Earlier quoted context omitted.
I don't see a major functional difference between installing the spyware and taking the pictures with an open browser tab, a Facetime call to yourself, or a long lens from outside the store. It's hard for me to see those things as rising to the level of criminality on a publicly accessible computer in a public space, so it's hard for me to be offended just because installed software was used to achieve the same ends.…
> I don't see a major functional difference between installing the spyware and taking the pictures with an open browser tab, a Facetime call to yourself, or a long lens from outside the store. That's troubling. How would you react if I installed spyware on one of your devices that constantly took pictures of you, but only when you were out in public? Do you think I should face any sort of punishment? If you're not on…
Capturing a singular moment in a person's life in a fixed context is also significantly different to me than capturing the entire story of their public life. What you are proposing has a tracking component that the OP's project did not, so I don't see it as an apples to apples comparison.
I don't think people should generally face punishment for taking pictures in public, and if you took my picture each time I went to a particular store without stalking or harassing me, and without using the pictures for malicious purposes it's hard for me to see that as criminal or particularly wrong even if it's not entirely comfortable. At the very least it's a common and legal practice for stores to do so via their security systems, so I'm reluctant to villainize art that points that surveillance out as opposed to the actual surveillance itself.
To be clear, I'm not saying that installing spyware can't rise to the level of being wrong or illegal, I just don't see this example as very egregious. Your example would be much more insidious.