Monday, 11. July 2011
Okay, so, art? I don’t get it. Well, let me rephrase. Modern art I don’t get. Media art and abstract art. Huh? What?
So this guy, Kyle McDonald, decided to take pictures of people using computers and post them on the internet. Apparently he is out to demonstrate the following concept:
“We have this expression on our face [when we use computers] that basically says that we’re not interacting with anybody, we’re interacting with the machine”
Holy cow. This artist’s radical message of, essentially, “we don’t look like we’re interacting with people when we aren’t interacting with people” NEEDS to be heard! Or, er, seen. McDonald is in some hot water after rigging some computers to take screencamera shots of Apple store shoppers, using a program that automatically snaps a picture when a face is detected. These photos were then uploaded online to his public tumblr account. When Apple noticed their store computers had been tampered with the Secret Service was called and McDonald’s home was searched.
It is no secret that I don’t like Apple. However, I am quite surprised at all the flack that Apple‘s been getting. Is calling the Secret Service an extreme measure? Sure. But when you tamper with store property with the express purpose of invading people’s privacy, there are several crimes in there. Calling it “art” doesn’t make it any less a crime. Does it? Because I totally need to liberate a thousand dollars from Walmart’s tills….you know…for the sake of art. It’s a passion project.

The subject's face has been blurred to protect the fact I don't know how to focus a camera.
Seriously, though, McDonald’s project has really gotten me thinking about the invasion of privacy it involves -mainly because the topic hasn’t really been brought up. The main focus has mostly been on the tech side (is altering a store computer, open for use, really hacking?) and very little on the invasion of privacy side. It’s interesting how the right to privacy seems to lose its meaning as we move from hard formats to digital.
When I was in journalism class (does it surprise you to learn I’ve actually studied journalism? I bet it does!) we had a segment on privacy and this very subject – posting people’s images and likenesses – came up. The advice was, to publish someone’s photograph or likeness, there were three rules to adhere to.
1) is the person famous – is just having a picture of them enough to warrant a “story”? Headline: ”Angelina Jolie at Apple Store!”
2) if the person is not famous are they at a public, newsworthy event? One at which journalism coverage would not be out of place? Headline: “Apple Store Spontaneously Combusts!”
3) if rules 1 and 2 do not apply has signed, written permission to use their image in the specified form for use been acquired? (Headline: ”I Asked This Man I’ve Never Met If I Could Show His Face To All My Friends And He Said Yes!”)
If you didn’t have a “yes” to at least one of those rules, you didn’t use the photo. Period.
Of course, I’m not a lawyer and those three rules are not binding themselves – but in the realm of privacy issues these would protect us from liability. Anything less than this and we were leaving ourselves open to lawsuit. It does not appear that McDonald followed ANY of these rules. In most of the articles I’ve read on this, again, no one is even raising the issue of people’s right to privacy, however Mashable does flesh it out a bit deeper, reporting that McDonald had observed:
….at the Apple stores on West 14th Street and in Soho, when people looked at an Apple store machine, they saw a picture of themselves. Then they saw photos of other people staring at computers. Amazingly, nobody made a fuss.
When I walk into Target I see myself on the television screen above the door. I assume this is for security purposes and will only be used for that. Furthermore I do not expect my image to be sent to a website. I don’t care if other people in the store can see me on the monitor because, well, they’re in the store and they can see me anyway, however, once we get into the realm of “outsiders” it is a different story.
Furthermore, simply displaying something that has multiple levels of expression (and dissemination) to it and taking any “lack of fuss” as informed consent is extremely flawed. The following argument is just as flawed:
[McDonald] asked customers if he could take their photos (with a camera). Had they all said no, he says, he wouldn’t have proceeded… If someone sees themselves in his collection and wants to be removed, he will remove them.
This is still a violation of rule three. Asking someone to take their photo with a camera, with no mention of what you plan to use it for, is quite different than asking someone if you can capture their image when they are unprepared and put it on a website indefinitely. Furthermore, “had they ALL said no”? This implies that some people did say no, and McDonald simply ignored them. If I don’t want to be in his collection, but at the same time don’t want to waste my time trawling through his collection just in case I might be in there still doesn’t mean I’m giving consent for him to use my likeness.
Again, what intrigues me about this story is the gap between online regulations and in-print regulations. I cannot remember who said it, but I heard very recently that the internet is taking on an “Old West” feel, where there really are no laws. The abundance of outlets for expression is awesome – in the “great and somewhat terrifying” definition of the term. It’s great that musicians and writers no longer have to wait for “mainstream” acceptance to get their career started and flourishing, and that other people can look for alternatives to just the mainstream entertainment. At the same time, what’s disconcerting is the “mob rule”, or perhaps the “mob brainwashing”. Dropping the p-word from “online publishing” has made blogging and tweeting sound cooler and newer, but it’s also allowed people to pretend they are exempt from the rules of paper publishing. Someone would definitely have a case on their hands if their photo was put in the paper without permission and/or reason, so should the three rules above apply to the online world, if someone’s image is published to a tumblr without permission and/or reason? Is the answer “no” simply because “everyone” uploads and publishes photos taken in public places “all the time”? If so, what other laws should be completely disregarded online?
…’Cause I’m not joking about my thousand-dollar “art project”.