The Supreme Court has itself to blame for the surreptitious recordings of court proceedings that have surfaced in the past year, some lawmakers say.

The lawmakers, who have advocated for greater court transparency, do not condone the protesters who captured the video, but say the court’s strict ban on any legitimate recording during oral arguments has encouraged it.

“I think it underscores the nature of the problem that people are going to try to go underground, and technology increasingly allows that, precisely because of the absence of openness and transparency,” Rep. Gerry Connolly (D-Va.) told The Hill.

“If you put cameras in the court, it would obviate the attractiveness of the alternative, which is surreptitious videotaping,” he added.