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Starting July 20, all courts in New York State will officially ban the use of smart glasses on their premises. The ban applies to 1,240 state, county, city, town, and village courts. According to the local publication Syracuse, notices about the new rules have already begun to appear on buildings, including on the doors of the Honorable James C. Torney III Criminal Courthouse.
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The ban applies to all types of eyewear, as well as headwear equipped with cameras and microphones, and even includes smart glasses with prescription lenses. Signs posted near courthouses ask visitors to bring regular glasses to wear inside the buildings. Although some courts in other states, notably Wisconsin and Pennsylvania, already prohibit the use of smart glasses on their premises, New York has become the first state to implement a blanket ban.
In general, recording in court is not permitted, and the rules of the New York State court system explicitly state that “photography, filming, or video recording, audio recording, broadcasting, or televising within a courthouse, including any courtroom, office, or hallway, at any time and under any circumstances, regardless of whether a court proceeding is in session, are prohibited.”
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Smart glasses can make covert video recording much easier, since you don’t need to raise a camera or smartphone to start recording. Typically, such devices are equipped with indicators that light up and flash while taking photos or recording video; however, on some models, these indicators can be turned off or even removed.
One of the most high-profile cases that drew attention to the use of smart glasses in court was a hearing in February, when Meta CEO Mark Zuckerberg testified during a jury trial regarding social media addiction. Members of his team accompanied him while wearing Meta Ray-Ban glasses, prompting the judge to warn them that recording the trial with these devices was prohibited. It’s possible that none of them had used the glasses for recording prior to this warning, but the judge was concerned about the possibility of the jury being recorded and identified.
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It’s worth noting that Meta smart glasses do not take photos or videos if the device’s system detects that the recording LED indicator is covered. The company also stated in a post addressing criticism of its devices that it is rolling out an update that will disable the camera if the system detects physical damage to or removal of the recording indicator light.
However, it doesn’t matter whether the glasses have been modified, as New York courts will not allow such devices to be brought inside at all. Smart glasses owners will be required to leave them with uniformed court security officers at the entrance to the building, even if they are attorneys or court employees.
Recently, the cruise line Royal Caribbean banned the use of smart glasses in certain areas on its ships, including public restrooms, Youth Program areas, medical facilities, and casinos. MSC Cruises also introduced a partial ban on such devices last year, citing privacy concerns. Meanwhile, Illinois lawmakers are considering adding smart glasses to the list of devices prohibited for drivers as part of efforts to combat distracted driving.
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