Last week, a Virginia House panel approved a two-year moratorium on drone use within the state. In December, Berkeley’s City Council debated a similar proposal from its Peace and Justice Commission. The commission wanted to prohibit the city from purchasing, borrowing, testing or using drones, or allowing “drones in transit.” Hobbyists would, however, have been allowed to use drones which didn’t carry cameras or audio surveillance equipment. The legislation was shot down because, as Berkeley Councilman Gordon Wozniak argued, “Berkeley doesn’t have jurisdiction over its airspace and can’t enforce it unless we buy Patriot missiles to shoot things down.” Both of these bills were prompted by law enforcement officials wanting to use drones for surveillance and intelligence gathering.
The American Civil Liberties Union (ACLU) calls this “spying.”
These are the harbingers of debates to come as the Federal Aviation Administration (FAA) moves towards approving the use of Unmanned Aircraft Systems for law enforcement. Groups such as the ACLU are working to stop this because of concerns over privacy. As M. Ryan Calo, my colleague at Stanford Law School and Director for Privacy and Robotics at the Center for Internet & Society, has written, U.S. privacy laws don’t address these issues. This means we are in for some significant legislative battles on Capitol Hill and in the Supreme Court. Calo says these “could be just the visceral jolt society needs to drag privacy law into the twenty-first century.”








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