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Let’s be clear about the known facts: 1) McDonald claims he received permission from a security guard, but I didn't see any evidence or video proof to support t
by JackStraw 15y ago
Let’s be clear about the known facts:
1) McDonald claims he received permission from a security guard, but I didn't see any evidence or video proof to support this assertion.
2) McDonald claims he received permission from the security guard, but he fails to provide any information for what he was approved to do.
-Clearly, filming from a public space, outside and apple store through a window and into an apple store is not really the central point here (policies of this nature would be the purview of the mall – and that's not even clear!)
- McDonald, apparently, was filming within an apple store, which, correct me if I am wrong, is not technically a public space since it is a commercially zoned space, paid for by apple.
- McDonald provides no information to suggest that he received authorization to film apple customers, likely a violation of apple store policy and security regulations. Last I checked, I didn't see a sign informing customers that by entering this apple store you waive your right to protest apple’s right to use your image for free. Ya, that’s right cause it doesn't exist. Apple security monitoring of clients in stores seems pretty straight forward and in line with any other retail outlet.
Accesses: I would argue it’s not an issue of access but the fact that he installed a program on these computers. Even if the terminals did not require elevated privileges (which you will see apple change in the coming days), it is the unauthorized introduction of a program, which violates the law. Again, access doesn't mean permission to augment settings.
Additionally, it is interesting to note “12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.” It is conceivable that the spyware in question infringed upon privacy laws in these states. That would be another charge.
Photobooth has little to do with this situation as far as I can tell. Did customers agree to the service agreement or terms of service when demoing the computer? Answer, no. Because apple had no intention of allowing those pictures to be uploaded to the Net, right? Did these customers sign or digitally endorse a new kind of privacy policy that was presented by apple in order to use the demo computer? Answer, no. I mean really. Even if they did, would apple have been in a position to inform customers about potential spyware applications that were maliciously added to the demo computers? Answer, no. I mean come on.
This is pretty clear, cut and dry. Whether or not McDonald is using art to cover his tracks or whether he is really that ignorant is best left to the courts. I am sure he can plead out, but he definitely gets zero sympathy from me.
- ja27 15y agoBased on the fact that this is a federal investigation and the warrant specified Title 18 Section 1030, this has nothing to do with the rights of the people in the photos. I also don't think the potential charges have anything to do with wiretapping or capturing any data. It's all about unauthorized access to Apple's computers. It's a federal case not because of anything actually crossing state lines but because the computers are connected to the internet and therefore could potentially be involved in interstate commerce. I think it's really important that people understand how easily you can cross that line and end up in deep legal trouble. What's the legal difference between this and if I walked into an Apple store and installed my latest iPad app on a few display models?
- JackStraw 15y agoWe havent seen the warrant. We have only been told one charge the "artist" claims. That to me doesn't paint a holistic picture of reality. The criminal statute on unauthorized access seems pretty clear so perhaps McDonald 'just' violated that as a standalone matter. If so, ok - next (jail). To answer your question about the difference between this and your scenario is best summed up by the arrival or lack thereof the Secret Service. Agree, it is very important for folks to better understand how easy it is (for some) to cross the line into legal trouble. The EFF provides a few solid overviews on these issues. Would avoid these waters in general, but I digress...
- chopsueyar 15y agoExcellent interpretation. I agree with your reasoning.