Domestic Drones

U.S. law enforcement is greatly expanding its use of domestic drones for surveillance. Routine aerial surveillance would profoundly change the character of public life in America. Rules must be put in place to ensure that we can enjoy the benefits of this new technology without bringing us closer to a “surveillance society” in which our every move is monitored, tracked, recorded, and scrutinized by the government. Drone manufacturers are also considering offering police the option of arming these remote-controlled aircraft with (nonlethal for now) weapons like rubber bullets, Tasers, and tear gas. Read the ACLU’s full report on domestic drones here. 

Numerous states are considering (and some have passed) legislation regulating the use of drones. You can see a chart summarizing the developments around the country here. Congress has ordered the Federal Aviation Administration to change airspace rules to make it much easier for police nationwide to use domestic drones, but the law does not include badly needed privacy protections. The ACLU recommends the following safeguards:

USAGE LIMITS: Drones should be deployed by law enforcement only with a warrant, in an emergency, or when there are specific and articulable grounds to believe that the drone will collect evidence relating to a specific criminal act.

DATA RETENTION: Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation or trial.

POLICY: Usage policy on domestic drones should be decided by the public’s representatives, not by police departments, and the policies should be clear, written, and open to the public.

ABUSE PREVENTION & ACCOUNTABILITY: Use of domestic drones should be subject to open audits and proper oversight to prevent misuse.

WEAPONS: Domestic drones should not be equipped with lethal or non-lethal weapons.

Click here for information on the U.S. government’s use of drones overseas for targeted killings.

Even Amidst a Host of Congressional Priorities, Drones Makes the Cut

Even Amidst a Host of Congressional Priorities, Drones Makes the Cut

By Sandra Fulton, ACLU Washington Legislative Office at 12:00am
While Congress has been considering the idea of regulating domestic drone use for some time, yesterday kicked off the debate in earnest when Sen. Patrick Leahy (D-Vt.) called a hearing in the Senate Judiciary Committee on "The Future of Drones in America: Law Enforcement and Privacy." Considering everything the committee has on its plate right now—from immigration reform to gun regulations—the fact that the senators prioritized this hearing underscores how important and timely they believe the issue is, and how much impact drones have had on the American psyche.
Drones: The Nightmare Scenario

Drones: The Nightmare Scenario

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 12:05pm

In our drones report, we discuss the coming onslaught of domestic drones and the weak state of the privacy laws that should protect us, and we outline our recommendations for protections that Congress and local governments should put in place.

But…

New Eyes in the Sky: Protecting Privacy from Domestic Drone Surveillance

New Eyes in the Sky: Protecting Privacy from Domestic Drone Surveillance

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 10:32am

Unmanned Aerial Vehicles – UAV’s or “drones” as they are called – are on the way. Just this week the Los Angeles Times reported that Customs and Border Patrol agency has been lending their Predator drones to law enforcement…

Five Reasons Why the Courts Aren’t Enough to Ensure Drone Privacy

Five Reasons Why the Courts Aren’t Enough to Ensure Drone Privacy

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 12:07pm

Yesterday the drone regulation bill in the Washington state legislature died, having failed to meet the cutoff date for moving to the House floor. Although our lobbyist there thought the bill would have passed both houses had the Democratic leadership…

New Documents Reveal U.S. Marshals’ Drones Experiment, Underscoring Need for Government Transparency

New Documents Reveal U.S. Marshals’ Drones Experiment, Underscoring Need for Government Transparency

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 8:12am

The use of surveillance drones is growing rapidly in the United States...

Florida Poised to Become First State to Regulate Surveillance Drones

Florida Poised to Become First State to Regulate Surveillance Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 12:23pm

State legislatures around the country are gearing up to take action on domestic surveillance drones. Maine has a bill introduced, as do Missouri, Nebraska, North Dakota, Oklahoma, Oregon, and Texas. In Virginia a hearing has already been held on a…

Friday Links Roundup

Friday Links Roundup

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:52pm

A few links that have caught our eye this past week:

Earlier this month in response to the Pauls’ Internet Manifesto I pointed out that the internet “was created by the government.” Monday Gordon Crovitz wrote a column arguing…

Three Reasons the Drone Industry Should Support Privacy Protections

Three Reasons the Drone Industry Should Support Privacy Protections

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 9:31am

As I mentioned recently, lobbying by Boeing contributed to the defeat (for now) of drone privacy legislation in Washington state. In fact, we are starting to see a few of the many legislative proposals for regulating drones die in state legislatures…

Eight Factors That Will Shape How America Adapts to Drones

Eight Factors That Will Shape How America Adapts to Drones

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 2:25pm

How domestic drones will affect our privacy depends on how the technology is used and deployed. And that depends on a lot of factors. Technologies never exist in isolation—their impact on society is always the result of interactions between the technology's…

Drones: Useful Potential vs. the Dark Side

Drones: Useful Potential vs. the Dark Side

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:36am

One of the questions I’ve been asked about my post last week on Milo Danger and his DIY paintball-armed drone is: what does that mean for privacy?

Part of the answer is that the paintball drone is a reminder that drones are a generative…

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