With multiple 'smart glass' developers now marketing their hardware, and with even more 3rd party facial recognition software developers, there won't be any truly effective means to 'opt out'. From early info it appears that individuals will be allowed to 'opt out' of a particular facial characteristics database ... but there could also be many other facial characteristics databases that the individual isn't even aware they are listed in. And of course there is no way to opt out of a state driver's license photo database, which is a matter of 'public record', which some facial recognition software developers are already working with certain states to be able to link to as an adjunct to existing background check search software.Can we opt out of the google glass app now?
Also, the already in use facial recognition software by upscale dep't stores, by city street cams, etc., has already prompted some legal discussions regarding the potential 'regulation' possibilities for 'smart glass' devices / facial recognition software. The common thread legal point involved is a reasonable 'expectation of privacy' ... with the concensus being that people in 'public places' don't have any right to expect privacy. Unfortunately, all businesses which are open to the general public ( including strip clubs ) constitute 'public places'.
Additionally, potential 'regulation' possibilities for 'smart glass' devices / facial recognition software are also limited by the legal concept of the 'public's right to know' ... the same legal principle which allowed sex offender ID databases etc. to be established to allow members of the general public to know that their neighbor / co-worker etc. was once charged with a sex crime, the same legal principle that allows local news media to report arrests, etc. Slippery Slope 301 !
Notably, up until now, Google Glass has really been the only 'mature' smart glass product offering. Google VOLUNTARILY chose to restrict the packaging / bundling of facial recognition software with Google Glass because they did not want a ground-swell of 'controversy' to accompany the initial release of Google Glass for public sale. This voluntary restriction, in combination with Google Glass being the one and only product offering actually available to the general public, effectively postponed the resolution of the legal issues associated with the use of facial recognition software by the general public. However, as Google Glass and other competing 'smart glass' offerings start to proliferate later this year, Google's voluntary restrictions are extremely likely to 'fall by the wayside'.
Privately owned businesses do, however, have a legal right to demand that cameras etc. be left at the door before a person is allowed entry to the premesis. However, where 'glasses' are concerned, it is arguable that the Americans with Disabilities Act might supersede the right of the business owner ... and especially so if the 'smart glass' incorporates prescription eyeglass lenses.
With the non-Google 'integrated smart glass' offerings that are already available from other companies ( see pic in one of my previous posts ), plus this latest announcement that Google's 'smart contact lenses' will be hitting the market in the near future, the task becomes extremely difficult for business owners to identify which customers are coming in the front door equipped with 'stealth' video recording / facial recognition ID capabilities. Could you spot this stuck onto a customer's eyeball ?
Also, camgirls who provide public performances in the form of streamed free video chat have no 'expectation of privacy' whatsoever. While facial recognition software works best with a direct camera image right now, software developers have already made big improvements in the effectiveness of using it on a 'second hand' image. And the evolution of 'True HD' webcam resolutions only makes that job easier.




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