If you own glasses that record people without their consent, we can't be friend, and please don't talk to me.
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If you own glasses that record people without their consent, we can't be friend, and please don't talk to me.
I agree with you, first off.
Also, I have no idea what the laws are like in Canada or anywhere else outside of the US.
That having been said…
Recording Video in Public Places
Recording video in public is generally permissible in places like public parks, city streets, and sidewalks, where there is no reasonable expectation of privacy. This means that if something is visible to the naked eye in a public space, you can record it. This principle extends to filming government buildings and the actions of public officials, like police officers, performing their duties in public.
This right does not extend into areas that, while publicly accessible, are considered private. The key determinant is the “reasonable expectation of privacy,” meaning you cannot use technology to see through the walls of a private home from a public street. The legal framework protects what people can plainly see, not what can be captured with invasive technology.
The Legality of Recording Audio
Capturing audio is governed by stricter laws than recording video alone, due to federal and state wiretapping statutes. The federal Electronic Communications Privacy Act (ECPA), often called the Wiretap Act, makes it illegal to intentionally intercept any wire, oral, or electronic communication. A violation of this act can lead to both criminal penalties and civil lawsuits.
The federal law, and the laws in a majority of states, operate under a “one-party consent” rule. This means you can legally record a conversation if you are a party to that conversation, as your participation implies your own consent. Most states and the District of Columbia follow this standard.
A number of states, however, have enacted more stringent “all-party consent” laws. In these jurisdictions, you must obtain permission from everyone involved in a private conversation to legally record it. States with all-party consent laws include:
- California
- Florida
- Pennsylvania
- Washington
If a conversation involves participants in different states, the best practice is to adhere to the strictest applicable law, which is the all-party consent rule.
Source: https://legalclarity.org/are-camera-glasses-legal-video-and-audio-recording-laws/
Obligatory: I'm not a lawyer.
It seems to me like, at least most places in the U.S., the fact that it records video is a non-issue while in public, at least in the legal sense, but also like the fact that it records audio could very easily make it illegal in public.
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@neptune22222 Yes, it does. People don't assume you are filming them when you are just wearing glasses. Most people with a rectangle pointed at them will suspect you might be filming them. The fact that it's disguised as glasses to record people without their knowledge matters a lot.
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I agree with you, first off.
Also, I have no idea what the laws are like in Canada or anywhere else outside of the US.
That having been said…
Recording Video in Public Places
Recording video in public is generally permissible in places like public parks, city streets, and sidewalks, where there is no reasonable expectation of privacy. This means that if something is visible to the naked eye in a public space, you can record it. This principle extends to filming government buildings and the actions of public officials, like police officers, performing their duties in public.
This right does not extend into areas that, while publicly accessible, are considered private. The key determinant is the “reasonable expectation of privacy,” meaning you cannot use technology to see through the walls of a private home from a public street. The legal framework protects what people can plainly see, not what can be captured with invasive technology.
The Legality of Recording Audio
Capturing audio is governed by stricter laws than recording video alone, due to federal and state wiretapping statutes. The federal Electronic Communications Privacy Act (ECPA), often called the Wiretap Act, makes it illegal to intentionally intercept any wire, oral, or electronic communication. A violation of this act can lead to both criminal penalties and civil lawsuits.
The federal law, and the laws in a majority of states, operate under a “one-party consent” rule. This means you can legally record a conversation if you are a party to that conversation, as your participation implies your own consent. Most states and the District of Columbia follow this standard.
A number of states, however, have enacted more stringent “all-party consent” laws. In these jurisdictions, you must obtain permission from everyone involved in a private conversation to legally record it. States with all-party consent laws include:
- California
- Florida
- Pennsylvania
- Washington
If a conversation involves participants in different states, the best practice is to adhere to the strictest applicable law, which is the all-party consent rule.
Source: https://legalclarity.org/are-camera-glasses-legal-video-and-audio-recording-laws/
Obligatory: I'm not a lawyer.
It seems to me like, at least most places in the U.S., the fact that it records video is a non-issue while in public, at least in the legal sense, but also like the fact that it records audio could very easily make it illegal in public.
@the There is a difference between legal and ethical. I care much less about the former than the latter.
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@neptune22222 Yes, it's creepy too. Making this practice possible with glasses as well is doubly creepy, and needs to be pushed back against.
It's not because it's already wrong with phones that it's okay to add glasses to the abuse repertoire.
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@the There is a difference between legal and ethical. I care much less about the former than the latter.
So do I. I also like to know how to get someone on a technicality when they're doing something unethical.
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@neptune22222 It doesn't have to be glasses then. It could be an offline camera wore in the neck using bright colors, and with clear warnings to people around that this device is recording but doesn't share data externally and is an assistive device. There are ways to build assistive technologies without infringing other people's rights and safety and feeding mass surveillance.
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If you own glasses that record people without their consent, we can't be friend, and please don't talk to me.
I don't only want them to not talk to me; I don't want them to look in my direction.
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@neptune22222 @Em0nM4stodon "Secretly recording" is an actual crime in Massachusetts. It's not just creepy.
Open recording is not a crime.
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I don't only want them to not talk to me; I don't want them to look in my direction.
@MegaMichelle Yes, this. Especially this.
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@neptune22222 It doesn't have to be glasses then. It could be an offline camera wore in the neck using bright colors, and with clear warnings to people around that this device is recording but doesn't share data externally and is an assistive device. There are ways to build assistive technologies without infringing other people's rights and safety and feeding mass surveillance.
@Em0nM4stodon @neptune22222 If the glasses have to have a record function for some reason, they can have a small flashing red light and a small audible ping when recording.
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