(IMAGE: Kyle McDonald)

BY: STEFANIE REDDING

He calls it -- art.
The Secret Service calls it -- illegal.
And you may call it -- creepy.
New York tech artist Kyle McDonald allegedly installed a spyware program in two New York Apple stores -- and is now under investigation.
WMAQ has more...


“The secret service seized two computers, an iPod and two flash drives from Kyle McDonald. He apparently installed spy software on 100 Apple Store computers to capture images of people looking at laptop, all part of an art project to show what people look like using computers.”


The project is described as: quote- "A photographic intervention.”
McDonald says he wanted to capture the special face people make when they’re interacting with a machine, not another person.



Mashable reports -- McDonald admits his project quote- “might make some people uncomfortable.”
But he says -- he tried his best to avoid trouble by testing the waters first.


“Before he began, he got permission from Apple’s security guards to take photos in the store, then 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.”



The BBC reports -- Apple had no comment, but a spokesperson for the Secret Service explains how the activity is considered -- illegal.


“…the investigation was taking place under US Code Title 18 /1030 which relates to ‘Fraud and related activity in connection with computers.’ Offences covered by the legislation carry a maximum penalty of 20 years in prison.”



Despite the project’s legal troubles, a writer for MobileMedia says -- the art itself was certainly a statement.


“If McDonald's art project suggests anything, it's that humans are increasingly tied to computers and concerned with interactions between them and machines... it did manage to convey such a message before its demise.”



McDonald told Mashable that his biggest concern isn’t the criminal charges, but that he needs a new computer -- and hopes Apple will let him in.

Transcript by Newsy.