The Kodak Fiends Are Back
In 1888 the camera hid in a waistcoat button; in 2026 it sits on a face with a small warning light, and that light decides for itself what counts as watching.
Wren and Theo · 22 min · 13 Oct 2026
Verified to the FactUnion StandardChecked 13 Oct 2026
About this episode
In the late 1880s a new kind of pocket camera set off a panic: strangers photographed on beaches and promenades, sometimes with lenses disguised as buttons. That panic helped give us the legal idea of privacy. It never gave us a right not to be photographed. In autumn 2026, with hundreds of Dutch women and girls filmed in secret with Meta glasses, retailers pulling stock and Norway proposing a ban, the main protection for bystanders is a small LED. Hamburg's data regulator took it outside and tested it.
Wren and Theo follow the line from Abigail Roberson's face on twenty-five thousand flour posters to a light that dims, or stays dark, when the glasses' AI looks at the world. They also hear from the blind and low-vision people who call these glasses life-changing and fear being shut out by bans. Meta's explanation for the LED behaviour during AI queries was not in our research; we have asked Meta for comment.
Hosted by Wren and Theo, performed by synthetic voices. Verified to the FactUnion Standard. Supported by ShotBreak.
Fact sheet
Every fact used in this episode, with the source it was checked against. Download the fact sheet
208 of 208 recorded lines matched the checked script.
In their 1890 Harvard Law Review essay 'The Right to Privacy', Samuel Warren and Louis Brandeis named "instantaneous photographs" and newspaper enterprise as inventions that had invaded "the sacred precincts of private and domestic life".
Warren and Brandeis, "The Right to Privacy"The Right to Privacy | Louis D. Brandeis School of Law LibraryThe Right to Privacy Author(s): Samuel D. Warren and Louis D. Brandeis Source: Harvard Law
The Victorian Stirn waistcoat (vest) detective camera had its lens poking through a buttonhole, designed to look like a button, and its shutter was released by pulling a string, so it could be used concealed.
Victorians poked fun at the first instantaneous hidden cameras – National Science and MediStirn’s Buttonhole Camera | International Spy MuseumPhotographic camera | Museum of Cinema
In the late 1880s and 1890s hand-held cameras caused widespread anxiety about people being photographed without consent, including at beach resorts.
How the Rise of the Camera Launched a Fight to Protect Gilded Age Americans' Privacy‘The gentlest of predations’: Photography and privacy lawPaul Martin | Street Snapshots and Night Photography in 1890s London | Photo Coordinates
Abigail Roberson, a Rochester teenager, sued Franklin Mills Flour and Rochester Folding Box Co. in 1900 after her portrait was printed without her consent on 25,000 advertising posters.
How a Girl's Stolen Photo Sparked a Battle Over Image Rights | HISTORYRoberson v. Rochester Folding Box Co9 Bedell 538 (4 citations) :: Abigail M. Roberson, an Infant, by Margaret E. Bell, Her Gua
In 1902 the New York Court of Appeals ruled against Roberson, holding that no legal right to privacy existed.
Roberson v. Rochester Folding Box CoRoberson v. Rochester Folding Box CoRoberson v. Rochester Folding Box Co. (Roberson v. Rochester Folding Box Co., 171 N. Y. 53
After public outcry over the Roberson decision, New York passed a 1903 statute, now Civil Rights Law sections 50 and 51, banning use of a person's likeness for trade or advertising without consent.
The Birth of Privacy Law: A Century Since Warren and BrandeisA Historical Retrospective on New York’s Right of Privacy Law: 115 Years of New York CourtPrivacy Tort Law in New York: Some Existing Routes to Recovery
In 1905 the Supreme Court of Georgia, in Pavesich v. New England Life Insurance Co., became the first state high court to recognise a common-law right to privacy.
The Birth of Privacy Law: A Century Since Warren and BrandeisPavesich v. New England Life Insurance CompanyGouldman-Taber Pontiac, Inc. v. Zerbst
New York's Civil Rights Law sections 50 and 51 are strictly limited to nonconsensual commercial appropriation of a living person's name, portrait or picture and give no general right to be free from being photographed in public.
Privacy from Photography: Is There a Right Not To Be Photographed Under New York State LawUSCOA, 2 No. 170 Jamie Messenger, an Infant Under the Age of Eighteen v. Gruner + Jahr PriPrivacy Tort Law in New York: Some Existing Routes to Recovery
Abigail Roberson later became a music teacher, played piano in silent-movie theatres and lectured on spiritualism, and she died in Oregon in 1977.
How a young Rochester woman lost a privacy battle but won a warHow a Girl’s Stolen Photo Sparked a Battle Over Image Rights | HISTORY
On 1 October 2026 NL Times reported that hundreds, possibly thousands, of Dutch women and girls had been secretly filmed with Meta glasses, with the footage circulating on Telegram groups and websites.
Hundreds of Dutch women, girls filmed with Meta glasses on creep sites; Lawsuit planned | Meta smart glasses pulled by Dutch retailer over filming claims | CybernewsNederlandse vrouwen achtervolgd en lastiggevallen op stranden en stations: AI-bril uit ver
The Dutch newspaper AD first reported the secret filming of women with Meta glasses, and the eyewear chain Hans Anders then stopped selling Ray-Ban Meta glasses in the Netherlands and Belgium.
Dutch eyewear chain Hans Anders stops selling Meta's Ray-Ban glassesHans Anders verwijdert Meta-bril uit alle winkels, ook ziekenhuizen en defensie grijpen inOptikerkedja stoppar Metas glasögon – Meta har till 13 oktober - Dagens PS
The Dutch online retailer Wehkamp also stopped selling Meta's camera glasses in early October 2026.
Wehkamp en Hans Anders stoppen met verkoop Meta-camerabril - GadgetGear.nlWehkamp per direct gestopt met verkoop van Meta-camerabrillen - Security.NLWehkamp haalt Meta-camerabrillen per direct uit verkoop door privacyzorgen - Tweakers
The Dutch consumer group Consumentenbond and the organisation Offlimits threatened legal action against Meta unless the glasses are modified or withdrawn.
Dutch retailers suspend Meta smart glasses sales amid privacy concerns | Digital Watch ObsAmsterdam, 29 September 2026Consumentenbond, Offlimits en The Firewall slepen Meta voor rechter om gluurbril - Tweaker
On 5 October 2026 Norway's Minister of Digitalisation and Public Governance, Torgeir Micaelsen, announced that the government will propose a temporary ban on AI glasses and submit a bill to the Storting as soon as possible.
Vil innføre midlertidig forbud mot KI-briller - regjeringen.noNorway to propose temporary ban on AI glasses in some public places | ReutersNorway to temporarily ban AI glasses in some public places
Norway's proposed ban would apply in listed places including parks, beaches, museums, shopping centres, schools, kindergartens, playgrounds, youth clubs, healthcare facilities and gyms with changing rooms, while private use stays permitted.
Norway plans temporary ban on smart glasses in some public places | The GuardianPrivacy concerns put smart glasses under scrutiny as Norway seeks temporary banNorway's Proposed AI Glasses Ban Lists the Places First and Leaves the Device Definition O
Norway's proposal names the places first and leaves the definition of which devices are covered still to be worked out.
Norway's Proposed AI Glasses Ban Lists the Places First and Leaves the Device Definition ONorway AI Glasses Ban: What the Proposal Covers (2026)Government wants to ban AI glasses in parks, schools and…
The New York Unified Court System banned smart glasses in courthouses from 20 July 2026, and on 12 October 2026 Sutherland Shire Council in Australia voted unanimously to restrict smart glasses in its facilities, including libraries and leisure centres.
Smart glasses privacy concerns grow: Norway, Australia, UK and US curb Meta Ray-Ban use | M E M O R A N D U M July 1, 2026New York to ban smart glasses from all courthouses - syracuse.com
EssilorLuxottica sold seven million pairs of Meta's smart glasses in 2025.
'I'm not spying': how Meta's smartglasses have divided opinion | The GuardianRay-Ban maker EssilorLuxottica triples sales of Meta AI glassesMeta Sold Over 7 Million Smart Glasses Last Year, Effectively Tripling Sales in 2025 Alone
The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) published its final report on Ray-Ban Meta AI glasses on 10 September 2026, finding the recording LED often invisible in sunlight, narrow in beam angle, and effective only for people close by and looking directly at the glasses.
HmbBfDI Abschlussbericht Ray-Ban Meta AI Glasses (EN)Ray-Ban Meta AI Glasses - HmbBfDI legt technischen und datenschutzrechtlichen Prüfbericht Hamburg Report: Ray-Ban Meta Glasses and the Wearer's Risk | Recording Law
The HmbBfDI report found that when the wearer uses Meta AI to ask about their surroundings, the LED glows only dimly on first-generation glasses and not at all on second-generation glasses.
Meta fixed the capture LED, but it still failed testing in HamburgHmbBfDI Prüfbericht Ray-Ban Meta AI Glasses
The HmbBfDI tested first-generation glasses and found that stickers could block the LED while letting enough ambient light reach the sensor to get past the camera shutdown.
HmbBfDI Abschlussbericht Ray-Ban Meta AI Glasses (EN)HmbBfDI Prüfbericht Ray-Ban Meta AI GlassesHamburg Says Ray-Ban Meta Glasses Fail Bystander Privacy. AI Training Too. - MetaverseWatc
On 10 September 2026 the Consumentenbond reported that specially designed stickers let it cover the LED and keep filming, under a headline saying the camera glasses can film secretly despite updates.
Camerabril kan stiekem filmen (Consumentenbond)Camerabril gevaar voor de privacyConsumentenbond wil verbod op filmende ‘gluurbril’ van Meta | de Volkskrant
Meta's firmware v128, available from early September 2026, checks continuously and stops recording within seconds if the LED is covered, yet the glasses still failed Hamburg's testing.
Meta fixed the capture LED, but it still failed testing in HamburgMeta Finally Closes Covert Surveillance Bypass On Smart Glasses (Tested) (Public Report)Metas Aufnahme-LED ist repariert und trotzdem durchgefallen - Notebookcheck News
The HmbBfDI found empty database tables in Meta's companion app suggesting potential for facial recognition, but concluded that no such feature is currently active.
HmbBfDI Abschlussbericht Ray-Ban Meta AI Glasses (EN)Hamburg Report: Ray-Ban Meta Glasses and the Wearer's Risk | Recording LawHmbBfDI Prüfbericht Ray-Ban Meta AI Glasses
In October 2024 Harvard students AnhPhu Nguyen and Caine Ardayfio demonstrated I-XRAY, which linked the glasses' Instagram livestream to facial recognition and public databases to identify strangers and retrieve their personal information in real time.
College students used Meta's smart glasses to dox people in real time | The VergeHow two Harvard students created doxing glasses as a ‘tool for good’Harvard students show how smart glasses can be used to get your personal info with a glanc
Khadija Raza of the Royal National Institute of Blind People warned that bans on smart glasses leave blind and partially sighted people feeling excluded from society.
Blind and visually impaired people fear smart glasses backlash - BBC NewsBlind and visually impaired people fear smart glasses backlash
Chris Edwards of Vision Australia and former disability discrimination commissioner Graeme Innes described the glasses as life-changing, with Edwards citing hands-free AI help for navigation, reading and tasks that previously needed human assistance.
Smart glasses 'life-changing' for blind and deaf people, despite concernsSmart glasses as an accessibility aid - ABC listen
Damian Papps of the advocacy group See Differently argues that governments should regulate misuse of footage rather than ban the hardware.
Major oversight as Australia considers world-leading smart glasses ban: 'Wrong approach'Major oversight as Australia considers world-leading smart glasses ban: 'Wrong approach' -Smart Glasses 👓 Punish misuse. Protect Privacy. Promote Independence.
Optometrist Aled Brassington and Dr Alastair Forbes argue that banning the glasses is disproportionate, noting that smartphones and CCTV already capture public footage without similar stigma.
Smart glasses controversy sidelines the benefits for…Debate Over Smart Glasses Overshadows Their Advantages for Individuals with Disabilities |
