Oregon Smart Glasses Recording Laws (2026)

Yes, smart glasses are legal to own and wear in Oregon, but using them to record audio of any in-person conversation (or a video call) triggers Oregon's strict notice requirement under ORS 165.540(1)(c): every participant must be specifically informed that the conversation is being recorded before recording begins. Video-only recording in public spaces is generally lawful. The audio rule applies the moment you capture spoken words.

Are Smart Glasses Legal to Own and Wear in Oregon?

Smart glasses are legal consumer electronics in Oregon. There is no state law banning ownership or use of devices such as Meta Ray-Ban AI glasses. Oregon does not regulate the device itself.

What Oregon does regulate is what you do with those glasses when they are recording. Specifically, the state's wiretap and eavesdropping statute (ORS 165.540) places firm legal requirements on audio capture. The physical form of the recording device does not matter. The fact that the glasses look like ordinary eyewear does not create any legal exception.

Recording Video in Public vs. Private Spaces

Public spaces: Video-only recording in a public space is generally lawful in Oregon. Streets, sidewalks, parks, shopping centers, and other areas where people are visible to the general public do not give rise to a reasonable expectation of privacy from being seen or filmed. A person walking down a Portland street has no legal right to stop a bystander from filming them.

Private and semi-private spaces: The legal analysis changes as soon as the space creates a reasonable expectation of privacy. Private residences, medical offices, hotel rooms, and similar spaces carry strong privacy expectations. Oregon courts apply the Katz v. United States two-prong test: (1) the person must have a subjective expectation of privacy, and (2) society must recognize that expectation as objectively reasonable.

Hybrid spaces: The hardest cases for smart glasses users are semi-public spaces such as a restaurant booth, an office conference room, a break room, or a one-on-one conversation in a coffee shop. A person in a coffee shop may be visible to passersby, but a quiet conversation at a corner table is still a private communication whose contents the speakers expect to remain private. It is in exactly these hybrid spaces that smart-glasses audio recording creates legal danger.

Prohibited recording of intimate areas: Knowingly recording another person's intimate area without that person's consent, when the person has a reasonable expectation of privacy concerning that area, is a crime under ORS 163.700 regardless of context or device type. Bathrooms, dressing rooms, locker rooms with enclosed changing or shower areas, tanning booths, and similar enclosed spaces are the places the statute names as carrying a reasonable expectation of personal privacy. Treat them as off-limits for smart-glasses recording.

Recording Audio: Oregon's All-Participant Notice Rule for Conversations

This is the critical section for smart glasses users in Oregon.

ORS 165.540(1)(c) makes it unlawful to obtain any part of a conversation "if not all participants in the conversation are specifically informed that their conversation is being obtained." There is no exception for the person doing the recording being a participant. Location matters only narrowly: under ORS 165.540(3), the (1)(c) prohibition does not apply to subscribers or members of their family who record in their own homes. Outside that home exception and the exceptions listed below, the rule applies wherever the conversation takes place.

The practical consequence is straightforward: before you start recording an in-person conversation with your smart glasses, every person in that conversation must know you are recording. The statute uses the word "specifically." General awareness that smart glasses can record is not sufficient. An explicit, contemporaneous disclosure is required.

This is the exact scenario smart glasses create. The glasses look like ordinary eyewear. There is no obvious camera pointed at anyone. The Meta Ray-Ban capture LED is small and may not be visible or understood by a person facing you. Oregon law requires more than a chance for a bystander to notice an LED: it requires that every participant be specifically told the conversation is being recorded.

Why the in-person rule is stricter than the telephone rule: Oregon draws a deliberate distinction between in-person conversations and telephone communications. Under ORS 165.540(1)(a), recording a phone call requires only that one participant consent. You, as the person wearing the glasses and recording the call, are that one participant. You can legally record phone conversations you are part of without telling the other party. That same rule does not apply when you are in the room with someone. In-person conversations receive a higher level of legal protection under Oregon law. Since 2021, ORS 165.535(1) also defines a "conversation" to include a communication occurring through a video conferencing program, so a video call falls under the ORS 165.540(1)(c) notice rule, not the one-party phone rule.

Exceptions that do not apply to most smart glasses use:

ORS 165.540(5) and (6) list several exceptions to the in-person notice requirement:

• Recording a conversation during a felony that endangers human life (subsection (5)(a))
• Recording a conversation in which a law enforcement officer is a participant, while the officer is performing official duties, openly and in plain view, where you lawfully may be (subsection (5)(b))
• Certain law enforcement uses, such as recorded custodial interviews and police vehicle and body-worn cameras (subsections (5)(c) to (e))
• Recording with an unconcealed device at public or semipublic meetings or events, such as government hearings, trials, press conferences, public speeches, rallies, and sporting events, or at regularly scheduled classes (subsection (6)(a)(A) and (B))
• Recording with an unconcealed device at a private meeting or conference if all others involved knew or reasonably should have known that the recording was being made (subsection (6)(a)(C))

These exceptions rarely cover ordinary personal or business use of smart glasses. The public meeting exception covers public proceedings and events, not casual conversations in public spaces. The subsection (6) exceptions require an unconcealed recording device, and the private-meeting exception also requires that everyone knew or reasonably should have known about the recording. Smart glasses worn as ordinary eyewear, with only a small capture LED, are unlikely to meet that standard unless you tell people you are recording.

Phone calls recorded via smart glasses: If you use your smart glasses to record a phone call that you are a party to, Oregon's one-party rule applies under ORS 165.540(1)(a). You may record the call without notifying the other party. The all-participant notice rule does not govern telephone communications, although it does cover video-conferencing calls.

Penalties for Violating Oregon's Recording Law

Criminal: Violating ORS 165.540(1) or (2)(b) is a Class A misdemeanor under ORS 165.540(9). Oregon Class A misdemeanors carry a maximum of 364 days in jail and a fine up to $6,250. A criminal conviction for illegal recording is a matter of public record.

Civil: Oregon's civil damages statute for intercepted communications, ORS 133.739, gives a cause of action to a person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or 133.737, the state's court-ordered interception provisions. Where it applies, it allows:

• Actual damages, but not less than $100 a day for each day of violation or $1,000, whichever is greater
• Punitive damages
• Reasonable attorney fees to the prevailing party, at the court's discretion

The statute's text does not expressly extend this remedy to a private person's violation of ORS 165.540, so do not assume its minimum damages apply to a smart-glasses recording. ORS 133.739(3) states that it does not abrogate any other private civil remedy for invasion of privacy, so a person recorded without notice may still have other civil claims. Any civil exposure exists in addition to, not instead of, the criminal penalty.

Enhanced exposure from the covert nature of smart glasses: Oregon law does not create a separate category for concealed recording devices. However, the covert nature of smart glasses is directly relevant to both criminal intent and civil damages. Recording a conversation while appearing to be wearing ordinary eyewear demonstrates a deliberate choice to avoid providing the required notice. This strengthens both the criminal case and any argument for punitive civil damages.

Constitutional note: Oregon's in-person notice requirement has survived federal constitutional challenge. The Ninth Circuit upheld ORS 165.540(1)(c) en banc in January 2025, and the United States Supreme Court denied certiorari in October 2025. The law is settled and enforceable.

Where You Cannot Record: Voyeurism and Unlawful Surveillance

ORS 163.700 (invasion of personal privacy in the second degree) prohibits knowingly making or recording visual media of another person's intimate areas without consent in any location where the person reasonably expects privacy from visual observation of that area. This includes restrooms, dressing rooms, enclosed locker rooms, tanning booths, and any enclosed space where undressing occurs.

This law applies to smart glasses exactly as it applies to hidden cameras. The fact that the recording device looks like ordinary eyewear is not a defense. It is an aggravating circumstance that demonstrates the recording was intentional and covert.

Penalties under ORS 163.700 and ORS 163.701:

Oregon has two tiers of criminal liability for voyeuristic recording:

• Class A misdemeanor under ORS 163.700 (second degree): knowingly recording intimate areas without consent where the person has a reasonable expectation of personal privacy, or observing another person's nudity for sexual gratification without consent in a private setting.
• Class C felony under ORS 163.701 (first degree): two independent paths. ORS 163.701(1)(a) makes recording another person's nudity without consent in a location where the person has a reasonable expectation of personal privacy a first-degree offense directly, with no prior conviction required. ORS 163.701(1)(b) separately elevates any violation of ORS 163.700 to first-degree status when the person has a prior conviction for invasion of personal privacy in any degree, public indecency, private indecency, or a sex crime.

A person who records another person in a state of nudity with smart glasses in a locker room or restroom faces a Class C felony on the first offense under ORS 163.701(1)(a), not merely a misdemeanor. The court may also designate a first-degree conviction as a sex crime requiring registration and reporting under ORS 163A.005 if the circumstances warrant it. The device form factor does not change this analysis.

Facial Recognition and Biometric Privacy

Oregon does not have a standalone biometric privacy statute comparable to Illinois BIPA (740 ILCS 14) or Texas CUBI (Tex. Bus. & Com. Code § 503.001). If you are in Oregon and use smart glasses with facial recognition software, you are not subject to a state-specific biometric consent statute.

However, if you are using facial recognition in a context that reaches across state lines, or if your application collects and stores biometric data in a state with a biometric privacy law, those laws may apply to you. Illinois BIPA, in particular, has been applied broadly to data collected outside Illinois when the data subject is an Illinois resident.

Oregon's Consumer Privacy Act (ORS 646A.570 et seq.), effective July 1, 2024, creates rights for consumers related to their personal data. Facial geometry or biometric data collected by a commercial smart glasses application for the purpose of identifying individuals may qualify as sensitive personal data under the Oregon Consumer Privacy Act, triggering disclosure and consent obligations. This is a developing area of law and legal counsel should be consulted for commercial applications.

The I-XRAY demonstration in October 2024, in which Harvard students used Meta Ray-Ban glasses combined with facial recognition software to identify strangers on the street in real time, illustrates exactly the kind of use case that raises biometric and privacy concerns under both state and federal law.

Practical Tips for Oregon Smart Glasses Users

For in-person conversations:

• Before starting any recording, clearly state out loud: "I am recording this conversation." Do not rely on the capture LED or any assumption that the other person noticed the glasses.
• In business contexts, consider a written disclosure or a pre-meeting statement if recording is anticipated. Written consent is stronger than oral notice.
• If anyone objects to being recorded, stop immediately. Continuing after an objection is both criminal and strong evidence of intent for civil purposes.

For phone calls:

• You may record phone calls you are a party to without disclosure to the other party under Oregon's one-party rule. However, if the other party is in a two-party consent state such as California, Washington, or Florida, the stricter state's law governs. Err toward disclosure for interstate calls.

The capture LED is not a legal substitute for notice:

Meta's official guidance states that users should "let that capture LED light shine" and stop recording if anyone objects. The LED is designed as a courtesy notice mechanism. Under ORS 165.540(1)(c), it does not satisfy the "specifically informed" requirement. Oregon law requires explicit, affirmative notice to each participant, not a small LED that may go unnoticed.

Avoid recording in private spaces:

Never use smart glasses to record in restrooms, locker rooms, changing areas, or any space where a person reasonably expects privacy from being seen. The penalty risk ranges from a Class A misdemeanor to a Class C felony with sex offender registration. No use case justifies this exposure.

Personal and business use:

If you wear smart glasses regularly, develop a consistent practice of announcing recording before it starts. This is the simplest and most effective way to stay compliant with Oregon law. Most people, when told they are being recorded and given the chance to object, will either consent or make clear they do not want to be recorded. Either outcome gives you a clear legal path forward.

More Oregon Laws

• Oregon Data Privacy Laws
• Oregon Deepfake Laws
• Oregon Drone Laws
• Oregon Recording Laws

Frequently Asked Questions

Can I record a conversation with smart glasses in Oregon?

For in-person conversations and video-conferencing calls, Oregon law requires that all participants be specifically informed before recording begins (ORS 165.540(1)(c)). If you clearly announce you are recording and no one objects, you may record. For phone calls, Oregon is one-party consent: you can record a call you are part of without notifying the other party.

What happens if I record someone without telling them in Oregon?

Violating ORS 165.540 is a Class A misdemeanor, punishable by up to 364 days in jail and a fine up to $6,250. The person recorded may also have civil claims for invasion of privacy. Oregon's statutory damages provision for intercepted communications, ORS 133.739, is written for violations of ORS 133.724 or 133.737, so its minimum damages may not apply to a private recording.

Does Oregon's recording law apply to smart glasses specifically?

Oregon's recording statute (ORS 165.540) applies to the act of obtaining a conversation, regardless of the device used. There is no smart-glasses exception. The covert appearance of smart glasses, which look like ordinary eyewear, does not create any legal protection and in fact demonstrates deliberate avoidance of the notice requirement.

Is the Meta Ray-Ban capture LED enough to satisfy Oregon's notice rule?

No. Oregon ORS 165.540(1)(c) requires that all participants be specifically informed that recording is occurring. A small indicator light on a pair of glasses does not constitute specific informing of each participant. You must verbally or in writing tell everyone in the conversation that you are recording.

Can I record a phone call using my smart glasses in Oregon?

Yes. Oregon is one-party consent for telephone and radio communications under ORS 165.540(1)(a). Video calls made through a video conferencing program are different: ORS 165.535(1) treats them as conversations, so every participant must be specifically informed. If you are a party to the phone call and the call is being recorded through your glasses, you do not need to notify the other party, provided the other party is not in a stricter state. For calls where the other party is in California, Washington, Florida, or another all-party consent state, disclose to be safe.

What is the penalty for voyeurism with smart glasses in Oregon?

Recording a person in a state of nudity without consent in a location where they expect privacy, such as a restroom or locker room, is a Class C felony under ORS 163.701(1)(a) on the first offense, not merely a misdemeanor. ORS 163.700 (Class A misdemeanor) covers related voyeurism conduct, including recording of intimate areas that fall short of nudity, but ORS 163.701(1)(a) applies directly when nudity is recorded without consent in a private setting, with no prior conviction required. A Class C felony conviction can result in sex offender registration if the court finds the circumstances warrant it. The covert appearance of smart glasses does not reduce the penalty.

Does Oregon have a biometric privacy law covering smart glasses facial recognition?

Oregon does not have a standalone biometric consent statute like Illinois BIPA. However, Oregon's Consumer Privacy Act (effective July 1, 2024) may apply to commercial applications that collect facial geometry as sensitive personal data. If you are using facial recognition commercially, consult an attorney about your obligations under the Oregon Consumer Privacy Act and any applicable laws in the states where data subjects reside.

Can I record police officers with smart glasses in Oregon?

Yes. ORS 165.540(5)(b) includes an exception for recording a conversation with a law enforcement officer who is performing official duties, if the recording is made openly and in plain view and you are in a place where you lawfully may be. You may record a police officer openly when you are lawfully present. This exception does not extend to recording private conversations of civilians without notice.