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Someone sitting across from you at a bar or standing next to you at the gym could be wearing glasses that record your face and voice. You might not even notice.
California lawmakers tried to make that harder with Senate Bill 1130, which would have created new rules around recording people with smart glasses and other wearable devices.[1] Governor Gavin Newsom vetoed the bill on Sept. 30.[2]
The legislation would have penalized people who secretly recorded others in private spaces, including changing rooms and doctors' offices.
Starting in 2028, wearable recording devices would also have needed a visual or audio indicator showing when they were recording. Such technology designed to hide those indicators would have been banned.
Newsom argued the bill cast too wide a net.
“This measure defines several terms too broadly or imprecisely,” Newsom wrote in his veto message, adding that its definition of a wearable recording device could include “certain smartwatches or other worn devices widely used in public spaces and capable of recording.”[3]
He also argued California law already makes it a crime to record someone where they have a reasonable expectation of privacy or to record confidential communications without consent.
But how can you object if you don't know a camera is running?
Can someone legally record you with smart glasses?
What can you do if you think someone is recording you?
Smart glasses can make a camera easy to miss
Meta's Ray-Ban smart glasses put a camera and microphones into frames designed to look much like regular glasses. More than 7 million pairs of Meta's AI-powered glasses were sold last year, according to the AP.
Meta includes a white LED that activates when the glasses capture content. The company says the camera will stop working if someone covers or modifies the light.
That safeguard helps only bystanders who notice it.
As All About Cookies previously reported, the Cognitive Privacy Project found that people may miss the small LED or mistake it for a Bluetooth indicator. The glasses themselves can also be difficult to distinguish from ordinary eyewear.
Consumer Reports raised the same concern while supporting SB 1130.
“Today, Californians’ fundamental right to privacy is under threat by the growing proliferation of wearable recording technologies,” wrote Matt Schwartz, Consumer Reports Senior Policy Analyst, to the California State Senate.
“It’s not as obvious to tell when a person is using them to record compared to when someone is filming with their phone or a camera,” Justin Brookman, director of technology policy for Consumer Reports, told the Associated Press.
Consumer Reports pointed to real-world cases that show why that matters. One woman realized her technician was wearing smart glasses during a waxing appointment, while another said she was secretly filmed at a gym and later harassed online after the video was uploaded to social media.
Can someone legally record you with smart glasses?
Your protections depend on where you live and what the glasses capture. State law may also treat video and audio differently.
For private conversations, most states follow a one-party consent rule. That generally means someone participating in the conversation can record it without getting your permission.
A smaller group requires everyone involved to consent, although several states have exceptions or different rules for phone and in-person conversations.
Here’s the general breakdown, according to the Reporters Committee for Freedom of the Press:
| Recording rule | States |
| All-party consent generally required | California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington |
| Depends on the type of conversation | Connecticut, Michigan, Missouri, Nevada, Oregon |
| Generally one-party consent | Most other states |
These rules don't mean someone in a one-party state has free rein to secretly film you.
Hidden-camera laws and expectations of privacy can provide additional protections, particularly in places such as bathrooms or changing rooms.
California already requires all parties to consent to recording a confidential conversation. SB 1130 would have added protections specifically aimed at wearable devices, including recording indicators and penalties of up to $1,500 for people who violated its recording provisions. Manufacturers could have faced fines of up to $2,500 for selling noncompliant devices.
What can you do if you think someone is recording you?
If someone is wearing smart glasses around you, look near the front corners of the frames for a recording light. With Meta's glasses, a white LED indicates that the camera is capturing content.
If you discover that someone recorded you in a place where you expected privacy, document what happened. Save any posts, messages, or other evidence if the recording appears online. Depending on your state's laws and what was captured, you may also want to report the incident to law enforcement or seek legal advice.
And if a recording is uploaded to social media, report it to the platform immediately and preserve a copy of the URL and screenshots first. Taking screenshots before reporting can give you a record even if the uploader deletes the post.
SB 1130 would have made one part of this much simpler: Wearable cameras would have had to give you a clear, visible warning. With Newsom's veto, you'll need to stay on your toes.
[1] California Senate Bill 1130
[2] Newsom vetoes measure that would have penalized the use of smart glasses to secretly record people
[3] California Vetoes SB 1130: No Smart Glasses Recording Law