Congress mandated that the FAA pass regulations integrating the use of drones into the U.S. navigable airspace. The FAA did so but declined to address the issue of privacy when operating drones. Various states, including Utah, have enacted laws regulating the use of drones by state and local law enforcement.
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This is a difficult issue. I believe that the use of drones should require a search warrant. However, multiple issues arise including the efficacy of the drone use. If law enforcement must obtain a search warrant to use drones, what would this search warrant look like? If the drones are flying over a neighborhood, must the search warrant include the recordings of the houses that the drone flies over? If this is the case, then law enforcement would have to get a very broad warrant covering all of those residencies that the drone records. This warrant may be very difficult to obtain. If no warrant is required, all of the recordings of the properties that the drone flies over will be available to law enforcement, which seems like an invasion of privacy. In my opinion, law enforcement should be required to obtain a specific search warrant describing what they hope to find with the drone recording, and all information obtained (recordings of other houses, etc.) should be ignored if it is not explicitly referenced in the search warrant.
ReplyDeleteYes, I believe that Congress should prohibit the use of drones by federal law enforcement for surveillance purposes without first obtaining a warrant. I also think that privacy with drones is a huge gap with everyday people too. The power of a drone may be more than some know. There are lots of surveillance drones on the market that one could purchase for cheap. They may not have as great cameras as a more expensive one, but they still have the ability to hit heights where you can't hear them but still be able to get a clear zoomed in picture. With law enforcement I think that everyone should have the right to not be stalked by anyone (including the law) on their own property or house. With this being said it would also make the use of a warrant for a drone useless. This is because if you have the warrant, it would be a waste of time to survey then put boots on the ground. This of course would not be the case for dealing with hostage or any violent siege.
ReplyDeleteYes, I believe that Congress should make sure that drones are only sanctioned for use during a warrant, because of how dangerous they can be. Having a drone with a camera gives a good eye in the sky, and creates a lot of issues with the expectation of privacy, especially if people are unable to see the drone. The one problem I have with this is you need to make sure that you focus and highlight what you are trying to capture with the drone footage, and leave nothing else in the video. This is because the police force could invade scenarios where people have an expectation of privacy in the collateral video of the drone. In general, you need to make sure that you are focusing specifically on the use for the warrant, and follow it as close as possible to not invade then privacy of other citizens.
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