By: Meg Cotter
Mojo Vision’s smart contact lenses are not your typical vision correction aids. They are equipped with cutting-edge technology, including sensors, wireless connectivity, and data processing capabilities, turning your eyeballs into augmented reality (AR) displays. Through their use, people may access a wealth of information in real-time, from navigation assistance to biometric data monitoring, all without lifting a finger. However, though this may be exciting in theory, concerns arise as to what integrating such advanced technology could mean. Various legal concerns relating to privacy, data security, intellectual property and healthcare regulations are implicated in the rise of these smart lenses.
The lenses themselves are being compared to Google Glass. Google Glass was a smart technology that, though receiving significant hype and excitement, was met with significant privacy and safety concerns. Its demise suggested that people weren’t quite ready to have their lives uploaded to servers. The idea behind the AR devices originally developed by Google was rooted in the desire for the computer to fade away as a noticeable physical entity. Sundar Pichai, the current Google CEO, discussed in 2016 that “[o]ver time, the computer itself will [instead] be an intelligent assistant helping you through your day.”
The lenses themselves can show text, basic graphics and illustrations related to what the user needs. Its functioning is compared to a smart watch. Images and Notifications can pop up, such as fitness data, uber ride info, and flight gates. The lenses move as your eyes move and in, and the display is meant to sit right on top of where your pupil is. Glancing back and forth from “ring” to “ring” in the lenses is like closing an app and opening a new one. There is significant work to be done to make the product an actual product according to SVP of Product, Steve Sinclair. Those at the company will be the people who are testing these products.
One of the major concerns regarding smart contact lenses is privacy. These lenses, as they can see what we see and more, have the potential to capture endless amounts of personal data, from secured information to the user’s personal habits. Smart lenses represent the type of technology that may be helpful for the consumer but also is capable of constantly gathering data and information way beyond the user’s knowledge. Smart lenses will be able to gather and store data about the intimate details of anyone’s life. All this information could be taken advantage of by cybercriminals and just by the companies wishing to market to a consumer. The constant stream of data generated by these lenses could present opportunities for misuse, whether through unauthorized access by third parties or exploitation by the companies themselves.
In addition, there is a threat of cybersecurity implicated with these smart contact lenses as they rely on wireless communication to function, These lenses being on a person, inside of their body through the eyeballs, is a new type of vulnerability. Unauthorized access to these lenses could compromise not only the user’s privacy but also their safety. Smart lenses can and will open up a new world to cybercriminals. Ensuring the security of the data transmitted and stored by these lenses will be paramount in mitigating these risks.
The development of these enhanced lenses involves and will involve numerous technological innovations, from the miniature sensors embedded within the lenses to the software algorithms powering their AR capabilities. Protecting the intellectual property rights associated with these innovations will be crucial for fostering continued innovation in this field. Companies like Mojo Vision will need to navigate the complex landscape of patents, trademarks, and trade secrets to safeguard their investments in research and development.
Regarding Healthcare Regulations, smart contact lenses combine consumer electronics with a medical device. Thus, they would be subject to healthcare regulations. Ensuring compliance with regulations governing the safety and efficacy of medical devices will be essential for Mojo Vision and other companies in this space. Additionally, the potential health impacts of prolonged use of smart contact lenses, such as eye strain or infection, will need to be carefully monitored and addressed. In 2020, Mojo Vision announced that it had received a ‘Breakthrough Device Designation’ from the FDA, which signifies the technology’s potential to significantly impact health care.
As Mojo Vision’s smart contact lenses move from the realm of idea to commercial reality, the legal landscape surrounding this technology will undoubtedly evolve. Stakeholders, including lawmakers, regulators, and industry players, will need to collaborate to address the challenges posed by this innovative technology. By proactively addressing privacy concerns, bolstering data security measures, protecting intellectual property rights, and ensuring compliance with healthcare regulations, we can unlock the full potential of smart contact lenses while safeguarding the rights and well-being of users.
Though it is questionable whether society will meet this technology with open arms after condemning its potential in 2014, the development of these lenses could lead to new opportunities as well as new legal ground to pave. Current laws in place are not equipped to deal with this type of technology, creating a gap between the technology of smart lenses and the practical applications and concerns posed by them. This technology will likely face many hurdles to jump through.
Student Bio: Meg Cotter is a 2L at Suffolk University Law School. She is a staff writer on the Journal of High Technology Law. She received a Bachelor of Arts Degree in English & Textual Studies from Syracuse University.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
