Drones in the U.S. : privacy issues and regulatory considerations / Sophia Barrett, editor.

Format:

Book

Contributor:

Barrett, Sophia, editor.

Series:

Privacy and identity protection.

Privacy and Identity Protection

Language:

English

Subjects (All):

Privacy, Right of--United States.

Privacy, Right of.

Drone aircraft--Law and legislation--United States.

Drone aircraft.

Physical Description:

1 online resource (120 p.)

Place of Publication:

New York, [New York] : Novinka, 2016.

Summary:

It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or "drones," into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not include privacy provisions in its proposed rule on small UAS. This issue, however, has not left the national radar. Congress has held hearings and introduced legislation concerning the potential privacy implications of domestic drone use; President Obama recently issued a directive to all federal agencies to assess the privacy impact of their drone operations; and almost half the states have enacted some form of drone legislation. This book provides a primer on privacy issues related to various UAS operations, both public and private, including an overview of current UAS uses, the privacy interests implicated by these operations, and various potential approaches to UAS privacy regulation.

Contents:

DRONES IN THE U.S. PRIVACY ISSUES AND REGULATORY CONSIDERATIONS ; DRONES IN THE U.S. PRIVACY ISSUES AND REGULATORY CONSIDERATIONS ; CONTENTS ; PREFACE ; Chapter 1 DOMESTIC DRONES AND PRIVACY: A PRIMER ; SUMMARY; INTRODUCTION ; BACKGROUND ; Authorization and Uses ; Public Operators ; Customs and Border Protection ; Department of Justice ; Other Federal Uses ; State and Local Governmental Operations ; Private Operators ; PRIVACY INTERESTS IMPLICATED BY UAS OPERATIONS ; Surveillance ; Personal Control ; Secrecy ; Autonomy ; Anonymity ; Post-Collection Activities ; Aggregation ; Use

Retention VARIOUS APPROACHES TO UAS PRIVACY REGULATION ; Courts ; Fourth Amendment ; Privacy Torts ; Executive Branch ; FAA-Privacy Rules at the Test Sites and Beyond ; President's Memorandum on UAS and Privacy ; UAS Policies and Procedures for Federal Government Use ; Multi-Stakeholder Engagement Process for Commercial and Private UAS Use; Privacy Impact Assessments and Privacy Working Groups ; DOJ Inspector General UAS Report ; Congress ; Legislation ; Drone Aircraft Privacy and Transparency Act of 2013 (S. 1639, H.R. 2868)

Preserving Freedom from Unwarranted Surveillance Act of 2013 (S. 1016, H.R. 972)Preserving American Privacy Act of 2013 (H.R. 637) ; Oversight ; States ; End Notes ; Chapter 2 TESTIMONY OF AMIE STEPANOVICH, DIRECTOR OF THE DOMESTIC SURVEILLANCE PROJECT, ELECTRONIC PRIVACY INFORMATION CENTER. HEARING ON "THE FUTURE OF DRONES IN AMERICA: LAW ENFORCEMENT AND PRIVACY CONSIDERATIONS" ; I. AERIAL DRONES POSE A UNIQUE THREAT TO PRIVACY; II. CURRENT PRIVACY SAFEGUARDS ARE INADEQUATE ; III. CONGRESS SHOULD ESTABLISH SAFEGUARDS RELATED TO THE USE OF DRONES ; CONCLUSION ; End Notes

Chapter 3 STATEMENT OF RYAN CALO, ASSISTANT PROFESSOR, UNIVERSITY OF WASHINGTON SCHOOL OF LAW. HEARING ON "THE FUTURE OF DRONES IN AMERICA: LAW ENFORCEMENT AND PRIVACY CONSIDERATIONS" End Notes; Chapter 4 TESTIMONY OF JOHN VILLASENOR, NONRESIDENT SENIOR FELLOW, THE BROOKINGS INSTITUTION. HEARING ON "EYES IN THE SKY: THE DOMESTIC USE OF UNMANNED AERIAL SYSTEMS" ; UNMANNED AIRCRAFT SYSTEMS ; SUPREME COURT FOURTH AMENDMENT JURISPRUDENCE ; A "LEVEL OF DETAIL" TEST FOR CONSTITUTIONALITY OF UAS IMAGES?; LONG-TERM UAS SURVEILLANCE OF A HOME OR CURTILAGE; LONG-TERM LOCATION TRACKING

NON-GOVERNMENT UNMANNED AIRCRAFT AND PRIVACY BUSINESS PRIVACY; CONCLUSION ; End Notes ; Chapter 5 TESTIMONY OF GREGORY S. MCNEAL, ASSOCIATE PROFESSOR OF LAW, PEPPERDINE UNIVERSITY SCHOOL OF LAW. HEARING ON "EYES IN THE SKY: THE DOMESTIC USE OF UNMANNED AERIAL SYSTEMS" ; 1. CONGRESS SHOULD REJECT CALLS FOR A BLANKET REQUIREMENT THAT ALL DRONE USE BE ACCOMPANIED BY A WARRANT ; 2. CONGRESS SHOULD REJECT BROADLY WORDED USE RESTRICTIONS; 3. IF CONGRESS CHOOSES TO IMPOSE A WARRANT REQUIREMENT, IT SHOULD CAREFULY CONSIDER CODIFYING EXCEPTIONS

4. CONGRESS SHOULD SPEND A SUBSTANTIAL AMOUNT OF TIME CAREFULLY DEFINING TERMINOLOGY AND SPECIFYING WHAT PLACES ARE ENTITLED TO PRIVACY PROTECTION

Notes:

Includes index.

Description based on print version record.

ISBN:

1-63484-919-1