Domestic Drones

ACLU | February 12, 2013

U.S. law enforcement is greatly expanding its use of domestic drones for surveillance. Routine aerial surveillance would profoundly change the character of public life in America. Rules must be put in place to ensure that we can enjoy the benefits of this new technology without bringing us closer to a “surveillance society” in which our every move is monitored, tracked, recorded, and scrutinized by the government. Drone manufacturers are also considering offering police the option of arming these remote-controlled aircraft with (nonlethal for now) weapons like rubber bullets, Tasers, and tear gas. Read the ACLU’s full report on domestic drones here.
Congress has ordered the Federal Aviation Administration to change airspace rules to make it much easier for police nationwide to use domestic drones, but the law does not include badly needed privacy protections. The ACLU recommends the following safeguards:
USAGE LIMITS: Drones should be deployed by law enforcement only with a warrant, in an emergency, or when there are specific and articulable grounds to believe that the drone will collect evidence relating to a specific criminal act.
DATA RETENTION: Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation or trial.
POLICY: Usage policy on domestic drones should be decided by the public’s representatives, not by police departments, and the policies should be clear, written, and open to the public.
ABUSE PREVENTION & ACCOUNTABILITY: Use of domestic drones should be subject to open audits and proper oversight to prevent misuse. WEAPONS: Domestic drones should not be equipped with lethal or non-lethal weapons.

In October 2012, the ACLU filed Freedom of Information Act requests with five federal agencies asking for their current practices and future plans regarding domestic drones. Click here for more information about the FOIA requests. Click here for information on the U.S. government’s use of drones overseas for targeted killings.

Read more