Share and speak up for justice, law & order…
The faint whirring of drones has become an increasingly familiar sound in our skies- a modern manifestation of technological progress. However, as these unmanned aerial vehicles multiply and their applications expand, the implications for public interactions and peace officer safety in California cities by 2030 are profound. Imagine a future where drones surveil urban landscapes, respond to emergencies, and monitor crowds, blurring the lines between protection and intrusion in the minds of those they seek to protect. Such a scenario raises critical questions about the balance between security and civil liberties and this burgeoning technology’s potential risks and benefits. As we embark on this journey into the unknown, examining the implications of expanded drone use and charting a course toward a future that prioritizes a balance of public safety and individual rights is imperative.
Issue
With the increasing capabilities of drones and their use by the police, how do we manage their ability to conduct public surveillance in addition to the normal scope of law enforcement activities? While drones offer undeniable advantages in terms of efficiency, cost-effectiveness, and data collection, their widespread deployment raises significant concerns regarding privacy, civil liberties, and the safety of both civilians and law enforcement officers. A study done by Saint Leo University shows that 73% of people surveyed are moderately or very concerned about using unmanned aerial vehicles (UAVs) in U.S. airspace due to privacy concerns (Sakiyama, 2017). Although the public expresses concerns about government surveillance, Pew Research surveys indicate that only 3% of U.S. adults understand current laws and regulations regarding data privacy (Auxier and Rainie, 2019). Integration of drones into everyday policing practices has the potential to fundamentally alter the dynamics of public interactions, introducing new challenges and opportunities that must be carefully navigated.
What People Are Doing About It
Law enforcement agencies, government bodies, civil liberties organizations, and technology developers are actively shaping the trajectory of expanded drones or unmanned aerial systems (UAS). According to journalist Jennifer M. Bentley, “UAS are regulated only by the FAA, although Congress has attempted several times to pass laws that either address privacy concerns at the federal level or delegate authority to regulate to the states, thereby limiting the FAA’s authority” (Bentley, 2019).
State and local governments are grappling with the regulatory framework surrounding drone use, seeking to balance public safety and individual rights. Legislative initiatives and regulatory guidelines are being developed to establish clear drone operation protocols, including privacy protection, data retention, and public disclosure (Lynch et al., 2016). For instance, states like California and Texas have been at the forefront of addressing drone-related privacy concerns and operational guidelines. California’s Assembly Bill No. 1327, for example, is one legislative effort that aimed to establish clear guidelines around the use of drones, including restrictions on surveillance activities, requirements for obtaining warrants, and measures to protect citizens’ privacy rights (Greenwood et al., 2022). Although legislation focuses on privacy issues, it is important not to exclude capabilities that significantly benefit public safety.
Many law enforcement agencies are embracing drones as valuable tools for surveillance, search and rescue operations, traffic management, and crime prevention. Some agencies have implemented pilot programs to test the feasibility and effectiveness of drone deployment in various scenarios, gathering data and insights to inform future strategies. Law enforcement agencies have utilized drones for search and rescue operations, traffic monitoring, and surveillance in high-crime areas. For instance, in March 2018, the New York Police Department (NYPD) used a drone to search for a man in an upper-story Brooklyn apartment who was perceived to have a gun during New Year’s Eve for the St. Patrick’s Day parade (Lindquist, 2022). The data collected from these pilot programs may include information on response times, coverage areas, and the cost-effectiveness of drone usage compared to traditional methods. Insights derived from the data inform resource allocation, operational planning, and community engagement strategies.
One primary leader in studying the drone issue is the U.S. Federal Aviation Administration (FAA). The FAA is leading the discussions regarding safety concerns, and the regulation of drones in national airspace. As such, they conduct research to assess safety, security, and operational aspects of drone integration (Government Accountability Office, 2023). Despite a growing body of regulatory efforts, concerns remain about the inherent capabilities of drones to spy on their communities by several individuals, including civil liberties organizations.
Privacy
To combat the illicit use of drones for unwarranted surveillance, civil liberties organizations such as the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) advocate for robust safeguards to protect individual privacy and constitutional rights (Greenwood et al., 2022). These groups are engaged in public education campaigns, legal challenges, and policy advocacy to ensure that the use of drones is subject to appropriate oversight and accountability mechanisms. Civil liberties advocates do raise valid concerns about the potential misuse of drone technology, particularly regarding privacy infringement and the destruction of individual rights, and those who develop and use them must consider this aspect of police use of drones as a part of any program.
Companies such as DJI, Parrot, and Skydio are at the forefront of developing drone technology with increasingly sophisticated capabilities, one of the privacy concerns. For instance, DJI’s drones have high-resolution cameras capable of capturing images and videos with remarkable clarity from great distances. Parrot’s drones boast advanced navigational systems and real-time data transmission capabilities, enabling precise and efficient surveillance operations. Skydio specializes in autonomous drones that utilize artificial intelligence to navigate complex environments and accurately track targets (Drone U, 2024). This equipment raises questions about the potential misuse of drone technology and highlights the importance of establishing clear regulations and ethical guidelines for its deployment.
Assessing How It’s Going
While drones offer valuable operational benefits, concerns remain about the potential for abuse and misuse of surveillance capabilities. Local police departments, federal law enforcement agencies (FBI and the Department of Homeland Security), and the National Security Agency (NSA) in the United States. have faced backlash from communities over perceived intrusions of privacy and violations of civil liberties, leading to calls for greater transparency and accountability. According to Bentley, “Privacy advocates like the ACLU, the Electronic Frontier Foundation (EFF), and the Electronic Privacy Information Center (EPIC) have warned that drones are capable of virtually eliminating privacy and creating a surveillance society” (Bentley, 2019). Government officials are progressing in establishing regulatory frameworks to govern drone use; however, balancing competing interests and addressing stakeholder concerns requires ongoing dialogue and collaboration among policymakers, law enforcement officials, and civil society organizations.
As an example of trying to achieve this balance, the Los Angeles Police Department recently held community meetings to address the benefits of UAVs and has implemented a plan to utilize drones only in high-risk situations (Bentley, 2019). Despite efforts like the LAPD’s, legal victories such as Florida v. Riley (1989) and advocacy efforts have resulted in adopting policies and procedures to safeguard individual rights and promote transparency in drone operations. Even as technology developers continue to push the boundaries of drone innovation, ethical considerations and societal implications remain.
Conclusions and Recommendations for the Future
As we look toward the future, it is clear that the expanded use of drones for the police will require thoughtful deliberation, proactive regulation, and ongoing dialogue among stakeholders (U.S. Department of Justice, n.d.). The following recommendations are proposed to mitigate potential risks and maximize benefits: 1) Establish Clear Legal and Ethical Guidelines, 2) Enhance Transparency and Public Engagement, and 3) Invest in Training and Education. It will be essential to develop comprehensive legislation and regulatory frameworks that define permissible uses of drones, establish data collection, retention protocols, and outline mechanisms for accountability and oversight (Bentley, 2019). In addition, fostering open dialogue and engagement with communities to ensure that the deployment of drones is transparent, accountable, and responsive to public concerns is vital. Implementing mechanisms for public reporting and review of drone activities, including data privacy protections and avenues for redress in cases of misconduct or abuse. Training should be provided to law enforcement officers on ethical, legal, and operational aspects of drone use, emphasizing respect for civil liberties and adherence to constitutional principles. Finally, educate the public about the capabilities and limitations of drones, empowering individuals to assert their rights and advocate for responsible governance of emerging technologies.
Moreover, fostering open dialogue and community engagement is essential to building trust and confidence in drone technology. Involving stakeholders in decision-making processes and soliciting their input can forge an inclusive, responsive path that reflects diverse perspectives. Additionally, investment in training and education is crucial to equip law enforcement officers and the public with the knowledge and skills necessary to navigate the complexities of responsible drone use. We can empower individuals to assert their rights, advocate for accountable governance, and contribute to drones’ ethical and equitable deployment through training programs and public awareness campaigns.
Conclusion
The journey to understand the potential of drones while safeguarding individual rights and public safety is countered by ethical, legal, and practical considerations. As drones become increasingly prevalent in our skies, we must uphold the principles of transparency, accountability, and respect for civil liberties. We must ensure that the deployment of drones is guided by clear legal and ethical guidelines rooted in principles of justice, equality, and human dignity. If we fail to ensure that clear legal and ethical guidelines dictate the deployment of drones, the outcome could be disastrous. Without proper regulations, there is a risk of drones being used carelessly, leading to violations of privacy, increased surveillance, and potential harm to individuals and communities. We must act now to establish powerful legal and ethical frameworks to govern the responsible use of drones, safeguarding both our rights and our future.
Todd Samuels is a Captain for the Pomona Police Department in Southern California. He has served in various assignments, including Professional Standards (Internal Affairs & Training/Recruitment Bureau) and the Investigation Division. Captain Samuels holds a bachelor’s degree in criminal justice/ business management and graduated from the Sherman Block Leadership Institute (SLI). He will graduate from POST Command College in July 2024.
Works Cited
Auxier, B., & Rainie, L. (2019, November 15). Key takeaways on Americans’ views about privacy, surveillance and data-sharing. Pew Research Center. https://www.pewresearch.org/short-reads/2019/11/15/key-takeaways-on-americans-views-about-privacy-surveillance-and-data-sharing/
Greenwood, F., Villasenor, J., Bennett, W. C., Darrell M. West, J. R. A., West, D. M., McGwire, M., Darrell M. West, J. B. K., Darrell M. West, N. T. L., & Nicol Turner Lee, T. W. (2022, March 9). Drones and aerial surveillance: Considerations for Legislatures. Brookings. https://www.brookings.edu/articles/drones-and-aerial-surveillance- considerations-for-legislatures/
Jennifer M. Bentley, Policing the Police: Balancing the Right to Privacy Against the Beneficial Use of Drone Technology, 70 Hastings L.J. 249 (2019). Available at: https://repository.uchastings.edu/hastings_law_journal/vol70/iss1/6
Lindquist, J. (2022, October 28). News and events: How U.S. police departments are using drones. Kustom Signals Inc. https://kustomsignals.com/blog/how-us-police-departments-are-using-drones
The top 25 drone companies in 2024. Drone UTM. (2024, February 19).
https://www.thedroneu.com/blog/top-drone-companies/#1_DJI
United States Government Accountability Office. (2023). FAA Should Improve Its Approach to Integrating Drones into the National Airspace System.
Rodriguez, N., Spivak, H., Tillery, C., Greene, M., & O’Shea, M. (2016). Considerations and Recommendations for Implementing an Unmanned Aircraft Systems (UAS) Program. NATIONAL INSTITUTE OF JUSTICE REPORT.
Sakiyama, Mari, “The Balance Between Privacy and Safety in Police UAV Use: The Power of Threat and Its Effect on People’s Receptivity” (2017). UNLV Theses, Dissertations, Professional Papers, and Capstones. 3166. http://dx.doi.org/10.34917/11889745
U.S Department of Justice. (n.d.). A Report on the Use of Drones by Public Safety Agencies- and a Wake-up Call about the Threat of Malicious Drone Attacks . Police Executive Research Forum.https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0894-pub.pdf
Share and speak up for justice, law & order…
Source: www.lawofficer.com