ByeLED is asked about recording law more than almost any other topic. This post is a plain-English (not legal advice) primer on US audio-recording consent law and how it intersects with smart-glasses ownership. State-by-state notes for Delaware, New Jersey, Pennsylvania, and Maryland — the four states ByeLED serves directly.
This is not legal advice. ByeLED is not a law firm and cannot evaluate your specific situation. Consult a qualified attorney in your jurisdiction if you have questions about a specific use case.
The two big concepts
One-party consent
The federal default and the majority US state default. Generally, one party to a conversation can consent to having that conversation recorded. If you are part of the conversation, you can typically lawfully record it without informing other parties — subject to federal and state limits, and assuming you are not in a setting (like a courthouse or hospital) with separate rules.
Two-party (or "all-party") consent
The stricter alternative. Every party to a conversation must consent to the audio recording. Recording without that consent is generally a crime, sometimes a serious one with felony exposure. Civil liability is also typically available to the unconsenting party.
Where the four ByeLED-region states land
| State | Audio recording consent | Notable nuance |
|---|---|---|
| Delaware | One-party | Federal default applies. Most permissive of the four. |
| New Jersey | One-party | NJ wiretap statute mirrors federal one-party consent. |
| Pennsylvania | Two-party (all) | PA Wiretap Act is one of the country's stricter ones. Felony exposure possible. |
| Maryland | Two-party (all) | MD Wiretap Act. Similar to PA. Notable cross-border issue with VA / DC. |
| Federal default | One-party | 18 USC 2511 et seq. |
The video side
Video recording is treated separately and is generally permissive in places where you have a reasonable right to be present. Public streets, public parks, most retail spaces, most workplaces from a customer's standpoint — usually fine to record video. Private homes, locker rooms, bathrooms, medical facilities, secure government areas — not fine, regardless of audio status.
The key thing to remember is that most smart-glasses recording problems happen in audio, not video. The video is usually fine. The audio is what can land you in real legal trouble in a two-party state.
Federal facilities and contractor sites
Many federal and contractor settings prohibit personal recording devices entirely, regardless of state consent rules. SCIFs and other classified spaces, courthouses, certain medical facilities, and most defense contractor sites have explicit rules about cameras and audio recording on premises. The LED modification does not change any of those rules — the device is still subject to whatever the site says about personal cameras.
Common scenarios, in plain English
Recording your own phone call
One-party state: generally lawful. Two-party state: you generally need the other party's consent. The "I'm recording this call" warning at the start of customer-service calls exists because most companies operate across both kinds of states.
Recording a face-to-face conversation
Same answer. If you are in the conversation, the one-party / two-party analysis is what matters.
Recording someone else's conversation you are not part of
Usually unlawful everywhere — that is the original wiretapping concept the statutes were written to address. The person being recorded has a strong claim regardless of state.
Recording in public spaces with audio
Video is usually fine. Audio depends on whether anyone you can hear had a reasonable expectation of privacy. A loud public sidewalk — usually fine. A quiet table at a coffee shop where you can hear a private conversation — risky in any state, criminal in some.
Why this matters for ByeLED's screening
The LED on Ray-Ban Meta exists to tell people they may be recorded. Removing it raises the responsibility level on the wearer. The standard reasons customers cite — clean frame, content work, distraction-free family video, concert attendance — do not raise legal issues at all. The cases ByeLED refuses are stated uses that sound like covert audio recording, particularly in two-party-consent states, or uses that sound non-consensual in any state.
If you have a specific question about your use case, the right move is to ask a lawyer in your jurisdiction. The legal-services world has dropped considerably in cost for one-off questions thanks to platforms like LegalZoom, Rocket Lawyer, and individual attorneys offering hourly consults. For a $300 device and the rest of your life, an hour of an attorney's time is usually money well spent.
For the ByeLED waiver text and legal notices, see the waiver page and legal notices.
FAQ on this topic
Is recording with Ray-Ban Meta legal where I live?
In most US states, video recording in public is generally lawful. Audio recording depends on your state's consent rule. ByeLED is not a legal source — verify your state's current law with an attorney before any sensitive use.
Does the LED removal change the legal analysis?
No. The modification is to the hardware; it does not change recording, wiretapping, consent, harassment, stalking, or privacy laws that apply to you as the user.
What about federal facilities or workplaces?
Those settings often prohibit personal recording devices entirely, regardless of state law and regardless of LED status. Site rules apply.
Does Maryland's two-party rule apply if I drive into DC?
Generally the law of the jurisdiction where the recording occurs applies. DC is one-party consent. Maryland is two-party. Crossing the border can change the analysis — another reason to consult a local attorney.
Published May 10, 2026 · 8 min read · More from the blog