Is Technology Advancing Too Fast for Legislative Comfort?

By: Megan Conravey 

Technology is always evolving to make our lives easier.  We merge complicated tech knowledge to gain access to the world in quicker, easier, and more convenient ways. While advancements in technology create excitement for our everyday lives, they also create setbacks when we try to integrate these new toys into normal tasks. One of the newest tech toys to be released is Google Glass, a piece of discrete technology that promises to transform our view of life and interactions.

What is Google Glass? There is so much buzz about this new invention, but in reality, what effect will it actually have on our lives? In short, Glass is a computerized device that allows users to display access to the Internet right before their own two eyes. [1] Glass is wearable technology that also allows the user to capture and share the world they see straight from their eyewear.[2]  With smartphone integration and natural-language voice commands, Glass aims to transform the way we use technology.[3]

Glass allows a new way of looking at the world.  It is extremely innovative and offers many advantages—especially for those people who do not have the opportunity to experience the world through first-hand adventure.  For example, the Glass website tells the story of a paralyzed woman who can now interact with the world and see it as if through her own eyes.[4]  Many individuals using this technology, however, will attempt to interact with not only the networking world, but also the world around them simultaneously.  To these individuals, Glass offers a new way of ignoring the world around us. With the Internet projected right before our eyes, we can move seamlessly through many everyday activities while immersing ourselves in experiences that are a world away.

While ignorance may be bliss, some activities still require our full attention. Accordingly, several states are in the process of enacting legislation to restrict certain uses of the technology.[5]  One of these enactments involves the use of this technology while driving a car. [6]  West Virginia has moved to amend legislation to include “wearable computer with a head mounted display” within those actions prohibited while driving.[7]  Forty-one states use similar language that would lump the use of Glass and like devices in with the use of text messaging while driving.[8]  West Virginia’s amendment to the law would be consistent with its practice that also bans Mercedes Dual-Front Video Display—concern for distraction for the driver is paramount.[9]

According to the American Bar Association, a San Diego resident was cited for wearing Google Glass when she was pulled over for speeding.[10]  Cecilia Abadie, the woman cited for the violation, claims she fought the charge to set a precedent for those who wish to use Google Glass and similar technologies in this new technology age.[11]  Abadie beat the charge because there was no evidence that she had Glass activated during her drive.[12]

Cecilia’s case—one in which a driver is wearing technology such as Google Glass but claims she is not using it during her drive—presents one of the difficulties in enforcing legislation to restrict our increasingly stealthy technological efforts.  With the newest marketing push, Google Glass has moved to make its merchandise look more like fashionable eyewear.[13]  The ability to make these devices more invisible to the casual observer makes it easier to use them in contravention of any law that may be established restricting their use.

Some proposed solutions include vehicle integration, much like what is currently done with smartphones.[14]  Google, however, is fighting back against the restrictions, arguing that Glass may be relatively safe for the roads.[15]  The argument advanced by Google involves a distinction between distraction and access.[16]  Google argues that Glass is not meant to distract, only to provide a connection to the world at large.[17]  Further, the technology is not widely available yet, so the impact, according to Google, cannot yet be known.[18]  Google has, however, gained some support for its safety efforts in its use by the NYPD, but the future of the product remains unclear.[19]

Legislation is still in its preliminary phases in most jurisdictions, and the trick will be deciding how much decision to leave up to the consumer of this product.  The early worries about the impacts of this technology are not unwarranted, but what do these preliminary legislative attempts say about the faith in American consumers?  Are legislators too early to restrict this technology that may not impede road safety, or is early restriction a safer bet? The use of personal technology is important to our every day lives, but the overriding decision may come down to the impact this particular technology and the restrictions at issue may have on the public and public safety at large.