JackStraw

Perhaps, you should reverse the questions. If your potential CFO doesn't ask the following don't hire them: 1) Why do you want me as the CFO to manage the hiring of technical people? Isn’t that what a CTO should be doing? 2) Why are you looking for a CFO, when what you describe really is an executive assistant or office manager? 3) Why are you looking to hire me as CFO, but not provide any substantive decision making influence like a cofounder? 4) Why aren’t you hiring an outsourced, third-party that can act like a CFO combined with a little part time temp work to do your assistant stuff? 5) Are you legit?

Fair point. But if you were the regional manager at Apple, would you take that chance? More to the point if you were an executive at apple with the your PR team breathing down your neck would you tell them argue your point to the press? Or would you hire a bunch of high priced consultants to preform tests to authenticate and verify the security of the machines and stores in question? Yup, you would pay for the security PR umbrella without question and without hesitation. Again, well over $5k. Also, can you add "indirect costs" into the equation? If so, we have gone from +5k to near $1m in a matter of paragraphs. NEXT....

We havent seen the warrant. We have only been told one charge the "artist" claims. That to me doesn't paint a holistic picture of reality.

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...

Apparently, the spyware was embedded on over 100 macs. That is at least what is known at the present time. Say apple hires a guy to clean those 100 machines and it takes 1 hour at a rate of??? We get above 5k in no time. Plus, do you really think apple is just going to check those 100 machines he admitted to infecting? Wouldnt you run a check on every single machine in that store? It wont take long to go from 5k to 500k.

Let’s be clear about the known facts: 1) McDonald claims he received permission from a security guard, but I didn't see any evidence or video proof to support this assertion. 2) McDonald claims he received permission from the security guard, but he fails to provide any information for what he was approved to do. -Clearly, filming from a public space, outside and apple store through a window and into an apple store is not really the central point here (policies of this nature would be the purview of the mall – and that's not even clear!) - McDonald, apparently, was filming within an apple store, which, correct me if I am wrong, is not technically a public space since it is a commercially zoned space, paid for by apple. - McDonald provides no information to suggest that he received authorization to film apple customers, likely a violation of apple store policy and security regulations. Last I checked, I didn't see a sign informing customers that by entering this apple store you waive your right to protest apple’s right to use your image for free. Ya, that’s right cause it doesn't exist. Apple security monitoring of clients in stores seems pretty straight forward and in line with any other retail outlet.

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.

(6) knowingly and with intent to defraud traffics (as defined in section1029) in any password or similar information through which a computer may be accessed without authorization, if— (A) such trafficking affects interstate or foreign commerce; - 1029. Fraud and related activity in connection with access ¬devices

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.

Ha! “McDonald set up roughly 100 Apple store computers to call his servers every minute.” Better get a real good attorney buddy, get your affairs in order, and give your cat to your mom, cause boy you are in a lot of trouble.

How did the "artist" get the photos off the webcam?

The program is specifically designed for High School students. I would check it out, if you are interested.

Consider applying for an internship with the government? http://www.nsa.gov/careers/opportunities_4_u/students/index....

didnt see the add, just the resulting comments. am curious to.

Thank you, Strat. Much obliged.