Drones in the US
“Drones are going to be the standard,” - Joseph F.
King, former chief of the national security section in New York’s
Department of Homeland Security office.
“The feds provide grants [for states] to buy drones, and once state and local agencies around the country are operating them, all that the federal spies need to do is invoke information-sharing programs under the Patriot Act, and they’ve got a network of spies flying everywhere" - Tenth Amendment Center national communications director Mike Maharrey
“The feds provide grants [for states] to buy drones, and once state and local agencies around the country are operating them, all that the federal spies need to do is invoke information-sharing programs under the Patriot Act, and they’ve got a network of spies flying everywhere" - Tenth Amendment Center national communications director Mike Maharrey
Drones are already being used by the government and local police.
1. Border Patrol -Since 2005, the Customs and Border Protection agency (CBP) has operated seven Predator B drones 2. Mesa County, Colorado - The police department in rural Mesa County, Colorado won FAA permission in early 2011 to operate its Draganflyer drones anywhere in the county 3. Miami Police - won permission to test drones, which they have been doing for more than 18 months with two 18-pound Honeywell aircraft, one of which they obtained with a grant from the federal government and the other of which Honeywell is loaning them 4. Houston, Texas - Police in Houston, Texas attempted to carry out secret tests of a drone in 2007, which were discovered and filmed by local television reporters. After a police spokesperson allowed that drones might ultimately be used to issue traffic tickets, support for the program reportedly collapsed. 5. Texas Department of Public Safety - has also been using unmanned surveillance aircraft for specific police operations. In one operation, they used a bird-sized “Wasp” aircraft for aerial surveillance as part of an operation in which a search warrant was executed on private property and a suspect arrested. 6. “Gorgon Stare,” – Air Force system which uses multiple video cameras that “will be looking at a whole city, so there will be no way for the adversary to know what we’re looking at, and we can see everything,” –Air Force officer MAJ. GEN. JAMES O. POSS (SOURCE: American Civil Liberties Union) |
Legislation
1. The 2012 Federal Aviation Administration Modernization and Reform Act requires the FAA to integrate UAS into civilian airspace by 2015 2. Wisconsin is furthest amongst states in regulating drone use for aerial surveillance purposes. 2013 Wisconsin Act of 213, Section 2, 175.55 (2), reads “No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence. a. Senate Bill 196 – Wisconsin – enacted into law 4/9/2014 - act to amend previous bill, “Wisconsin Act of 2013”. Section 4, 942.10 Use of a Drone, “Whoever uses a drone, as defined in s. 175.55 (1) (a), to photograph, record, or otherwise observe another individual in a place where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor. This section does not apply to a law enforcement officer authorized to use a drone pursuant to s. 175.55 (2)” i. Limitations placed on places of privacy and civilian use. No additional limitations on law enforcement or public space use. 3. Patriot Act - Section 802 of the USA PATRIOT Act (Pub. L. No. 107-52) expanded the definition of terrorism to cover ""domestic,"" as opposed to international, terrorism. A person engages in domestic terrorism if they do an act ""dangerous to human life"" that is a violation of the criminal laws of a state or the United States, if the act appears to be intended to: (i) intimidate or coerce a civilian population; (ii) influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnapping. a. under the patriot act, any drone regulations are essentially overwritten 4. More than 40 states had bills relating to the unmanned aircraft last year. Only 13 passed laws. (Startribune, Minnesota) (SOURCE: National Conference of State Legislature, Wisconsin Legislative Documents) |