Can U.S. Citizen Shoot Down Domestic Spy Drones? Question Looms
September 14, 2012 3:50 PM
Three bills look to limit use amid concerns that government is prepping for massive spy drone rollout
Every single day / And every word you say / Every game you play, every night you stay / I'll be watching you
Oh, can't you see / You belong to me?
...that famous line of Sting and the Police perhaps best summarizes the warning delivered in a
released last week by the
Congressional Research Service
that suggests the
growing army of drones flying over the U.S. airspace
could be used to continuously monitor U.S. citizens.
I. Plans for Domestic Drone Spying Escalate
The U.S. Federal Aviation Administration in a recent report that it expects 30,000 commercial and government drones to be flying over the U.S. airspace within 20 years. The drones will be cheap, will be able to stay aloft continuously, and can even be
as small as an insect
(so-called "nano-drones"). All of that makes the perfect vehicle for something many great writers and philosophers have long feared -- ubiquitous, uninterrupted government surveillance.
While it sounds like a paranoid flight of fantasy, that's precisely the issue that was being discussed in last week's report. It comments, "In the near future, law enforcement organizations might seek to outfit drones with facial recognition or soft biometric recognition, which can recognize and track individuals based on attributes such as height, age, gender and skin color."
Reaper drones are currently being used over U.S. airspace. [Image Source: The Real Revo]
Lockheed Martin Corp. (
) is among the major defense contractors field testing a model which could be used to ubiquitously spy on citizens of both America and foreign nations -- a flyer named "Stalker". Stalker drones get a charge from ground-based lasers, allowing them to continuously stay aloft, surveying individuals 24-7 in an urban landscape.
Solar panels have also been explored
as a way of keeping drones aloft.
The Stalker Drone uses periodic laser recharges to stay aloft for continuous surveillance.
[Image Source: LaserMotive]
Some companies are examining the possibility of
deploying armed drones
(war drones) over U.S. soil to provide intelligence and law enforcement agencies a weapon in the sky to use against "criminals".
III. Warrantless Monitoring?
A key question is whether such spying would be legal without warrant, an allowance that could be tantamout to leaving the door open to abuse.
Based on current U.S. court precedent, the report hypothesizes that courts would deem nano-drone visual or heat-image surveillance of U.S. citizens inside their homes to be illegal. However, it is less clear whether drones would be disallowed to stalk Americans in their backyards, swimming pools, deck, or porch. And intelligence agencies would likely be able to freely spy on people in public locations.
President Barack Obama has supported a variety of warrantless spying measures on U.S. citizens,
including wireless phonetaps
. Republican presidential Mitt Romney has also supported warrantless spying efforts. [Image Source: Fits News]
But the researchers also note that the drones' ability to stay in the air indefinitely or for extended periods of time (or even days), could sway courts to deem warrantless drone monitoring of Americans to be a Fourth Amendment violation. Comments the report:
This capability may sway a court’s determination of whether certain types of warrant-less drone surveillance are compatible with the Fourth Amendment.
The Fourth Amendment
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.
The important phrasing there is "unreasonable searches", which many would argue would include continuous drone surveillance.
III. Bills on the Table, Question of Citizens Shooting Down Drones Looms
The good news is that there are several proposals floating around Congress to block using drones to spy on Americans without warrant. The bad news is that past efforts to limit warrantless drone use have been largely struck down, and that the current efforts do not necessarily ban all kinds of warrantless use.
According to the summary by
three measures are currently on the table, all penned by Republicans in Congress.
One of the measures is very specific, seeking to narrow the scope of a specific agency's use of drone monitoring.
Farmers Privacy Act
(H.R. 5961), this measure is written by
Rep. Shelley Moore Capito
(R-W.Virg.). The bill looks to prevent the U.S. Environmental Agency for using drones to hunt for regulatory violations -- particularly with farms.
Sen. Barbara Boxer
(D-Calif.) had proposed a similar, but less strict prohibition which would have banned EPA drone use if it was more expensive than traditional inspections. The amendment to the "farm bill" (
The Agriculture Reform, Food and Jobs Act of 2012
(S. 3240)) was struck down.
The other two bills would be more ubiquitous. The Preserving American Privacy Act would strictly limit surveillance of U.S. citizens by drones to only be allowed with warrant in the investigation of felonies. That bill is written by Rep. Ted Poe's (R-Texas). A second bill by
Rep. Austin Scott
Sen. Rand Paul
(R-Kentucky), dubbed the
Preserving Freedom from Unwarranted Surveillance Act
, would require police departments to obtain a warrant, in most cases, before using drones. The Sen. Paul version is stricter, in that it contains an extra provision to prevent warrantless evidence from being used against Americans in a court of law.
Several bills are looking to restrict police use of drones. [Image Source: Reuters]
It is unclear if any of these measures will pass.
One aspect of the measure not discussed by the report is what the legal rammifications would be of a legally armed U.S. citizens shooting down
a drone that was spying on them or a nearby neighbor. As unlikely as that scenario sounds, it could happen if use soars.
It can be safely presumed that the responsible agency would try to charge the citizen for destroying federal property, obstruction of justice, or other similar charges. The real question is what the courts would make of such a case.
"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes
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