EFF Says DOT Has Ignored FOIA Request For Nine Months
If the increasing use of unmanned aircraft by civil law
enforcement in the US had been going smoothly up till now, it looks
like the debate over privacy rights is starting to heat up. The
Electronic Frontier Foundation (EFF) accuses the US government of
covering up records of which agencies have received permission to
fly drones for surveillance purposes, and of ignoring a Freedom of
Information Act request for a complete list.
From its press release, EFF explains:
"Drones are designed to carry surveillance equipment –
including video cameras, infrared cameras and heat sensors, and
radar – that can allow for sophisticated and almost constant
surveillance. They can also carry weapons. Traditionally, drones
have been used almost exclusively by military and security
organizations. However, the U.S. Customs and Border Protection uses
drones inside the United States to patrol the U.S. borders, and
state and local law enforcement are increasingly using unmanned
aircraft
for investigations into things like cattle rustling, drug dealing,
and the search for missing persons.
"Any drone flying over 400 feet needs a certification or
authorization from the Federal Aviation Administration, part of the
DOT. But there is currently no information available to the public
about who specifically has obtained these authorizations or for
what purposes. EFF filed a Freedom of Information Act (FOIA)
request in April of 2011 for records of unmanned aircraft
activities, but
the DOT so far has failed to provide the information."
It's not clear exactly what EFF is chasing. The "cattle
rustling" mention appears to refer to a case which took place in
Nelson County, North Dakota where, as ANN reported, Sheriff Kelly
Janke got assistance from Customs and Border Protection after being
chased off a farm. Privacy advocates seem to overlook the fact that
Janke had a warrant for the search, and EFF seems to have missed
the point that the drone was flown by CBP, not by "local law
enforcement." FAA approval for testing of drones in civilian
law enforcement applications above 400' AGL have been extremely
limited and well publicized.
EFF says it has escalated its efforts to a lawsuit. It's
possible the list sought by the foundation simply does not exist,
but the government is required by law to reply to a FOIA request
within 20 days, with either the requested information or an
explanation of why it is not being provided. Even in a time when
many Americans are unnerved by security measures seen as
dangerously overreaching, that provision of the FOIA appears to be
routinely ignored.
Legal precedent in the US has already established that activity
which might be viewed from the air carries no expectation of
privacy, even in your own back yard. But the sophisticated sensors
on drones derived from military applications may prompt further
discussion. EFF notes, "The use of drones in American airspace
could dramatically increase the physical tracking of citizens
– tracking that can reveal deeply personal details about our
private lives. We're asking the DOT to follow the law and
respond to our FOIA request so we can learn more about who is
flying the drones and why."