On Sep 6th, the Congressional Research Service (CRS) published a report entitled, “Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses”. The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures and the CRS report assesses the Fourth Amendment implications relating to the use of unmanned aircraft. The report asserts, “… while individuals can expect substantial protections against warrantless government intrusions into their home, the Fourth Amendment offers less robust restrictions upon government surveillance occurring in public places and perhaps even less in areas immediately outside the home, such as in driveways or backyards. Concomitantly, as technology advances, the contours of what is reasonable under the Fourth Amendment may adjust as people’s expectations of privacy evolve… the constitutionality of domestic drone surveillance may depend upon the context in which such surveillance takes place. Whether a targeted individual is at home, in his backyard, in the public square, or near a national border will play a large role in determining whether he is entitled to privacy. Equally important is the sophistication of the technology used by law enforcement and the duration of the surveillance.”
In addressing the Fourth Amendment issue the report concludes, “Although the Supreme Court has the final say in the interpretation of the Fourth Amendment and other constitutional safeguards, Congress and, in many cases, the President are free to institute more stringent restrictions upon government surveillance operations.”
On Sep 10th, the CRS released a report entitled, “Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System”. In the report the CRS examined FAA’s efforts towards integrating UAS into the national airspace. The report discusses the timelines set by Congress in the FAA reauthorization bill signed into law in February, outlines FAA’s current policies and addresses integration issues such as safety, security and privacy concerns. The CRS stated, “… the constitutionality of domestic drone surveillance may depend upon the context in which such surveillance takes place. Whether a targeted individual is at home, in his backyard, in the public square, or near a national border will play a large role in determining whether he is entitled to privacy. Equally important is the sophistication of the technology used by law enforcement and the duration of the surveillance.”
Click the links below to read the reports and to learn more about these topics…
Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses
Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System
AUVSI Code of Conduct
Rich Hanson
AMA Government and Regulatory Affairs