California Governor Vetoes Bill Regulating Wearable Devices

California Governor Gavin Newsom has vetoed a bill aimed at regulating wearable devices that can record video and audio without users' knowledge.

The proposed legislation would have required prominent recording indicators on wearable devices sold in California from 2028, as well as prohibited disabling these indicators. It also made it a misdemeanor to record people without their explicit consent in physical places of business where they reasonably expect privacy.

Several companies based in California are developing smart glasses that raise questions about unnoticed recording and privacy concerns for those who have not chosen to wear them. Lawmakers want stronger protections against invasive uses of the technology, but Newsom argues that the proposed rules would be too broad and could affect other everyday devices.

Newsom acknowledged the need for a legislative response to reports of invasive uses of wearable devices. However, he vetoed the bill on grounds that it could sweep in smartwatches and other devices, duplicating existing privacy protections.

The governor's office referred further questions about potential support for a narrower proposal back to his original message, stating that it "speaks for itself".

Tech companies are increasingly incorporating augmented reality features into their products, including smart glasses that can capture video and audio. One notable example is Snap's Specs augmented reality glasses, which have been co-developed with Hollywood actor Robert Downey Jr.

The collaboration between Downey Jr. and Snap goes beyond a simple endorsement deal, with the actor actively involved in shaping new experiences for the Specs device. As smart glasses become more widespread, concerns are growing about their potential impact on public privacy.

Meta, another prominent player in the smart glasses market, has reported strong sales figures, with over 7 million pairs sold last year through its partnership with eyewear manufacturer EssilorLuxottica. However, this increased adoption also raises questions about how users will interact with people who may not be aware of the device's recording capabilities.

The proposed bill aimed to address these concerns by requiring smart devices to include clear indicators when they are capturing audio or video. This would help prevent situations where people unknowingly record others without their consent.

However, the proposal also included provisions that could have led to unintended consequences, such as creating confusion around what types of devices fall under the law's purview.

The governor's office emphasized that existing laws already provide sufficient protection for individuals' privacy when it comes to recording and confidential communications. These laws remain in effect despite the veto of the proposed legislation. They offer a safeguard against unlawful activities such as secretly recording people in places where they reasonably expect privacy or intercepting confidential conversations without consent.

Tech companies, including industry leaders Meta, Google, and Amazon, had expressed concerns about the proposed legislation through their trade association TechNet. According to reports, these tech giants argued that existing laws already address issues related to unlawful recording. They contended that the new regulations were unnecessary.

The office of Assemblymember Lori Reyes did not provide a response to questions about whether she plans to reintroduce the legislation or engage in discussions with the governor's office regarding potential revisions. This lack of clarification leaves the future of the proposed rules uncertain.

Other states are exploring their own approaches to regulating smart glasses and similar devices. For example, Louisiana recently enacted a law that requires users to notify individuals in direct conversations when recording or transcribing them, subject to certain exceptions. Meanwhile, a Pennsylvania House committee has advanced a bill that would mandate visible recording indicators on these devices.

The current warning system for bystanders is relatively minimal, consisting of a small white light on the frames of smart glasses. On Meta's products, this light flashes whenever the wearer captures an image or video for their personal gallery, and there's no option to disable it. Additionally, newer models incorporate features that automatically shut off the camera if they detect the light being obstructed.

Meta has taken steps to address concerns over smart glasses recording footage without users' knowledge or consent. The company's measures include automatically shutting off the camera if it detects that the light indicator is being obstructed.

These efforts were prompted by a growing debate over whether smart glasses should be subject to stricter regulations, particularly in California where lawmakers had proposed legislation requiring devices to alert users before recording video. However, Meta has argued that its own safeguards are sufficient and do not need to be codified into law.

In addition to shutting off the camera if the indicator is blocked, Meta also removes advertisements and Marketplace listings for services that disable the light, and can take action against providers by banning their accounts or pursuing legal action. This approach has been met with skepticism from some who argue that it is not enough to protect users' privacy.

The debate over smart glasses and user consent highlights a broader concern about the increasing prevalence of wearable technology and its potential impact on individuals' right to privacy, as noted by Thorin Klosowski, a security and privacy activist at the Electronic Frontier Foundation.