Legal Issues Surrounding Wearable Technology
There is a great deal of confusion surrounding wearable technology such as Google Glass or the Go-Pro cameras when it comes to legal implications of the use of these devices. They are helpful when dealing with police during traffic stops or when a wearer sees a traffic accident or a criminal act occurring and records it and then hands it over to the law enforcement. However, there are other situations when merely wearing a device can land a user in legal trouble.
One such case happened in Southern California a year ago when a driver was pulled over and cited for speeding and distracted driving because she was using Google Glass. She took the case to court and both citations were later dropped.
Another case took place in Columbus, Ohio at the beginning of 2014 when a gentleman was pulled out of an AMC movie theater and taken into custody by the federal agents. He was informed that there were incidents of people illegally recording movies at that venue and later was let go.
As these cases illustrate, there are not many current regulations that apply to the use of these devices. Most states have a law that states that individuals cannot be recorded without their consent; however these mostly apply to private settings. There is no expectation of privacy in the street or park or any other public area as evidenced in a case that took place earlier this year when a man was photographing women who were wearing skirts and walking by or sitting on the steps of Lincoln Memorial in Washington, D.C. He was arrested and the judge ruled that the photographs taken did not violate their privacy.
Due to lack of appropriate case law and regulations, many business establishments, both public and private, are enacting their own rules when dealing with customers or clients using such devices. Many business establishments started