CWAG Data Security & Privacy Conference

Drones on the Horizon

October 3, 2013

Jennifer Lynch—Senior Staff AttorneyElectronic Frontier Foundation

What is a Drone?

• 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)

Dept. of Defense Definition:

Drones Today . . .

DIY Drones Solar Eagle

Puma AE

Predator

Nano Hummingbird

Honeywell T-Hawk

Where Drones are Flying:

https://www.eff.org/foia/faa-drone-authorizations

Drones and Privacy—What are the Concerns?

Drones and Privacy1st 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 Privacy4th 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 PrivacyNew 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 investigationsSources:

http://www.ncsl.org/issues-research/justice/unmanned-aerial-vehicles.aspxhttp://www.aclu.org/blog/technology-and-liberty/status-domestic-drone-legislation-states

Thank You!

Jennifer LynchElectronic Frontier Foundation

jen@eff.org@lynch_jen

www.eff.org/foia/faa-drone-authorizations