Domestic Drones & the Invasion of Privacy
When unmanned drones deploy in the United States, as they inevitably will, I think the predominant consideration will be privacy concerns, rather than Constitution. In the end, the Constitution's Fourth Amendment prohibitions on unreasonable search and seizure will not determine the domestic rules on drones. In part, that is because I think the Fourth Amendment will not pose much of an obstacle to drones for surveillance purposes. Cameras, for example, are already permitted to constantly photograph public spaces — think of the cameras in government buildings, airports, public squares, and streets. They can be used at the borders and at sensitive installations. If New York City can cover much of its downtown with video surveillance, should it matter whether it is a drone or a stationary camera?
I predict that private drones will prove a bigger invasion of privacy. I met an inventor a few months ago who showed me a drone that could be made for a few hundred dollars and controlled by an iphone. The Constitution only limits what the state can do, not what private parties can do. And it is private parties who will be the principle users of domestic drones. I predict that these drones will be used mostly by suspicious spouses and parents, not to mention celebrity gawkers. So more important than worrying about whether the NYPD or DHS uses drones, are what rules our society will choose to govern and constrain the private use of drones. It may ultimately be difficult to control; as drone technology allows for smaller and cheaper drones, the government will have less and less ability to regulate them.
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May '10
Re: Domestic Drones & the Invasion of Privacy
Benjamin Franklin, warned at one point that he was being spied on so as to find evidence for an attack on his character, replied, "I have long observ'd one Rule which prevents any Inconvenience from such Practices. It is simply this, to be concern'd in no Affairs that I should blush to have made publick, and to do nothing but what Spies may see & welcome."
May '10
Re: Domestic Drones & the Invasion of Privacy
Misthiocracy
Kennedy Smith:
I'll line up to shake the hand of the first guy to shoot down a domestic surveillance drone.
What's the difference between a "domestic surveillance drone" and some poor kid's webcam-equipped RC airplane?
· 10 hours ago
The difference: shooting down a surveillance drone is striking a blow for liberty. Shooting down some kid's RC plane is just plain fun.
Aug '10
Re: Domestic Drones & the Invasion of Privacy
Kennedy Smith
Misthiocracy
Kennedy Smith:
I'll line up to shake the hand of the first guy to shoot down a domestic surveillance drone.
What's the difference between a "domestic surveillance drone" and some poor kid's webcam-equipped RC airplane?
The difference: shooting down a surveillance drone is striking a blow for liberty. Shooting down some kid's RC plane is just plain fun.
I think that's just mean. Poor kid worked hard on that plane!
Nov '11
Re: Domestic Drones & the Invasion of Privacy
Misthiocracy
There are people developing full-sized versions of these devices, capable of carrying a pilot/passenger with almost no flying experience.
The computer (theoretically, no more than an iPhone would be needed) keeps the aircraft stable. The "pilot" just needs to enter the GPS coordinates of where he wants to go and then keep an eye on altitude and intervene to navigate around obstacles.
The only real design obstacle is range. More fuel means more weight, which requires more powerful motors. The aircraft in the above link uses eight electric motors. · 15 hours ago
I was wondering, since Johnny Quest, when there would finally be flying cars. It took long enough for TV phones (Skype, FaceTime).
Nov '11
Re: Domestic Drones & the Invasion of Privacy
One thing I have never looked into is if law enforcement can use video footage, from say traffic cameras, as evidence or just use them to catch somebody. I have heard automatic traffic tickets have been shot down. It seems to me that this is the crucial issue. The technology is here, isn't going away, and will only get more sophisticated. However, it is well-known that video can be easily tampered with (even make dinosaurs look real). I've brought this up to people and the normal person in a small town says naivily, why would they want to do that?
Aug '11
Re: Domestic Drones & the Invasion of Privacy
John Yoo
When unmanned drones deploy in the United States, as they inevitably will, I think the predominant consideration will be privacy concerns, rather than Constitution. · May 17 at 2:04p
I may only be a law school student, and far, far from a Constitutional law enthusiast, but I am not sure I agree with Prof. Yoo given the alluded US v. Jones decided by the Supreme Court a few months ago.
Jones linked a trespass to search. The drone would trespass airspace property right if it would substantially interfere the use and enjoyment of the land. I would think the right to privacy is invariably linked to the use and enjoyment of the land. This would unsettle precedent though, see FL v. Riley (search at 400ft OK). This might be overcame by only viewing from airspaces of public land or the land of third parties.
What bothers me is the use of thermal cameras and such on drones. There seems to be a spit on this issue between the circuits. Mainly by interpreting Katz's "reasonable expectation of privacy". This might be a place for "Supreme" help.
Edited on May 20, 2012 at 6:35amApr '12
Re: Domestic Drones & the Invasion of Privacy
It's a horrible source for information, but I seem to remember TruTV having a lot of "bank video tape established evidence in court that suspect's vehicle was at X place" type evidence in their crime docus.
As to altering the tape-- such as was done in the Zimmerman case-- the same thing stops them that stops them from planting other evidence. It takes a lot to make it look right, hiding evidence of change is nearly impossible (copy of a copy works) and chance of getting caught.
Apr '12
Re: Domestic Drones & the Invasion of Privacy
I do not understand how a digital copy being altered would leave evidence, but my husband did the college thing for making and identifying such things and he swears it's possible. He's also able to spot CGI that I have to closely inspect to identify, so training can quickly identify computer graphics.