CWAG Data Security & Privacy Conference
Drones on the Horizon
October 3, 2013 Jennifer Lynch—Senior Staff Attorney
Electronic Frontier Foundation
What is a Drone? Dept. of Defense Definition: • Powered, aerial vehicles • No human operator on board
• Can fly autonomously or be piloted remotely • Can be expendable or recoverable • Can carry a lethal or nonlethal payload (weapons or surveillance equipment)
Drones Today . . .
Predator Nano Hummingbird
DIY Drones
Puma AE
Solar Eagle Honeywell T-Hawk
Where Drones are Flying:
https://www.eff.org/foia/faa-drone-authorizations
Drones and Privacy—What are the Concerns?
Drones and Privacy 1st Amendment • Personal and commercial drone use will create tension between First Amendment and privacy – – –
Barbara Streisand Case Paparazzi Statutes Florida Star v. B.J.F. (1989)
Drones and Privacy 4th Amendment & Privacy Statutes • Companies flying drones will need to worry about law enforcement access to data • How Fourth Amendment & privacy statutes apply to drone surveillance is far from clear: – Privacy in your home & backyard? – (US v. Kyllo (2001) / Florida v. Jardines (2013) – (CA. v. Ciraolo (1986) / Video Camera Cases))
– Privacy in public places? – (US v. Knotts (1983) / US v. Jones (2012))
– Ubiquitous surveillance? – (US v. Jones (2012) / Video Camera Cases)
Drones and Privacy New State and Federal Laws • 43 states have introduced drone bills / 6 passed with some limitations on drone use • 4 active federal bills with both Rep. / Dem. sponsors • Almost all require a warrant to use a drone in criminal investigations
Sources: http://www.ncsl.org/issues-research/justice/unmanned-aerial-vehicles.aspx http://www.aclu.org/blog/technology-and-liberty/status-domestic-drone-legislation-states
Thank You! Jennifer Lynch Electronic Frontier Foundation
[email protected] @lynch_jen
www.eff.org/foia/faa-droneauthorizations
