Publication Date

1-13-2024

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Wearable AI, Artificial intelligence, AI design, Data, Data privacy, Frictions, Privacy, Consent, Notice, LLMs, ChatGPT, Facial recognition, Smart glasses, Bystander privacy, Privacy notice, Surveillance, OpenAI, Informed consent, Boilerplates

Abstract

With the rapid advancement of Artificial Intelligence (“AI”) technology and the widespread availability of large language models (“LLMs”), wearable AI devices and designs for new hardware have surged like never before. While wearable AI was traditionally marketed for health and fitness purposes, many of the emerging products are multifunctional. These features can jeopardize the privacy of bystanders in addition to the consumers. Product designers are thus facing a dilemma: ensuring third-party privacy or guaranteeing convenience and a user-friendly design. This Article argues for mandating “privacy frictions” to function as both bystander notice and consent for wearable AI devices with audiovisual features. Privacy frictions are tangible measures that can put the reasonable bystander on notice. While this human-centered privacy design may impact the users’ experience, it ensures a future where privacy continues to be relevant and valued.

Publication Statement

Copyright held by the authors. User is responsible for all copyright compliance.

Originally published as Takhshid, Zahra, Wearable AI, Bystander Notice, and the Question of Privacy Frictions, 104 B.U. L. REV. (2024).



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