When laws and innovation clash

A couple of days ago, a Google Glass wearer was nearly arrested at an AMC Theatre by the Department of Homeland Security because they suspected him of video taping a movie. An officer asked him to leave the theater and brought him to a group of officers that questioned him “voluntarily” (they said he could be arrested for not cooperating, so he stayed, intimidated). Hours into the event, officers downloaded and went through the photos recorded on his glasses before letting him go.

He was wearing prescription lenses in his Google Glass and didn’t record anything. The theater gave him four free movie tickets and sent him on his way.

Laws lagging behind innovation

This is a story likely to happen more often, not less, as innovation increases in scope and speed. Ubiquitous connectivity and the further spread of smartphones and Internet connected devices (yes, Internet of Things) will create more questions about privacy, the public square, intellectual property, transparency and government responsibility versus intrusion. That’s a big list of challenges for governments that aren’t famous for moving quickly.

Venture Beat recently published a story about a man who filmed a fight taking place on the New Jersey Boardwalk. No one involved realized he was filming because they were too busy trying to catch the fisticuffs.

In a highly publicized case, a California woman beat a ticket for wearing Google Glass just last week. There was a lack of evidence that the glasses were being used and the case was thrown out (California law requires that the device is operating, not simply being worn). In the case of the movie patron, there was not ticket, just an enormous amount of intimidation. In both cases, there needs to be a standard for police behavior that can hold up in the moment and later in court.

Government needs to do more

With the problem accelerating quickly, we need to ask our governments to come up with a strategy for keeping up with innovation. It might involve panels that review innovation and make recommendations to lawmakers for “hot fixes” (like what’s used in technology to patch a problem). Whatever the solution, here’s hoping it comes soon so that innovation isn’t stifled and our civil rights aren’t trampled.