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Monday, December 31, 2012

Do Drones Fit Under Current Law?

Unmanned Aerial Vehicles -- drone aircraft -- grow more sophisticated and cheaper every day. The Obama Administration has amply proved their effectiveness as weapons, and drones continue to kill people in Yemen and Pakistan almost every week. The political and social impact of those strikes is changing the nature of the conflict in Afghanistan, with consequences military officials can not foresee with any accuracy.

As always, such developments have spread beyond their original use. Law enforcement and counterintelligence types now look forward to the day when they can fly drones in US skies to keep  an eye on what's happening in this country. This blog has discussed this possibility before, but the Times considered it again this week.

It's not obvious how drone surveillance fits into current American law. The US Supreme Court recently heard arguments about the use of drug-sniffing dogs, and the way it rules there may indicate how the current justices think about the concept of privacy. The drafters of the 4th Amendment did not envision the government looking at our "persons, papers and effects," and it';s not clear how drone surveillance would affect how "secure" we are in those things, anyway. Police drive back and forth along city streets all the time, and that is not considered an invasion of privacy;   if they watching from much farther away but with much better cameras, might that not be simply a more effective way of doing the same thing? Still, the idea is creepy.

But the main point is that once again life has outstripped law. Obama wants rules in place, and that's a start, but Congress and the courts need to get to work, too.

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