Courts are starting to outright ban so-called smart glasses that can record audio and video from courtrooms. The impulse is understandable but how they are dealing with it could a problem.
The orders have definition problems. They ignore the broader wearable ecosystem: necklaces, AirPods with cameras, smartwatches, even mobile phones. And they miss an even bigger issue: what to do about glasses that can’t record but can feed AI-assisted information to lawyers and witnesses in real time.
Courts have tried this before. Remember when courts issued blanket AI bans on court filings that, read literally, would have prohibited Google and Grammarly?
The answer isn’t more bans. It’s education. An educated judge can ask the right questions, identify when lines are being crossed, and impose meaningful penalties. That’s a better investment of time and energy than knee-jerk orders.
My post for Above the Law.