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
jen@eff.org
@lynch_jen
www.eff.org/foia/faa-droneauthorizations