Law Enforcement, Privacy, Other Concerns The Focus Of The Hearing

The Senate Judiciary Committee held a hearing Wednesday focusing on "The Future of Drones in America: Law Enforcement and Privacy Considerations."

Committee Chair Patrick Leahy (D-VT) (pictured) said that there are many questions to be answered about how UAVs are used by various groups and agencies. "While there may be many valuable uses for this new technology, the use of unmanned aircraft raises serious concerns about the impact on the constitutional and privacy rights of American citizens," Leahy said. "The Department of Homeland Security, through Customs and Border Protection, already operates modified, unarmed drones to patrol rural parts of our northern and southern borders, as well as to support drug interdiction efforts by law enforcement.

"In addition, a growing number of local law enforcement agencies have begun to explore using drones to assist with operational surveillance.  This raises a number of questions regarding the adequacy of current privacy laws and the scope of existing Fourth Amendment jurisprudence regarding aerial surveillance:  When is it appropriate for law enforcement to use a drone, and for what purposes?  Under what circumstances should law enforcement be required to first obtain a search warrant, and what should be done with the data that is collected?  And although no drones operating in the U.S. are yet weaponized, should law enforcement be permitted to equip unmanned aircraft with non-lethal tools such as tear gas or pepper spray?"

Among those providing testimony to the committee was AUVSI President & CEO Michael Toscano. "The industry fully understands the technology is new to many Americans, and their opinions are being formed by what they see in the news," Toscano said in his opening remarks. "(This) hearing is an excellent opportunity to address some misconceptions about the technology and discuss how it will actually be used domestically.

"Unlike military UAS, the systems most likely be used by public safety agencies are small systems, many weighing less than 5 pounds, with limited flight duration. As for weaponization, it is a non-starter. The FAA prohibits deploying weapons on civil aircraft. And for the record: AUVSI does not support the weaponization of civil UAS.

"As we focus on the use of UAS by law enforcement, it is important to recognize the robust legal framework already in place, rooted in the Fourth Amendment to our Constitution and decades of case law, which regulates how law enforcement uses any technology – whether it is unmanned aircraft, manned aircraft, thermal imaging, GPS, or cell phones.

Safeguarding people’s privacy is important to my industry, as well. Last year, AUVSI published a Code of Conduct explicitly directing users to respect individual privacy. AUVSI also endorsed guidelines published by the International Association of Chiefs of Police for the use of unmanned aircraft by law enforcement. These guidelines were not only praised by our industry, but the ACLU as well. AUVSI strongly opposes any misuse of UAS technology. Just like with any technology, those who abuse it should be held accountable.
 
Toscano said that the organization believes all stakeholders can work together to advance this technology in a thoughtful way that recognizes the benefits and fuels job creation, while protecting Americans’ safety, as well as their rights.

(Mikrokopter drone from YouTube video by Steve Hindi)

FMI: www.auvsi.org