if to use Randal Schwartz's $68K restitution (in mid-90s prices) to Intel for copying a file between hosts as a precedent ...
If section 1030 doesn't fit, 1029 certainly does.
How can you honestly think this won’t be prosecuted? He installed spyware on over 100 computers (Apple will have to come down hard to deter future instances of this nature and push for prosecution).
The “artist” has also publicly admitted to doing so and provided the prosecution with more than enough evidence to see this through. It wasn't but an hour ago that the supposed “artist” received word from the EFF that he should just shut his mouth.
It could be hard to show the damages. These are display models in a store that I would suspect are regularly wiped clean anyways. If it really is 100 computers, that could approach the $5,000 figure though.
But they still need to consider his intent. A judge wouldn't even be able to accept a guilty plea from him if he didn't include his intent to cause damage in his allocution. He's made it pretty clear that his intent was to create some form of art. (Unless there's something more to the story.)
It's not a case I'd want to bring before a judge or jury, based on my understanding of the facts. That doesn't mean that they won't push for a plea deal or try the case just for the experience. I think section 1030 cases are still relatively rare.
I fail to see how it's unauthorized, also the recordings were made in a public space where there is no expectation of privacy. Even if privacy could be argued in a public space, I'm sure the Apple stores / malls have the requisite notices that people are being recorded, should they think they are not. There's a decent chance of a good defense.
It's going to be difficult for Apple to argue that the computers were not meant to be used this way, infact Apple provides software (Photobooth) to take pictures and upload them to the internet on its computers.
Are the feds seriously trying to assert that Apple had no idea how to configure their computers to enforce their access policy? Even if they couldn't figure this out a simple piece of tape over the camera would suffice.
If Apple doesn't want people doing this to their computers they should post notices that one should not access their computers until they have read and signed the acceptable use policy.
I have also had Apple employees at MacWorld tell me that since I was a far drive from their campus labs that I could always go to an Apple Store and install and test my software. I am sure this is not an officially endorsed thing, but it is something many people are suggested to do.
Many many youtube videos in the past have hit near meme status for a short time at least being made entirely in an Apple Store. At least half a million views or so. Apple has never C&D'd these performances.
I see the points people are making, but I have to be honest, were it my idea, I would never have thought I would have had a computer taken from me for it. More like simply asked to stop.
PhotoBooth does not delete images, they all end up rather hidden in the camera roll. Anyone can go in there and upload them to any site they desire.
How do sites like "pics of my ex gf" and "pics of random strangers" etc become allowed if this is not? In both those examples, the person the photo was taken of did not consent. There are a million adult'ish sites that take photo submissions.
I mean, it is a public space, paid for by our tax dollars, owned and run by the local government.
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.
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?
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...
Get over yourself. He installed a simple app that takes and emails photos. He put it on computers that don't save state so there's no more clean-up then flicking the switch and rebooting them all.
Sony wrote a rootkit, one that caused actual damages, and put it on thousands, if not millions, of home PCs.
Why so much outrage at this photo project? Photographer steal your soul?