Germany: recording LED on Meta glasses is too hard to see

Full text

Meta's glasses can no longer record if the capture LED is covered at any time, says independent test

But the light is too hard to see if you're not very close, says German data protection agency

EU bodies recommend actively getting full consent from anyone recorded, not assuming it

Detailed testing confirms that the Meta Glasses firmware update, designed to stop a potential privacy problem with surreptitious recording, does what it's supposed to do — but Germany's privacy enforcement agent says it's not enough, because the light itself is insufficiently visible.

The update was designed to address a simple exploit that bypassed the "no recording when the recording light is covered" feature.

In theory, that feature meant that it was impossible to secretly record someone or something by hiding the camera capture LED. The glasses could detect if the light is covered, and wouldn't record if that was the case.

In reality, it was immediately defeated by the kind of people who've helped earn the 'pervert glasses' label for the smart glasses: they discovered that the glasses only checked the light at the very beginning of recording, so you could simply start capturing, cover up the light and keep recording with the light now hidden.

The new update prevents them from doing that by re-checking the light every few seconds — but privacy watchdogs say it doesn't make much difference: even uncovered, the capture light on current models isn't good enough when it comes to privacy, consent or potential illegality.

(Image credit: Future / Cas Kulk) Why a little LED isn't enough to protect other people's privacy

In a detailed report by the Hamburg Commissioner for Data Protection and Freedom of Information, which involved a tear-down of the Ray-Ban Meta glasses and a detailed privacy analysis (via Notebookcheck.net ), the Commissioner found that the LED light "is not easily visible in many environments, particularly outdoors and in direct sunlight". Meaning that even if you're using them as intended, that doesn't mean people can necessarily see (or recognize) the recording light

It's not just the lack of brightness. The beam angle is very narrow too, the report says, and that means you need to be pretty close and looking almost directly at the wearer to be able to see if the light is on.

The report also notes that the second-gen glasses behave differently to the first generation when the wearer asks about something or someone nearby. With the first generation, the LED "glows, very dimly". But in the second generation it doesn't glow at all.

The report argues that in most cases, if you're not recording friends or family only, then you can't assume informed consent. It recommends additional steps such as text notifications or signage, or actively speaking to the people you intend to film.

That ties in with a recent report by the French e-Enfance association, which reported this month that simply assuming someone saw the capture light does not necessarily mean they've consented to the storage, processing and distribution of their image.

A person needs to not only to have seen the light, but they must also understand what it indicates and be able to withhold their consent. And if minors are being filmed, e-Enfance says parents must provide permission.

It's wise to pay attention if you'll be filming in the country: French privacy laws are notably strict, with prison sentences and five-figure fines for deliberately invading someone's private life.

It's worth noting that these reports are based on European law, whereas US law is much more lenient: the US doesn't have the data protection and privacy protections members (and former members, such as the UK) of the European Union have, and its lawmakers are much more tech-friendly.

But no matter where you live, if you're a smart glasses wearer and could be recording others who aren't part of your close circle, it may be wise to ensure you can demonstrate that the people you're filming knew you were doing it, were able to opt out, and provided their consent.

There's a growing backlash against the use of smart glasses by various bad actors , and simply assuming consent, or even assuming that people are aware of what your glasses are doing just because they have a light, may not be enough to protect wearers from future legal consequences.

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