By Stefanie Allison
As court reporters, we pride ourselves on being vigilant and aware of everything happening around us in the courtroom and during depositions. We’re accustomed to observing the details and maintaining control of the room.
But here’s something to consider: Would you recognize smart glasses if an attorney, litigant, witness, or observer were wearing them in your courtroom?
Smart glasses may be convenient and helpful to the wearer, but they can present privacy, security, and fairness concerns in legal proceedings. For official court reporters, unauthorized recording raises questions about courtroom procedures and the distinction between a personal recording and the official transcript.
AI glasses are available in several models, each offering a unique set of features.
The Meta Ray-Ban Gen 3 glasses can capture photos and videos, as well as record conversations and provide real-time translations.
The MemoMind One glasses do not include a camera but can record conversations, translate speech in real time, offer on-screen recommendations, and display text in a teleprompter-style format.
Similarly, the Even Realities Even G2 glasses offer comparable features and can be paired with the Even R1, a wearable ring that, with a discrete touch, allows users to interact with the glasses.
MemoMind One features a small recording indicator light located on the right temple of the glasses, positioned along the side of the wearer’s head, making it relatively inconspicuous. Even Realities G1 glasses do not have a recording indicator light.
In contrast, Meta Ray-Ban glasses feature a more prominent, front-facing flashing light to signal when recording is in progress. Covering the indicator is designed to disable the recording function, although workarounds for this safeguard are readily available online.
The presence, absence, or status of an indicator light does not grant authorization to make an audio or video recording of the proceedings. Permission to record in the courtroom depends on the applicable court rules and the judge’s orders.
It is essential that we stay informed about emerging technologies as they continue to evolve so we can effectively educate our judges and court administrators about the capabilities of AI-enabled glasses, particularly their potential to record privileged conversations and capture protected information within our courtrooms. Understanding how these devices function and the risks they present will help us to preserve the integrity of the court record.
Stefanie Allison, RPR, is an official from Omaha, Neb. She is also a member of the NCRA Technology & Innovation Committee. She can be reached at stefanie@allisonreporting.com.
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