Smart Glasses Recording: When Camera Glasses Raise Criminal Law Questions

Smart glasses make recording easy, and that raises legal questions

Glasses with built-in cameras and microphones can take photos, record video, and capture audio with a tap, a spoken command, or sometimes without the people nearby noticing at all. As these devices become more common, more people are asking a simple question: when is it legal to record someone with camera glasses, and when can it lead to criminal charges?

A recent lawsuit against a major tech company has also raised privacy questions about camera glasses. It alleges that the company’s AI glasses recorded private conversations without being activated. That case is a civil lawsuit, not a criminal case, and the claims in it have not been proven. Attorney Ron Frey is not commenting on any particular case, company, or person. This post explains, in general terms, how recording laws, privacy, and digital evidence can come into play when smart glasses record people or conversations.

Consent rules for recording conversations vary by state

Recording laws are often called wiretap or eavesdropping laws. In general, they focus on recording a conversation without the consent of the people in it. Who has to agree depends on where the recording happens:

• One-party consent. Federal law and a majority of states generally allow a person who is part of a conversation to record it, or a person to record with the consent of one participant.
• All-party consent. Some states, including Florida, generally require that everyone in a private conversation agree before it is recorded. In those states, one person agreeing is often not enough, even if that person is the one wearing the glasses.
• Mixed rules. A few states treat phone calls and in-person conversations differently, and some laws have narrow exceptions.

When people in different states are on the same call or video chat, which state’s law applies can be unclear. Justia’s 50-state survey of recording laws gives a general overview. For Florida specifically, see Recording Conversations in Florida: Smart Glasses, Phones and Criminal Charges on FreyLegal.com.

Private conversations, public places, and video

Many recording laws are mainly concerned with private conversations, meaning ones where the people talking reasonably expect that no one is recording them. A conversation in a home, a private office, a doctor’s exam room, or a closed meeting is very different from people talking loudly on a crowded street. Where the conversation happened, who was nearby, and whether anyone took steps to keep it private can all matter.

Video raises its own questions. Some states, including Florida, have separate laws about secretly viewing or recording people who are dressing, undressing, or exposed in places where they expect privacy, such as bathrooms, changing rooms, and homes, or secretly recording under or through someone’s clothing. Those charges are treated very seriously, and glasses with cameras can fall within them just as phones or hidden cameras can. Our posts on video evidence in criminal cases and surveillance, crime, and evidence cover how video is used in investigations more broadly.

When a device records more than anyone intended

Some smart glasses listen for a spoken command, often called a wake word, before they start recording or sending audio to an AI assistant. Published reports have described glasses recording audio without the wake word, and the company involved said at the time that the issue had been resolved. Whatever the cause in a given situation, these reports show that a device can capture more than its owner meant it to.

In a criminal investigation involving smart glasses, questions like these may matter:

• Did the person mean to record anything? Intent can be an important question, and a device that records on its own may raise different issues than a person who pressed record.
• How does the device work, and how was it set up? Settings, software updates, and the recording light or other indicators may all be part of the review.
• Where was the device used? A workplace, a medical office, a home, and a public sidewalk can lead to very different analyses.
• Where did the recording end up? Glasses often sync with a phone app and an online account, so audio, video, and activity logs may exist in more than one place. Our post on how police get AI chats and records explains how investigators may seek records from tech companies.

Hidden recording devices can also come up in federal cases. Our post on AI chatbot prompts as evidence discusses a federal charge involving a device used to intercept conversations.

Sharing or using a recording is a separate issue

Making a recording is only part of the picture. Under federal law and in some states, including Florida, knowingly sharing or using a recording that was made unlawfully can lead to its own charge. Posting it online, sending it to friends, or using it in a dispute can add to the problem, even if the person believes the recording helps them.

Recording questions come up in workplace disagreements, family and custody conflicts, relationships, business meetings, landlord and tenant disputes, and private appointments. In each of these situations, the people involved, the setting, and how the recording was made and used all matter.

Every situation is evaluated case by case under current law, and each needs a tailored response. Laws change, and what applies depends on the facts and the state or court involved. Please don’t rely on what the internet or AI tools say about your specific situation.

Talk to an attorney first

If police have contacted you about a recording, asked to look at your glasses, phone, or online account, or asked you to come in and talk, Attorney Ron Frey generally advises speaking with an attorney before answering questions or agreeing to a search. Whether a person may be required to provide a password or unlock a device depends on the circumstances, the jurisdiction, and any search warrant or court order involved, so that decision should be made with an attorney’s advice (see should I provide my password to the police or FBI?). Even if you believe a recording helps you, talk with an attorney before you share it with anyone. You have the right to remain silent. Every case is different, and contacting an attorney is a priority to get tailored advice.

Attorney Ron Frey of The Frey Law Firm, LLC has been practicing law for over two decades and represents people nationally in internet and computer crime investigations and charges. He is a conference speaker and published author.

Attorney Ron Frey Is Available for a Free Initial Confidential Consultation: Call or Text (844) 766-3739. In Florida, call (813) 775-2276. You can also reach the firm through the contact page.

Journalists covering smart glasses, recording laws, and digital privacy can reach Attorney Ron Frey through the Media Inquiries page.