Re: <nettime> BBC E-mail: Secret agents raid webcam artist

Making the pictures - fine. Distributing the pictures - not that fine. Op 10 juli 2011 01:42 schreef Ted Smith het volgende:

I don't see how this is illegal -- IANAL, but I doubt that the people being photographed have any legal basis to prevent that (really? you think it's illegal for people to be photographed in retail stores?).

The secret service is probably involved because of this: http://peoplestaringatcomputers.tumblr.com/post/7255735213

On Sat, 2011-07-09 at 23:53 +0300, lodewijk andrC) de la porte wrote:

...

This kind fellow collected full facial images when people couldn't have suspected it. Some argue it's a place where people couldn't reasonably expect not to have been photographed, a store doesn't have to be a public place however and making the images publicly accessible (via his website where people could comment on individual pictures) is something even worse.

His practice is most likely illegal and I can't quite say I like it either.

The only thing strange about it is secret service investigating the case. Can't say he did something to the treasury and I think it would've been big news if he caught the president (or the likes) in one of the shots.

The EFF's legal advice should always be requestable. I hope not, however, that the EFF will take sides with the photographer.

Lewis

2011/7/9 Eugen Leitl

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----- Forwarded message from Molly Hankwitz -----

From: Molly Hankwitz Date: Fri, 8 Jul 2011 19:27:15 -0700 To: nettime-l@kein.org Subject: <nettime> BBC E-mail: Secret agents raid webcam artist X-Mailer: iPhone Mail (8G4)

I saw this story on the BBC News iPhone App and thought you should see it.

** Secret agents raid webcam artist **

The US Secret Service has raided the home of an artist who collected images f= rom webcams in a New York Apple store. <http://www.bbc.co.uk/news/technology-14080438 >

Kyle McDonald is said to have installed software that photographed people looking at laptops then uploaded the pictures to a website.

Mr McDonald said he had obtained permission from a security guard to take photos inside the store.

Apple declined to comment. However, the Secret Service confirmed that its electronic crime division was involved.

A spokesperson told the BBC that the investigation was taking place under US Code Title 18 /1030 which relates to Fraud and related activity in connection with computers.

Offences covered by the legislation carry a maximum penalty of 20 years in prison.

Writing on Twitter, Mr McDonald said: "@secretservice just stopped by to investigate [web address removed] and took my laptop. Please assume they're reading any e-mails you send me."

No arrests had been made in the case as of 8 July.

Staring

Kyle McDonald's images were uploaded to a page on the blogging site Tumblr. In the description of People Staring at Computers, the project is described as: "A photographic intervention. Custom app installed around NYC, taking a picture every minute and uploading it if a face is found in the image. Exhibited on site with a remotely triggered app that displayed the photos full screen on every available computer."

The site features a video and series of photographs, apparently showing shoppers trying-out computers. Comments on the individuals by visitors to the site are also attached to the images. Mr McDonald, writing on Twitter, said that he had been advised not to comment on the case by the online freedom group the Electronic Frontier Foundation.

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