Pittsburgh Post-Gazette

Eyes in the air

Consider future of drone surveillan­ce by police

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Hundreds of U.S. law enforcemen­t agencies have started using drones as eyes in the sky. Nationwide, elected officials are still defining the legal limits of drone usage. In the context of law enforcemen­t, “pervasive surveillan­ce” is the threat at the front of everyone’s minds. Thus, of the 13 states with drone regulation­s, 11 of them require a search warrant before the government may use a drone in any capacity.

Not everyone thinks such strict warrant laws are a good idea. A 2014 Brookings Institutio­n study by Pepperdine University professor Gregory McNeal, “Drones and Aerial Surveillan­ce: Considerat­ions for Legislatur­es,” argues that the high legal standard for any and all drone deployment­s by police is outmoded and counterpro­ductive. Mr. McNeal contends the laws are mistakenly “focused on the technology [drones]” rather than “the harm [pervasive surveillan­ce].”

For example, in a post-Boston Marathon bombing world, police may want to fly a drone above a marathon to ensure the safety of the public. But under 11 of the 13 state laws, they would not be permitted to do it without a warrant (which they are unlikely to obtain, since they would have to define precisely the place to be searched or the people to be surveilled). But for a cop on a rooftop or a helicopter flying overhead — both performing exactly the same function as the drone — no search warrant is necessary. “The legislatio­n being pushed by privacy advocates has been explicitly directed at drone technology,” Mr. McNeal writes, “not because the technology represents an actual threat to civil liberties, but because someday in the future, the technology may be intrusive.”

Government does not often lose powers it has already won, especially those pertaining to security. Mr. McNeal is right to point out that the toy-looking things in police department­s today do not pose any more threat to privacy rights than traditiona­l surveillan­ce techniques. But laws restrictin­g their use should not be based on the assumption that they will always be this way.

When law enforcemen­t agencies start buying drones with facial recognitio­n, speakers able to pick up conversati­ons from long distances and the capacity to stay aloft for days at a time, citizens may wish that regulation had been installed with foresight.

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