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woody weaver
Frederick, MD
information security architect
Recent Activity
I live in one of those 'all consent' states. State law says
"Except as otherwise specifically provided in this subtitle it is unlawful for any person to: (1) Wilfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;"
Google glass seems to be capturing oral conversations, so this would seem to apply. The escape clause:
"(3) It is lawful under this subtitle for a person to intercept a wire, oral, or electronic communication where the person is a party to the communication and where all of the parties to the communication have given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State."
But it is google glass. I'd have to be living in a cave to not know that when some geek comes up to me with a heavy bar over his right eyepiece and earbuds tucked in that he's recording things. As long as he doesn't try to blackmail me with it, I'd suggest he has a good argument that I consented. If I don't consent, I can ask him to turn it off or leave -- consider http://www.abajournal.com/news/article/restaurant_ejects_diner_who_insisted_on_wearing_google_glass1/ -- I think there is a reasonable perspective that such things are inappropriate in ordinary public surroundings where people are trying to relax.
But surely this isn't new. When I'm at a child's softball game and some parent is going nuts with his video camera, aren't we in the same situation? Don't we tolerate it without invoking Federal wiretap?
Potential Liability for Recording Conversations by Google Glass
by Paul Alan Levy Scott Cleland’s weekly anti-Google rant raises the question whether Google’s recording of conversations through Google Glass, and Google’s use of those recordings as a source of data for its commercial operations, might run afoul of federal wire-tapping laws that require consen...
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Dec 9, 2013
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