SurveillanceNebraska lawmakers look to limit police drone use

Published 28 January 2013

The Federal Aviation Administration says there will be around 30,000 commercial and government drones  flying over the United States in the next ten years. The business of selling and servicing domestic drones is projected to grow into a $90 billion industry. Lawmakers at the federal and state level say that to prevent these drone from encroaching on citizens’ privacy, it is time to define what they can do, where, and when.

As  drone technology becomes more popular among local law enforcement agencies in the United States, there are growing worries about privacy.

Nebraska Republican State Senator Paul Schumacher  is worried that police will use the drones to spy on people.

If there’s going to be a policy decision from the legislative level on the use of drones for the surveillance of civilian populations, then now’s the time to do it — before communities begin investing in these devices,” Schumacher told the Fremont Tribune.

Schumacher introduced the Freedom from Unwarranted Surveillance Act which states, “a law enforcement agency shall not use a drone to gather evidence or other information” and that “… evidence obtained or collected in violation of the … act is not admissible as evidence in a criminal prosecution in any court of law in this state.”

Schumacher commented on his discomfort with drone use saying “It is also another tool that freedom-loving people don’t need above their houses and their backyards.”

“It’s something that I think is worthy of discussion,” Schumacher added.

The bill would only apply to local and state law enforcement.

The Fremont Tribune reports that drone use started in Iraq and Afghanistan, but is now being looked at by law enforcement all over the United States. The Federal Aviation Administration says there will be around 30,000 commercial and government drones  flying over the United States in the next ten years. The business of selling  and servicing domestic drones is projected to grow into a $90 billion industry.

Drones may be  used in a variety of ways, including monitoring oil pipelines,  lake health, surveying wildfires,  tracking natural disasters such as tornadoes and hurricanes, and much more. It is the use of drones by federal and local law enforcement, however, that has everyone from ordinary citizens to Senator Patrick Leahy (D-Vermont), chairman of the Senate Judiciary Committee, concerned about their privacy.

“I am concerned about the growing use of drones by federal and local authorities to spy on Americans here at home,” he said this month in a speech at the Georgetown University Law Center. “I think there could be a significant threat to the privacy and civil liberties of millions of Americans. Let’s not forget we have certain basic constitutional rights as Americans.”

Becki Brenner, executive director of the Nebraska ACLU, said drones should be used only “where there are grounds to believe they will collect evidence relating to a specific instance of criminal wrongdoing, or in emergencies.”

We need clear privacy rules so that we can enjoy this new technology without sacrificing our privacy,” Brenner told the  Tribune. “Our privacy laws are not strong enough to ensure that the new technology will be used responsibly and consistently with our democratic values. Courts still are wrestling with the constitutionality of the usage of this technology.

We need a system of rules to ensure that we can enjoy the benefits of this technology without bringing us closer to a ‘surveillance society,’ in which everyone’s move is monitored, tracked, recorded and scrutinized by authorities,” Brenner added.

Lancaster County Sheriff Terry Wagner said drones could be a valuable tool to law enforcement, but Wagner feels the way Schumacher’s bill is worded could keep drones from all forms of safety, even rescue missions.

What’s the difference between a drone and a piloted aircraft?” Wagner asked.