Smart Glasses Banned in New York Courtrooms: Too Easy to Film Secretly

Starting Monday, July 20, the courts of the state of New York will prohibit smart glasses in all their locations. The ban applies to the 1,240 courts within the state's unified judicial system and covers any eyewear or headgear equipped with a camera or microphone, including prescription versions. Those wearing them must leave them with uniformed officers before entering, even if they are attorneys or court personnel.

The first signs announcing the ban appeared last week on the doors of the Honorable James C. Torney III Criminal Courthouse, as reported by the local publication Syracuse. Visitors are asked to bring a pair of traditional glasses to use inside the building.

Some courts in other states, including Wisconsin and Pennsylvania, already ban smart glasses in their premises, but New York is the first state to impose a widespread prohibition across its territory.

Why the Ban

Filming is not allowed in New York courts anyway. The rules of the state’s unified judicial system are explicit: "it is prohibited to take photographs, shoot videos, or make audio and video recordings, or to conduct audio and video transmissions, inside a courtroom, including the courtroom, offices, or hallways, at any time or occasion, whether or not the court is in session."

Smart glasses make it easier to circumvent this rule discreetly, as there is no need to raise a camera or smartphone to start recording. Most models have a light indicator that shows when recording is in progress, but it can be disabled or removed by someone who consults a modder. This is also why the judicial system chose to ban devices outright rather than rely solely on the light indicator as a deterrent.

The Zuckerberg Precedent

The case that brought more attention to this issue dates back to February when Mark Zuckerberg testified in a jury trial related to a lawsuit about social media addiction. Some of his staff were wearing Meta's Ray-Ban glasses while accompanying him in the courtroom, and the judge admonished everyone not to record the proceedings with those devices. It is unclear whether anyone had actually used them before the warning, but the judge reportedly expressed concern mainly about the possibility of jurors being filmed and identified.

Meta's Ray-Ban glasses, among the most popular on the market, do not take photos or record videos if the system detects that the capture LED is covered. The company has also announced an update that disables the camera when it detects that the LED has been tampered with or physically removed.

An Expanding Ban

The restrictions on smart glasses are not limited to the courts. Royal Caribbean banned them this year in certain areas of its ships, including public bathrooms, children’s program areas, medical spaces, and casinos. MSC Cruises had already introduced a partial ban last year for privacy reasons, while in Illinois, lawmakers are considering adding smart glasses to the list of devices banned while driving, as part of measures against distracted driving.