U.S. law enforcement is greatly expanding its use of surveillance drones, and private actors are also seeking to use the technology for personal and commercial use.
Drones have many beneficial uses, including in search-and-rescue missions, scientific research, mapping, and more. But deployed without proper regulation, drones equipped with facial recognition software, infrared technology, and speakers capable of monitoring personal conversations would cause unprecedented invasions of our privacy rights. Interconnected drones could enable mass tracking of vehicles and people in wide areas. Tiny drones could go completely unnoticed while peering into the window of a home or place of worship.
Surveillancedroneshave been the subject of fierce debate among both legislators and the public, giving rise to an impressive amount of state legislation—proposed and enacted—to protect individuals’ privacy. Uniform rules should be enacted to ensure that we can enjoy the benefits of this new technology without bringing us closer to a “surveillance society” in which our every move is monitored, tracked, recorded, and scrutinized by the government.
The ACLU recommends the following safeguards:
- Usage Limits: A drone should be deployed by law enforcement only with a warrant, in an emergency, or when there are specific and articulable grounds to believe that the drone will collect evidence relating to a specific criminal act.
- Data Retention: Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation or trial.
- Policy: Usage policy on drones should be decided by the public’s representatives, not by police departments, and the policies should be clear, written, and open to the public.
- Abuse Prevention and Accountability: Use of domestic drones should be subject to open audits and proper oversight to prevent misuse.
- Weapons: Domestic drones should not be equipped with lethal or non-lethal weapons.
FAQs
2. Fourth Amendment rights: The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. Civil liberties groups argue that the use of drones for surveillance purposes could potentially violate this constitutional right.
Are police using drones for surveillance? ›
Now there are a few dozen departments with known DFR programs among the approximately 1,500 police departments known to have any drone program at all, according to EFF's Atlas of Surveillance, the most comprehensive dataset of this kind of information.
Are drones an invasion of privacy? ›
California has strong privacy laws aimed at protecting individuals from unwarranted intrusion into their personal lives. These laws extend to the use of drones for capturing images or recordings of individuals in private spaces without their consent.
How high can police drones fly? ›
While altitude limits may vary based on specific regulations and operational requirements, these police drones typically operate within a range of 11,200 feet above ground level, similar to recreational and consumer drones.
Does the 4th Amendment apply to drones? ›
Aerial observations of the curtilage of a home are generally not prohibited by the Fourth Amendment, so long as the government is conducting the surveillance from public navigable airspace, in a non-physically intrusive manner, and the government conduct does not reveal intimate activities traditionally associated with ...
Is it a federal offense to destroy a drone? ›
Federal Regulations Against Shooting Drones
The section of federal law that pertains to shooting at a drone, or any aircraft for that matter, is Title 18 of the U.S. Code Section 32. And, to be clear, the FAA has stated explicitly that it prohibits shooting down drones.
Can drones legally spy on you? ›
Criminal Code Section 934.50: Drones may not be used for surveillance in violation of another party's reasonable expectation of privacy; this includes law enforcement. However, police may use drones with a valid search warrant.
Why do police use drones at night? ›
The drones have thermal imaging technology. This technology is helpful in hard-to-see situations including nighttime or obscured areas. They can detect heat signatures of humans and animals, even if foliage obscures them, debris traps them, or they are incapacitated in some way.
How can you tell if its a police drone? ›
They produce a distinct buzzing or humming sound due to their rotating propellers. And while police models are designed to be quieter for stealthy operations, they do emit a noticeable sound that is easily noticeable in the stillness of the night. 4.
How do I stop drones over my house? ›
You should first contact the person controlling the drone and ask them to stop flying it over your property. In most cases, they will stop the conduct right away when they realize that it bothers you. If that does not work, you can raise a private nuisance claim.
Using a drone for peeping or spying violates privacy laws and is illegal. Drones equipped with cameras must respect individuals' reasonable expectation of privacy in homes, yards, and private spaces. Always fly drones responsibly and comply with privacy regulations to avoid legal consequences.
How do I report a drone spying on me? ›
Notify Local Law Enforcement and the FAA
Contact your local law enforcement and the FAA to report illegal drone activity. Give them the information you gathered with your counter drone. The more information that the authorities have, the easier it is for them to prosecute the pilot.
Can drones hear conversations? ›
Can drones hear conversations? Most consumer drones are not designed to record audio. However, there are some advanced drones in the market that are equipped with listening devices, so watch out for those.
What is the app that detects police drones? ›
AARTOS™ Drone Detection App Highlights
Available for iOS and Android.
Can police drones see through walls? ›
Can police drones see through walls? No, drones for law enforcement cannot see through walls with standard cameras because the light in the room does not penetrate the walls.
How can civil liberties be violated? ›
The most common complaint involves allegations of color of law violations. Another common complaint involves racial violence, such as physical assaults, homicides, verbal or written threats, or desecration of property.
What are 3 negative impacts of drones on society? ›
Drones equipped with cameras can easily intrude upon personal spaces and violate an individual's right to privacy. These devices can be used for surveillance or to capture sensitive information without consent. Furthermore, the widespread use of drones presents challenges for air traffic control and airport security.
What are some examples of drones invading privacy? ›
If the neighbor keeps flying the drone over your privacy fence, camera on because he knows your wife is sunbathing nude — that's highly offensive. So is leaving the drone to hover by someone's bedroom window in hopes of capturing video of that person changing clothes.
What civil liberties does the Patriot Act violate? ›
The organization says the act violates the Fourth Amendment, which requires government to show probable cause before obtaining a search warrant. Second, the act violates the First Amendment by imposing a gag order on public employees required to provide government with their clients' personal information.
