Posted 10:41 pm Saturday, February 11, 2012
Drones In U.S. Skies A Threat To Privacy
It’s once again time to show a little love for the Fourth Amendment, an integral part of the Bill of Rights, but one that has (of late) been neglected by constitutional conservatives who remain focused on the Second and Tenth Amendments.
The latest assault on the Fourth comes from an ostensibly conservative and constitutionalist House of Representatives, in the form of the FAA Reauthorization Act, which will put thousands of drones in American skies, not to watch over us, but to watch us.
“The FAA Reauthorization Act, which President Obama is expected to sign, also orders the Federal Aviation Administration to develop regulations for the testing and licensing of commercial drones by 2015,” the Washington Times reports. “Privacy advocates say the measure will lead to widespread use of drones for electronic surveillance by police agencies across the country and eventually by private companies as well.”
The latest assault on the Fourth comes from an ostensibly conservative and constitutionalist House of Representatives, in the form of the FAA Reauthorization Act, which will put thousands of drones in American skies, not to watch over us, but to watch us.
“The FAA Reauthorization Act, which President Obama is expected to sign, also orders the Federal Aviation Administration to develop regulations for the testing and licensing of commercial drones by 2015,” the Washington Times reports. “Privacy advocates say the measure will lead to widespread use of drones for electronic surveillance by police agencies across the country and eventually by private companies as well.”
Let’s be clear on what the Fourth Amendment guarantees. It reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Simply put, the government must have probable cause to conduct a search.
No one seems to have told the FAA that.
“The FAA has issued hundreds of certificates to police and other government agencies, and a handful to research institutions to allow them to fly drones of various kinds over the United States for particular missions,” the Times continues. “The agency said it issued 313 certificates in 2011 and 295 of them were still active at the end of the year, but the FAA refuses to disclose which agencies have the certificates and what their purposes are.”
Simply put, the government must have probable cause to conduct a search.
No one seems to have told the FAA that.
“The FAA has issued hundreds of certificates to police and other government agencies, and a handful to research institutions to allow them to fly drones of various kinds over the United States for particular missions,” the Times continues. “The agency said it issued 313 certificates in 2011 and 295 of them were still active at the end of the year, but the FAA refuses to disclose which agencies have the certificates and what their purposes are.”
One group, the Electronic Frontier Foundation, is suing to obtain that information.
“We need a list so we can ask (each agency), ‘What are your policies on drone use? How do you protect privacy? How do you ensure compliance with the Fourth Amendment?’ ” the group’s attorney, Jennifer Lynch, said.
The Wall Street Journal acknowledges the increase in drone use (as many as 30,000 by 2020) would be significant.
“Most are operated by federal agencies for law-enforcement or security purposes,” the Journal reports. “But under the FAA bill, proponents envision huge fleets of drones operated nationwide by states, local governments and companies. Unmanned aircraft can be as small as a hummingbird or have the wingspan of an airliner. Among their possible uses are environmental monitoring, fire protection and surveillance of suspected criminals.”
The Fourth Amendment is what separates the United States from a police state, with unlimited powers to search, track, monitor and detain citizens.
But it’s also an amendment that’s taken a beating lately. In the aftermath of the Sept. 11, 2001 attacks, the Patriot Act set aside some of those protections in the interest of national security.
That put constitutionalists in an awkward position — constitutional conservatives found themselves siding, at least on this issue, with controversial filmmaker Michael Moore.
But courts have chipped away at some of the excesses of the Patriot Act, and we are slowly finding a balance between privacy and security.
The FAA Reauthorization Act is a step backward.
“We need a list so we can ask (each agency), ‘What are your policies on drone use? How do you protect privacy? How do you ensure compliance with the Fourth Amendment?’ ” the group’s attorney, Jennifer Lynch, said.
The Wall Street Journal acknowledges the increase in drone use (as many as 30,000 by 2020) would be significant.
“Most are operated by federal agencies for law-enforcement or security purposes,” the Journal reports. “But under the FAA bill, proponents envision huge fleets of drones operated nationwide by states, local governments and companies. Unmanned aircraft can be as small as a hummingbird or have the wingspan of an airliner. Among their possible uses are environmental monitoring, fire protection and surveillance of suspected criminals.”
The Fourth Amendment is what separates the United States from a police state, with unlimited powers to search, track, monitor and detain citizens.
But it’s also an amendment that’s taken a beating lately. In the aftermath of the Sept. 11, 2001 attacks, the Patriot Act set aside some of those protections in the interest of national security.
That put constitutionalists in an awkward position — constitutional conservatives found themselves siding, at least on this issue, with controversial filmmaker Michael Moore.
But courts have chipped away at some of the excesses of the Patriot Act, and we are slowly finding a balance between privacy and security.
The FAA Reauthorization Act is a step backward.
