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Re:Feds visit artist behind People Staring at Computers, con... by guelo on Thursday July 07, 2011 @09:35PM (#2740987)
IANAL but here's my argument if I was his defense lawyer:

When you walk into an Apple store Apple openly invites you to use their computers. There are no instructions on what you are and are not allowed to do on the computers, no warnings against installing software or that specific types of programs are not allowed to be installed. The computers are mostly not locked down, the fact that Apple wipes the computers every night shows that Apple expects customers to use the computers in anyway they see fit. Apple's open invitation to use the computers means it is not possible to "trespass" onto these computers.

An Apple store contains hundreds of cameras, the cameras are prominent features in most of the devices and customers will be aware of them. Customers routinely take pictures of each other, of the employees and everything in the store. While using the cameras, they test uploading pictures to internet services such as email, Facebook, and others. There is no expectation of privacy and any reasonable customer should expect that their picture might be taken and uploaded to the internet.

Re:Feds visit artist behind People Staring at Computers, con... by napierzaza on Thursday July 07, 2011 @10:49PM (#2741139)
You are indeed NAL.
Re:Feds visit artist behind People Staring at Computers, con... by sorbus on Thursday July 07, 2011 @11:26PM (#2741184)
Apply the same logic to using computers in an Apple store to launch a DDOS. You hardly have to change your argument, and yet it reveals how absurd it is.
Re:Feds visit artist behind People Staring at Computers, con... by guelo on Thursday July 07, 2011 @11:32PM (#2741189)
There are specific laws against launching a DDOS. What law are you suggesting he violated?
Re:Feds visit artist behind People Staring at Computers, con... by tptacek on Friday July 08, 2011 @12:06AM (#2741257)
What law are you referring to?
Re:Feds visit artist behind People Staring at Computers, con... by guelo on Friday July 08, 2011 @01:23AM (#2741378)
DDOS attackers are charged under the Computer Fraud and Abuse Act. They charged one of the kids from the Anonymous DDOS on Scientology with "unauthorized impairment of a protected computer in violation of 18 U.S.C. ยง 1030 (a) (5) (A) (i), (B) (i)." http://secretdox.wordpress.com/2008/10/18/usa-v-guzner-plea-...

I realize this is the same statute that they are going to come after this guy but they couldn't get him for impairment of a protected computer. They would have to try charging him for unauthorized access, but my point is that Apple is implicitly authorizing everyone in their stores to access their computers.

Re:Feds visit artist behind People Staring at Computers, con... by sorbus on Thursday July 07, 2011 @11:37PM (#2741200)
Neither of us are lawyers; we are not qualified to have a discussion of which laws he violated. I am pointing out that - ignoring the legality of what he did (I suspect the response might involve suspicions of keyloggers present in the his code, because I'm a bit paranoid) - your argument makes no sense.