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32 Suffolk U. L. Rev. 729 (1998-1999)
Video Survallance and Privacy: Implications for Wearable Computing

handle is hein.journals/sufflr32 and id is 739 raw text is: Video Surveillance and Privacy: Implications for Wearable Computing The year is 2014, and the wearable computer is a pervasive and critical technological tool that most people depend upon, including you. Your wearable computer, small and unobtrusive, is integrated into your clothing. What distinguishes your wearable computer from the laptop computer you used fifteen years ago? The wearable computer is on and workingfor you all of the time, and it is truly portable because you wear it wherever you go. Your wearable has multiple sensors including a microphone, a video camera, and a Global Positioning System (G.P.S.) that record what you hear, say, and see and help you identify and remember people, places, and things. The wearable computer of 2014, however, is not science fiction, but technology that exists and is in use today. I. INTRODUCTION Typically, technological developments have invaded and eroded privacy rights.' In 1890, Samuel Warren and Louis Brandeis published a seminal privacy article recognizing a common-law right to privacy because they were concerned about increasing invasions of privacy by the press. Warren and Brandeis identified several Nineteenth Century inventions including faster printing presses and instantaneous photographs as sources for invasions of privacy.3 As Warren and Brandeis predicted in their 1890 article, changing electronic surveillance technologies have greatly reduced and changed privacy rights in the last one hundred years.4 The rapid rise and pervasive use of video surveillance technology is arguably one of the most invasive forms of current technology, but the law affords very little protection to privacy rights in this area.5 Similarly, wearable computer users' ability to constantly record their 1. See Ken Gormley, One Hundred Years of Privacy, 1992 Wis. L. REv. 1335, 1350 (1992) (describing invasion of privacy by new technology including faster printing presses and photographs); id. at 1362 (explaining how widespread use of electronic surveillance intruded upon Fourth Amendment privacy); id. at 1396 (discussing creation of fundamental-decision privacy formed by technological changes). 2. See Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 HARV. L. REv. 193, 195 (1890) (discussing need for greater protection of privacy due to invasion by press). 3. See id. (describing inventions that invaded privacy). 4. See infra notes 137-40 and accompanying text (discussing development of electronic surveillance technology). 5. See infra notes 223-35 and accompanying text (discussing diminishing privacy rights and video surveillance technology).

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