Saturday, July 4, 2015

Private Drones: Huge Business (Profits) vs. Individual Privacy

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The domestic use of drones is a popular topic following Congress’ recently passed FAA Modernization and Reform Act of 2012

The act provides funding for the FAA over the next four years, but the portions of the bill (§§ 331-336) that herald the possibility of expanded access to U.S. airspace for unmanned aircraft systems (UAS’s) are drawing the most attention.  A number of organizations have criticized this portion of the bill as setting a dangerous precedent that will pave the way for government and private parties to trample on privacy rights.  The ACLU, for example, has been quite vocal in its criticism of this portion of the bill, releasing a report and a series of tweets to demonstrate their concerns over the prospect of intrusive aerial surveillance without proper safeguards. 

While a robust public debate over the bill and the domestic use of drones is warranted, the conclusion that widespread privacy violations are imminent is premature.

The ACLU and other organizations believe the approach followed by Congress fails to adequately address the privacy and civil liberties concerns which were largely ignored by the bill and were not discussed during the 
Senate’s floor debate.  Dozens of signatories, led by the Electronic Privacy Information Center (EPIC), have sent an open letter to the FAA petitioning the government to address their privacy concerns.  Proponents of the bill (supporters of expanded drone use in general) argue that privacy concerns are overblown and result from unfamiliarity with drone technology and current air regulations. 

David Uberti’s informative article posted on Medill National Security Zone helpfully summarizes some of the opposing viewpoints.  As summarized by Ben Geilom, government relations manager for the Association for UVS International, who said: “… current regulations for manned aircraft should extend to their unmanned counterparts. The aircraft itself is new and maturing. But the systems payload – the cameras and sensors that are on the unmanned system – are not new. In fact, they have been used by law enforcement and others on manned aircraft for decades,” Geilom concluded.

Under current law drones are restricted to flying in specifically designated airspace.  However some domestic uses of drones have already occurred, including access to military airspace, border patrol (both with Mexico and 
Canada), intelligence gathering on Mexican drug cartels, and use by a number of public agencies for research and, under special circumstances, law enforcement purposes. 

In the March/April issue of Foreign Policy, Micah Zenko notes:

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