Newsom Vetoes Bill Targeting Secret Recording by Smart Glasses
Governor cites overly broad definition and existing privacy laws in rejecting legislation that would have penalized covert recording and required manufacturers to build in recording indicators.
California Gov. Gavin Newsom has vetoed legislation that would have imposed penalties for using smart glasses to secretly record individuals in private spaces and required manufacturers to incorporate visible recording indicators. Newsom stated in his veto letter that the bill's definition of wearable recording devices was too broad, noting that California law already prohibits recording individuals without consent in areas where privacy is expected.
The proposed bill, SB 1130, aimed to address the rapid proliferation of wearable technology like Meta's Ray-Bans, which have seen significant sales growth. State Sen. Eloise Gómez Reyes, the bill's author, argued that the legislation was necessary to protect individual privacy rights in response to technological advancements.
Under the bill, individuals found to be secretly recording would have faced potential prison time or fines up to $1,500. Companies that manufactured devices without compliant recording indicators, starting in 2028, could have been fined up to $2,500. The legislation also sought to ban the sale of accessories designed to obscure a device's recording light or sound.
TechNet, a technology industry group representing companies including Meta, Google, and Amazon, opposed the bill, arguing that it was unfair to businesses and consumers and that existing laws adequately address unlawful recording. Robert Boykin, TechNet's Executive Director, stated that SB 1130 was not the appropriate approach.
Consumer privacy advocates, such as Consumer Reports, supported the bill, highlighting instances where individuals felt uneasy or were victimized by secret recordings made with smart glasses. Justin Brookman, director of technology policy for Consumer Reports, emphasized the difficulty in detecting recordings from smart glasses compared to traditional cameras.
California is among a dozen states that require consent from all parties before recording a conversation. Newsom's veto means that existing privacy laws will continue to govern the use of wearable recording devices in the state, while the debate over regulating emerging technologies persists.