Popular Science: What the Justice Department’s New Drone Rules Mean for Your Privacy

Popular Science: What the Justice Department’s New Drone Rules Mean for Your Privacy by Kelsey D. Atherton:

More Paper Work for Special Agents, More Privacy for You

Announced Friday, the Department of Justice has some brand-new guidelines for how its agencies (the United States Marshals Service, FBI, DEA, and ATF) can use drones while still respecting the civil rights of American citizens. The guidance comes shortly after the publication of the Department’s drone use audit in March. Here are some highlights from the new guidance:

Police Drone Use Must Respect Civil Liberties

Like the rest of the Bill of Rights, the Fourth Amendment predates the existence of unmanned flying vehicles, but the guidance is explicit that its protections still apply, and dictate how the Department and its agencies may use drones. Specifically, it repeats that:

The Fourth Amendment protects individuals from unreasonable searches and seizures and generally requires law enforcement to seek a warrant in circumstances in which a person has a reasonable expectation of privacy. Moreover, Department personnel may never use UAS [Unmanned Autonomous Systems] solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution and laws of the United States.

The guidance goes on to emphasize that, just because drones are available, they aren’t always the best or most respectful tool for the job. It says: “Prior to using UAS, Department personnel must assess the relative intrusiveness of the proposed use of UAS, and balance it against the particular investigative need.”

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