Imagine clicking on a popular Tumblr blog and seeing your own face stare back at you. If you’d shopped at one of two NY Apple stores recently, it could happen. According to the Huffington Post, artist Kyle McDonald is under investigation for Fraud and related activity in connection with computers.'”
Photo by Todd Hufman
Now, Mr. McDonald is arguing that he had permission to take the pictures. He also notes that his permission came from a guard, not from the subjects. I find that interesting because New York has video voyeur laws, which this looks to be a clear violation of (caveat: I am not a lawyer, nor do I play one on TV). While Mr. McDonald has a point that photography in open spaces is generally allowed, here in NY you have to notify people that you’re doing it in some way. That’s why TV shows post those little signs announcing they’re filming (that and so they don’t have to tow your car). When some guy with a camera takes your picture, you know. When someone has installed an app on a laptop, you don’t. Personally, I’ve been to one of the stores in question more than once and futzed about with the cameras. I’ve gotta say I’d be a bit creeped out to see my photo on this guy’s site.
This isn’t the first time someone has done something along those lines. Some of you may remember the Lower Merion School District Macbook Incident (what’s up with Macs as the delivery method here?), where students were punished for behavior committed at home via images taken from a school issue Macbook. Which is a bit more icky, actually. McDonald at least stayed in public places – these were computers in the bedrooms of teenagers.
Mr. McDonald claims his motivations where artistic, but that wouldn’t excuse the actions he took to create his art if they violated the rights of others. New York State Law protects someone from having their photo taken, surreptitiously. Of course, Mr. McDonald is being investigated by the Secret Service, so this is a Federal Case. As such, I don’t know if that law applies.
Do you believe that you have a right to know if someone is taking your picture and using it online? Do you think this was okay?
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