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Sam Smith: We would hope not. Existing laws on the books – in regard to closed-circuit TV in the US – are relatively weak in terms of privacy protections. Domestic drones would likely fall into this category, except that – unlike CCTV – flying cameras that can track an individual, vehicle or group using automatic or manual means can be much more invasive.What kind of regulations on domestic drones do you think need to be in place? And would they be the same for military and commercial drones?
All monitoring of drones should take account of intent and form. There's a fundamental difference between a predator drone carrying missiles, fire-fighters flying a camera into a burning building and a quadro-copter given to a 12-year-old for Christmas. Drones able to kill should be controlled as weapons. Drones designed as a Christmas present for children can't work in that way.Beyond cameras and missiles, drones are currently marketed as containing IMSI catchers to intercept mobile phone calls and data. They can be a wi-fi base station, they can contain infra-red cameras, highly directional microphone arrays to single out noises and conversations or a blade to cut through materials. All this being said, there must be regulations on drones, and they have to be tailored to their intent and form. One-size-fits-all drone laws will not account for all their potential uses, each of which carry different risks.
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Absolutely. The scope for remotely operated surveillance devices capable of tracking an individual, via sight or electronic means (following the phone in your pocket), is significant. Depending on how they are deployed, we're not just talking about a drone that goes in to scout a crime. It's entirely possible that drones will become the new CCTV, except the surveillance will not be fixed to the wall, but be able to follow you around. How can you have a reasonable expectation of privacy if this is the case?What do you think of Mueller's words, "[drones are used] in a very, very minimal way; very seldom"?
Taking those words at face value, there seem to be two words missing from the end: "for now". Without proper oversight and effective monitoring, all technology is abused. As yet, drones have not received widespread use. It's only going to go in one direction from here.Mueller says that drones are being used "for surveillance". What do you think this means?
As I said, surveillance could mean many different things. One thing, however, is for certain: we would hope it involves a court order. But if the FBI isn't willing to say, that doesn't inspire confidence.What do you see for the future of domestic drone use?
Where law enforcement sees a benefit to a tool, they will generally find the money to use it. Drones are cheap compared to the technologies they replace. The lack of regulation of surveillance drones means that, at best, they will be ineffective and, at worst, they will be able to watch the population with little oversight for whatever purposes the government sees fit for the moment.
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