21 karma · joined April 24, 2011
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...
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.
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.