California Governor Vetoes 'Pervert Glasses' Recording Ban

California Governor Gavin Newsom vetoed Assembly Bill 1967 on October 7, 2023, preventing a ban on the use of wearable devices equipped with cameras and microphones for the secret recording of individuals in public spaces. The bill, introduced by Assemblymember Rebecca Bauer-Kahan, aimed to address concerns about privacy violations stemming from the discreet recording capabilities of modern wearable technology, often referred to colloquially as 'pervert glasses.' The legislation sought to establish a new misdemeanor offense for individuals who knowingly used such devices to record or broadcast someone in a private place without their consent, or in a public place where there was a reasonable expectation of privacy. This included prohibitions against recording individuals in places like restrooms, locker rooms, or changing rooms, and extended to capturing intimate images or videos without consent. The bill specifically targeted the use of devices that could be worn discreetly, such as smart glasses or other head-mounted cameras, which could capture audio and video without the subject's knowledge or consent. Supporters of the bill argued that it was a necessary step to protect citizens from invasive surveillance and potential exploitation, citing the increasing prevalence of sophisticated recording technology. They emphasized that the measure was not intended to hinder legitimate uses of technology but to prevent malicious or surreptitious recording that infringes upon personal privacy. However, Governor Newsom's office stated that the bill, as written, was too broad and could inadvertently criminalize legitimate activities, such as journalists or law enforcement officers using wearable cameras for their work, or individuals using devices for accessibility or safety purposes. The veto message indicated that while the intent to protect privacy was valid, the legislative language did not adequately distinguish between harmful and benign uses of the technology. The governor suggested that a more narrowly tailored approach might be necessary to achieve the desired privacy protections without unduly restricting lawful conduct. The veto means that existing privacy laws will continue to govern the use of recording devices in California, and the specific prohibition against 'pervert glasses' as defined by the bill will not be enacted. This decision highlights the ongoing tension between technological advancement and the protection of individual privacy, and the challenges lawmakers face in crafting legislation that keeps pace with evolving technologies. The debate surrounding the bill also underscored the importance of public discourse on digital privacy and the ethical implications of pervasive surveillance technologies.