed can show up at his door. He won't like it if I'm in there.

Reply to comment Posted July 08, 2011
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