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Slide 1 - CWAG Data Security & Privacy Conference Drones on the Horizon October 3, 2013 Jennifer Lynch—Senior Staff Attorney Electronic Frontier Foundation
Slide 2 - 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:
Slide 3 - Drones Today . . . DIY Drones Solar Eagle Puma AE Predator Nano Hummingbird Honeywell T-Hawk
Slide 4 - Where Drones are Flying: https://www.eff.org/foia/faa-drone-authorizations
Slide 5 - Drones and Privacy—What are the Concerns?
Slide 6 - 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)
Slide 7 - 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)
Slide 8 - 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
Slide 9 - Thank You! Jennifer Lynch Electronic Frontier Foundation jen@eff.org @lynch_jen www.eff.org/foia/faa-drone-authorizations