What's the problem? It's a photo taken in a public space. It's not like the government doesn't do the same thing to everybody 20-40 times a day (and more like 400 times a day in the UK). It's not like the guy went around breaking down people's doors because he thought he heard them flushing drugs down a toilet*.
I think the problem is that he installed software on a private piece of property (a laptop in an Apple Store), recorded people's images without their knowledge (usually you know when you're being recorded) and posted them online without their consent.
Was there any actual harm done? I don't think so, but were his actions "right" or un-punishable? That's up for debate.