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 because of privacy concerns.
Should Congress prohibit the use of drones by federal law enforcement for surveillance purposes without first obtaining a search warrant?
Yes. I would say otherwise if the question pertained to recreational use of drones, but since it is federal law enforcement they should be required to obtain a warrant because there are so many things they could do with this footage. They could potentially install facial recognition onto the drone camera, they could fly the drone around to follow people or look through windows which is an invasion of privacy that you can't really have privacy against if they don't make warrants mandatory. There aren't ways around being followed or observed by a drone like there are other privacy invasions because you don't control it and they can go just about anywhere.
ReplyDeleteYes. I, in a lot of ways, am a 4th amendment absolutist. I think something like drone surveillance - especially if outfitted with technology like facial recognition, thermal cameras, etc. - is intrusive enough to be considered a search and should require a warrant. It is giving the government too much power over the lives of citizens when we allow it unlimited access to the inexpensive and efficient surveillance capabilities of drones.
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ReplyDeleteYes, I definitely think the federal government should require federal law enforcement to have a search warrant for surveillance using drones. Requiring warrants would help to specify the range, time limit, and purpose of the surveillance, so mass surveillance without clear purpose is prevented. I think regulation of drones at this level is necessary because drones have the potential to follow people both as they move through public spaces, and as they move through their homes by seeing through windows that an officer may not otherwise be able to see. To me, the requirement of search warrants would aid transparency and responsible use of drones by federal law enforcement.
ReplyDeleteYes the federal government should have a warrant before the use of drones. Drones have serious potentials of privacy invasion which could create a lot of problems for both parties involved. Based off of what the drones are used for, I could also see these drones as a way to search. With knowledge of needing a warrant before a search, these drones would also require a warrant. I think the technology we have with drones is true amazing but also scary. Without regulation these drones can be taken advantage of.
ReplyDeleteYes, the Federal Government should require LEA/LEO to obtain search warrants before surveilling with drones. Drones allow for nearly surreptitious surveillance of anyone in any public place - although people do not necessarily have a reasonable expectation to privacy in public areas, they do have a reasonable expectation against tracking/targeted surveillance which is exactly what a drone would do. Additionally, with the right technology (IR cameras, telephoto lenses) drones could spy on people within their homes. The technology would allow for greater surveillance and reduce the human cost associated with more traditional methods of surveillance.
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ReplyDeleteNo the use of drones by local and state law enforcement should not require a warrant. Drones are in essence no different than airplanes considering the vantage point and surveillance possibilities they grant law enforcement. In the case of California v. Ciraolo it was decided that a warrant was not required for the use of an airplane by police to observe the fenced backyard of a homeowner. Since drones are not significantly different than airplanes the same should hold true for drones.
ReplyDeleteI think that federal law enforcement should have to obtain a warrant before using a drone for surveillance purposes.(especially if they would like to use the footage in court)Drones have the ability to see what people could not normally observe from vantage points that used to require much more specialized and much more expensive equipment. For instance people expect some level of privacy in a fenced backyard, however, drones are able to easily survey a fenced area. Parallels can be drawn to the case mentioned previously in class where a thermal imaging camera was used to survey heat signatures emitted from a home. In both examples, specialized equipment would be used which are vastly superior to the human eye.
ReplyDeleteI do believe that congress should require law enforcement to have a search warrant before making use of drones. A drone allows for movement in every direction, allowing users to find places to watch others that we’re at one point impossible to use. Drones also allow the user to remain anonymous, as they can be piloting the machine from a substantial distance away. Lastly, a drone could be outfitted with all types of cameras and software that can make spying on others easier. It’s also unnerving that these gadgets are becoming more readily available to the general population, meaning almost anyone can spy on others easily. Drones are a powerful tool when it comes to surveillance, so they must be regulated and kept in check.
ReplyDeleteI think so. One might argue that many of the potential privacy concerns caused by drones already exist in CCTV. However, drones are very powerful in that they are not fixed to a specific location. They can weave in and out of tight spaces. They can fly over a person's private property, like a back or front yard. To me, given these greater powers that a drone affords law enforcement, a search warrant should be required before their use.
ReplyDeleteno I dont think drones should require a search warrent in this day and age. I can however see an issue in the future as technology advances where drones can be mass manufactured inexpensively and can fly indefinitly. I think there should be regulation around the use of drones to follow individuals, as that is a violation of a person's privacy.
ReplyDeleteYes, I do indeed believe that the federal government should obtain a warrant. The use of drones can be very pervasive and goes back to the 4th amendment. As this technology can be used to search and would fall under the “search and seizure” category. Drones have the potential to violate, reasonable expectations of privacy if they are flying around a property or home. As we have read in our readings the technology is becoming more assessable, which means that it is becoming also more affordable for federal use. I do believe that there should be a warrant issued for law enforcement, I don’t believe there should be for civilian use.
ReplyDeleteYes, I believe the federal government should require a search warrant to use drones for surveillance when it concerns surveillance of private property. If someone has a large property like a farm then allowing warrant less drone use would basically allow law enforcement to search the whole farm without a warrant. However, in a public setting the reasonable expectation of privacy is drastically reduced, and anything observed with a drone in public could be considered free game.
ReplyDeleteI honestly believe that it depends on how the drones are being used. If the drone is completely restricted to public places, then definitely not. However, smaller drones that can enter buildings/vehicles should require a warrant just like any other type of search. however, a drone following me down the street should not, because being in a public place is essentially consenting to being observed by Big Brother (and Little Brother as well, but that's not the issue at hand)
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