aerial surveillance affirmative - northwestern 2015.docx

7/25/2019 Aerial Surveillance Affirmative - Northwestern 2015.docx

1/76

Aerial Surveillance 1AC


2/76

Plan

The Supreme Court of the United States should rule thatdeploying domestic drones for surveillance purposes is

unconstitutional under the Fourth Amendment.


3/76

Advantage One: The Surveillance State

Federal regulations on data collection from aerial surveillanceis lacing and easily circumvented ! violation of privacy rights

"ill only continue to gro" as use of drones e#pand$e" %or Times &'1( (The Editorial Board, The editorial board is composed of19 journalists with many dierent areas of expertise, who write the Times'seditorials and are part of the Times's editorial department !"e#ulatin# the $roneEconomy!, %ew &or Times, ebruary 19, )*1+,http--wwwnytimescom-)*1+-*)-19-opinion-re#ulatin#.the.drone.economyhtml/

0r*2 3adiyar4r 5bama6s action on drone use by #o7ernment a#encies ismuch more problematicor example, the president6s memorandum says the #o7ernment should not retainpersonally identi8able information collected by drones for more than 1* days Buta#encies can eep the data for lon#er if it is :determined to be necessary to anauthori;ed mission of the retainin# a#ency< = a standard that #rants o>cials far too

much latitude 4oreo7er, the administration says a#encies ha7e to pro7ide only a :#eneralsummary< of how they use drones, and only once a year ?aw enforcement a#encieslie the B@ and local police departments are already usin# drones and manned aircraft forsur7eillance, often without obtainin# warrants, but they ha7e said little publicly aboutwhat they are doin# with the information collectedAThe use of drones is liely to#row, and the de7ices could become as common as utility and deli7ery trucs t the dawn of this technolo#y,it6s appropriate to set sound safety and pri7acy rules

Scenario One: )ultilateralism

Codifying the right to data privacy is ey to *roadermultilateral e+orts.

,ygrave &-1- ?ee, 3rofessor . %orwe#ian "esearch Center for Computers and?aw :3ri7acy and $ata 3rotection in an @nternational 3erspecti7e< Dtocholm@nstitute for Dcandina7ian ?awhttp--wwwuiono-studier-emner-jus-jus-FD+GH*-71H-under7isnin#smateriale-pri7acy.and.data.protection.in.international.perspecti7epdf+1 @nternational @nstruments

The formal normati7e basis for data protection laws deri7es mainly from catalo#uesof fundamental human ri#hts set out in certain multilateral instruments, notably theFni7ersal $eclaration of Iuman "i#hts (F$I"2,) the @nternational Co7enant onCi7il and 3olitical "i#hts (@CC3"2H alon# with the main re#ional human ri#htstreaties, such as the European Con7ention on Iuman "i#hts and undamentalreedoms (ECI"2J and the merican Con7ention on Iuman "i#hts (CI"2+ll of these instruments K with the exception of the frican Charter on Iuman and3eople6s "i#htsG K expressly reco#nise pri7acy as a fundamental human ri#htL

The omission of pri7acy in the frican Charter is not repeated in all human ri#htscatalo#ues from outside the Mestern, liberal.democratic sphere or example, theCairo $eclaration on Iuman "i#hts in @slam expressly reco#nises a ri#ht topri7acy for indi7iduals (see rticle 1(b2 K (c22

The ri#ht to pri7acy in these instruments is closely lined to the ideals andprinciples of data protection laws, thou#h other human ri#hts, such as freedom from


4/76

discrimination and freedom of expression, are rele7ant too The special importanceof the ri#ht to pri7acy in this context is reNected in the fact that data protectionlaws freOuently sin#le out protection of that ri#ht as central to their formalrationale9 @t is also reNected in case law de7eloped pursuant to @CC3" rticle1L and ECI" rticle both pro7isions ha7e been authoritati7ely construed as

reuiring national implementation of the basic principles of data protection

laws with respect to both the public and pri7ate sectors9* @ndeed, these pro7isionsfunction, in eect, as data protection instruments in themsel7es Iowe7er, case lawhas yet to apply them in ways that add si#ni8cantly to the principles already foundin other data protection laws, and, in some respects, the protection they arecurrently held to oer, falls short of the protection aorded by many of the latterinstruments91

/e0ection of multilateral principles is the "orst impact !guarantees massive glo*al "arsCommander Scott 1997 (Judge Advocate Generals Corps, US Navy, Assistant egal Adviser, US

!uropean Command, "ilitary a# $evie#, %cto&er, 1' "il) ) $ev) *7+

uti-ul o&edience to t.e ra# aut.ority o- rules and regulations, .o#ever, is not t.e c.ie- motivation -or compliance #it. treaties) National sel-/interest

motivates t.e promotion o-reciprocal o&servance o- international commitmentsgenerally) Sel-/interest in t.e sta&ility o- e0pectations is

t.e cornerstone o- t.e doctrine o- pacta sunt servanda) n2 3- treaties #ere 4ustso many pieces o- paper, to &e .onored #.en

convenient, -oreign investments and property, t.e glo&al -lo# o- money, access to -oreign resources and

-oreign mar5ets-or our products, status o- -orces agreements, t.e protection o- em&assies and -oreign ministers, -reedom o- navigation, -lig.t

sa-ety, t.e regulation o- trans&oundary pollution, cultural e0c.anges//all organized international activity would be

jeopardized) n1 3nternational interests #ould depend on t.e #.im o- t.e moment and t.e #illingness

o- states to enforce their interests with weapons) 3- t.e #orld seems a violent, disorderly place today, it

would be apocalyptic in the return of a "Force as Fact" milieu) 6.e e--icacy o- a universal commitment to peace-ulrelations s.ould not &e measured &y t.e num&er o- -ee&le de-ectors, &ut &y t.e greater num&er o- po#er-ul ad.erents) .en discussing de-ectors, strategists s.ould not

&e too 8uic5 to advocate a convenient solution #.ic. ignores glo&al conse8uences) $esort to martial solutions -or every &rus.-ire du

4our must &e measured against t.e certain collapse o- #.atever interstate -ire&rea5s .old &ac5 t.ereal :;ing

tec.nology) .en t.e gloves come o--, t.ey #ill come o-- in all corners, in arenas around t.e #orld) S.ould

t.e United States trade today?s .and-ul o- recalcitrant states and net#or5s o- petty su&state criminals

-or a nation/to/nation order #.ere -orce returns as t.e norm@ 6.e capacity o- nation/states to mo&ili>e resources -or dedication to#ar -ar e0ceeds t.e capacity o- su&state t.reats catalogued &y t.e ne# alarmists it is t.e di--erence &et#een coc5-ig.ts and cataclysms) 3t is tempting to measure t.e

ris5s and re#ards o- a -orce/&ased environment &y comparing current U)S) military mig.t to t.e capa&ilities o- ot.er nations) 3- t.e United States could

al#ays prevail under -orce/&asedground rules, #.y not &end or c.ange t.e rules to ma0imi>e our

advantage@ .y dic5er #it. Buc5 #.en #e can -orce .im to #.ite#as. at gunpoint@ 6.is&ully perspective overloo5s t#o

conse8uenceso- a -orce/&ased environment (1+ Dorceor displays o- -orce #ould &e re8uired #it. increasing frequency to

o&taininternational o&4ectives, diverting resources -rom economically productive peacetime activities) 6.e

result #ould &e similar to British imperial militarism n* or e0.austed isolationism)(*+ 6.e United States is not t.e

only country in t.e #orld a -orce/&ased #orld order #ould lead to explosive arms buildups

everywhere and regional conflicts suc. as t.ose t.at precipitated t#o orld ars)


5/76

Scenario T"o: Terrorism

Uncheced surveillance *y the state "ill only e#acer*ate theharms that "e are trying to prevent ! it "ill create increasedresentment "hich "ill lead to more violence and terrorism

,auer 1 P4ax K C?F of 4assachusetts, :$omestic $rone Dur7eillance Fsa#eThreats and 5pportunities for "e#ulation,< C?F, L-1+,https--pri7acysosor#-domestic0dronesQ Rhan#Beyond its technolo#ical Naws, sur7eillance technolo#y is exorbitantly expensi7e#i7en its remarable ineecti7eness bipartisan Denate committee report concluded the fusion centers around thecountry, implemented to con#lomerate federal and local law enforcement resources to 8#ht terrorism, PJJQ do not pro7ide useful intelli#ence PJ+Q @nthe words of Denator Tom Coburn, :@nstead of stren#thenin# our counterterrorismeorts, they ha7e too often wasted money and stepped on mericans6 ci7illiberties< S E7en without the presence of drones, the sprawlin# dimensions of thesur7eillance state are 7astly unprecedented "esearch by ohn 4ueller and 4ar Dtewart noted in )*1) thathomeland security expenditures ha7e exceeded U1 trillion since the Deptember 11 attacs S ccordin# to a )*1* report by the Mashin#ton 3ost, e7eryday the %ational Decurity #ency intercepts 1L billion emails and other communications PJ9QS But despite all the costly data sur7eillance and sharin#,

e7ents lie the Boston 4arathon bombin# are still liely to occur P+*Q ollowin# the )*1* attempted Times DOuare bombin#, one security

expert wrote :Cameras won6t help They don6t pre7ent terrorist attacs, and theirforensic 7alue after the fact is minimal< @n contrast to 7ast sums of money bein#spent on pre7ention, the actual lielihood of a terrorist attac is exceedin#ly smallP+)Q ollowers of merican counterterrorism policy ha7e obser7ed that the FnitedDtates has o7erreacted P+HQS Constant drone sur7eillance could be the next symptomof this panicS inally, 5rwellian measures ha7e the potential to exacerbate thesecurity problem by pro7oin# resentment a#ainst the #o7ernment P+JQThere ise7idence that the worst.case scenario is already happenin# in the process of tryin#to 8#ht terrorism, the #o7ernment can exacerbate the terrorism problem bycreatin# new enemies

Terrorism causes e#tinction.

%athan )yhrvold 2133hd in theoretical and mathematical physics from3rinceton, and founded @ntellectual Ventures after retirin# as chief strate#ist andchief technolo#y o>cer of 4icrosoft Corporation , uly )*1H, !Dtrat#ic Terrorism Call to ction,! The ?awfare "esearch 3aper Deries %o),http--wwwlawfareblo#com-wp.content-uploads-)*1H-*L-Dtrate#ic.Terrorism.4yhr7old.L.H.)*1HpdfDe7eral powerful trends ha7e ali#ned toprofoundly chan#e the way that the world wors

Technolo#yAnow allows stateless #roups to or#ani;e, recruit, and fund Athemsel7esin an unprecedented fashionThat, coupled Awiththe extreme di>culty of8ndin# andpunishin# a stateless #roup, means that stateless #roups are positioned to be Aleadplayers on the world sta#eThey may act on their own, Aorthey may act as proxies fornation.states that wish to Aduc responsibility Either way, stateless #roups are forces Ato bereconed withAt the same time, a dierent set of technolo#y trends Ameans that small numbersof people can obtain incredibly Alethal power%ow, for the 8rst time in human history, a Asmall#roup can be as lethal as the lar#est superpower Duch Aa #roup could execute an attac thatcould ill millions of Apeople @t is technically feasible for such a #roup to ill billionsof people,to end modern ci7ili;ation=perhaps e7en Ato dri7e the human race to extinction 5ur defenseestablishment was shaped o7er decades to Aaddress what was, for a lon# time, the only strate#ic threat Aournation faced Do7iet or Chinese missiles 4ore recently, Ait has started retoolin# to address tactical terror attacs

lie Athose launched on the mornin# of 9-11, but the reform Aprocess is incomplete and inconsistent realdefense will AreOuire rebuildin# our military and intelli#ence capabilitiesfrom the #round
http://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdfhttp://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdfhttp://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdfhttp://www.lawfareblog.com/wp-content/uploads/2013/07/Strategic-Terrorism-Myhrvold-7-3-2013.pdf


6/76

up &et, so far, strate#ic terrorism has Arecei7ed relati7ely little attention in defensea#encies, andAthe eortsthat ha7e been launched to combat this existential threat seemfra#mentedAIistory su##ests what will happen The only thin# that shaes mericaout of complacency is a direct threat from a determined ad7ersary that confronts uswith our shortcomin#s by repeatedly attacing us or hectorin# us for decades

Scenario Three: 4ehumani5ation

Creating a state "here privacy is non6e#istent ushers intotalitarianism3 undermining our democratic state,uro" &-1(4atthew K $ candidate W %ew En#land Dchool of ?aw, :TheDentinel Clouds abo7e the %ameless Crowd 3rosecutin# nonymity from $omestic$rones


7/76

and an eecti7e way of eepin# the peaceThe mere thou#ht of detection may eepstreets safer and potential criminals at bay Iowe7er, the impact on cherisheddemocratic ideals may be too se7ere or example, in a case re#ardin# the constitutionally 7a#ue cityordinance that prohibited !ni#htwalin#,! ustice $ou#las commented on the importance of public 7itality andlocomotion in merica The di>culty is that Pwalin# and strollin#Q are historically part of the amenities of life as weha7e nown them They are not mentioned in the Constitution or in the Bill of "i#hts These unwritten amenitiesha7e been in part responsible for #i7in# our people the feelin# of independence and self.con8dence, the feelin# of

creati7ity These amenities ha7e di#ni8ed the ri#ht of dissent and ha7e honored the ri#ht to be nonconformists andthe ri#ht to defy submissi7eness They ha7e encoura#ed li7es of hi#h spirits rather than hushed, suocatin# silence

1H s ustice $ou#las understood, #o7ernment sur7eillance stiNes the cherished ideal of anmerican society that thri7es on free.spiritedness in publicH9 Mithout the ri#ht towal the streets in public, free from the fear of hi#h sur7eillance, our merican7alues would dissipate into that resemblin# a totalitarian state that attacs the ideaof pri7acy as immoral, antisocial and part of the dissident cult of indi7idualism1J*

This form of dehumani5ation 0usti7es the "orst type ofatrocities,uro" &-1(4atthew K $ candidate W %ew En#land Dchool of ?aw, :The

Dentinel Clouds abo7e the %ameless Crowd 3rosecutin# nonymity from $omestic$ronescial term used by FD authorities whenhumans are illed by drone missiles P@Qt is deliberately employed as a psycholo#icaltactic to dehumanise tar#ets so operati7es o7ercome their inhibition to ill @t wasIitler who coined this phraseolo#y in %a;i ermany durin# the Iolocaust@n 4ein Yampf,Iitler refers to ews as 7ermin (7olsun#e;iefer2 or parasites (7olsschtidlin#2 @n the infamous %a;i 8lm, $er ewi#e ude, ews were

portrayed as harmful pests that deser7e to die Dimilarly, in the "wandan #enocide, the Tutsis weredescribed as !cocroaches!This is not to infer #enocidal intent in FD drone warfare,

but rather to emphasise the dehumanisin# eect of this terminolo#y in %a;iermany and that the 7ery same terms are used by the FD in respect of their 3aistani tar#ets)H1 Mill ohn and ane $oe.the casual saunterer.become part of the next #roup ofbu#s that must be swatted in the name of eecti7e law enforcement/@n answerin# thatOuestion, we should loo to the sies once a#ain and pray to the better an#els of ournature for a worthy answer


8/76

Advantage T"o: 8udicial 4eference

8udicial deference high no" due to era of terrorist threats !Court giving 9#ecutive ,ranch carte *lanche in areas of

surveillance,rand and uiora 1;(erey D, $, $ean Emeritus and 3rofessor of ?aw,$irector Center for ?aw and lobal ustice, Fni7ersity of Dan rancisco Dchool of?aw, and mos %, 3h$, 3rofessor of ?aw, D Zuinney Colle#e of ?aw, Fni7ersity ofFtah, Co.$irector, Center for lobal ustice, The Dteep 3rice of Executi7e 3ower 3ost9-11 "eclaimin# 5ur 3ast to @nsure 5ur uture, an )L, )*1+,http--wwwlawutahedu-the.steep.price.of.executi7e.power.post.911.reclaimin#.our.past.to.insure.our.future-2 harshitha

@t is no surprise that the Deptember 11th attacsK which illed H*** ci7ilians, reduced the MorldTrade Center to molten steel, and left a #apin# hole in the 3enta#on K ushered in an era of relentlesspursuit of suspected terrorists, includin# ramped up sur7eillance, detention and

interro#ation, and the use of technolo#ically ad7anced weaponryAMhat is alarmin#, if not surprisin#,howe7er, is the de#ree to which 9-11 produced FD counterterrorism measures thatincludethe warrantless monitorin#of hundreds of millions of phone calls, systematic use of ille#al andimmoral torture, and the conduct of a faceless drone oensi7e whose le#ality andmorality are mury, at bestAThe FD #o7ernment6s response to the e7ents of Deptember11th exposes a fundamental weaness in the state of merica6s )1st centurydemocracy The unrestrained use of power by the Executi7e Branch in the name ofnational security, and the total absence of any semblance of the separation ofpowers or checs and balances that our oundin# athers deemed critical to thesur7i7al of the "epublicA The breathtain# scope of merica6s post 9-11 is well documentedA)**+

The %ew &or Times reports the existence of Dtellar Mind, a pro#ram in which the Bushdministration monitors millions and millions of phone calls in the Fnited DtatesA)*1) joint study from %&F

and Dtanford concludes that FD drone attacs are not :sur#ically precise< as claimedX by)*1J, the 3enta#on launches its own in7esti#ation, concerned that nearly one.thirdof drone stries are illin# innocent ci7iliansA )*1JThe Denate Delect Committee on@ntelli#ence releases its study of the C@6s detention and interro#ation pro#rams,describin# in horrifyin# detail policiesthat include prisoners subjected to rectal feedin#,waterboardin#, han#in# by their wrists, con8nement in co>ns, sleep.depri7ation, threatened with death or brutallybeatenA$ays after the report6s release, in a stunnin# editorial, the %ew &or Times demands that the Fnited Dtatescome to terms with :le#al and moral abhorrence< by appointin# a special prosecutor to in7esti#ate :a 7ast criminal

conspiracy, under color of law, to commit torture and other serious crimes


9/76

American 8urisprudence is modeled "orld"ide to maintain therule of la"?T?CS P/?$C9TO$6&--@ K DD@DT%T 3"5 35?@T@CD3"@%CET5%THE GLOBALIZED JDICIA!", TIE 55$ D5CE@T&, V5?F4 1H %5 HDcholars of the emer#in# #lobali;ed judiciary ha7e described a process that loos 7ery much lie that ofbureaucratic formation at wor amon#st jud#es around the world @n chartin# the de7elopment of transnational

judicial networs and support structures, nne.4arie Dlau#hter,ndrew D Tulumello, and Dtepan Mood ha7esu##ested that !a wide ran#e of possibilities exist for stren#thenin# formal andinformal lins between international and domestic institutionsin ways that blurthe distinction between international and domestic law !Ls this process de7elops, she and her co.authors add,

!it is possible that domestic institutions will become more interested in and recepti7e totheir counterpart international institutions as they be#in to perform the samefunctions hori5ontally rather then vertically.! nd, indeed, this is precisely what they obser7ehappenin# amon#st jud#es !$omestic jud#es,at least in the United States,! they add, !arebe#innin# to articulate their responsibility to 'help the world's le#al systems "ortogether3 in harmony3 rather than at cross purposes.2Duch cooperation includesnot only procedural mechanisms of deference and colla*oration3but also substanti7e

e7aluation of the de#ree of con7er#ence between domestic and forei#n law!This cooperation has beenmade possible by !a deep sense of participation in a common #lobal enterpriseof jud#in#!!@t Pin7ol7esQ,! Dlau#hter asserts, !a 7ision of a glo*al community of la"3established not by the orld Courtin the Ia#ue,but by national courts "oringtogether around the "orld.B9BConstitutional cross6fertili5ation3Bas Dlau#htercalls its, is a crucial part of this trend.

Collapse of rule of la" leads to e#tinction.$AA$6/esearch Scholar Prof U Florida61K "EDE"CI DCI5?" 3"5F ?5"@$LA#"E! !OLE$% IDENTIT"% AND !O'E$$IONAL !E$ON$IBILIT", 1H ? @%T6? ?1H1

?awyers may be critical !en#ineers! in the restructurin# of command, corrupt andine>cient economies This is because #o7ernance that honors a minimal rule ofla" concept will prescribe rules for transparency3 accounta*ility andresponsi*ility.These !7alues! are criticalfor worin#, eecti7e marets Iow aresuch economies in fact bein# reor#ani;ed/ @n other words what exactly will be therole of lawyers in the new 7ision of #lobal economic order/ The emphasis on lawyerroles in de7elopment should not obscure the challenge forlawyer roles for otherpro*lems inherent in the concept of glo*alism.These are listed for the sae ofbre7ity as follows ?aw and lo*al apartheid or glo*al poverty (de7elopment,po7erty, income distribution, economic eOuity, population policy, etc2 ?aw and thelo*al Pu*lic =ealth Crisis =?D'A?4SE ?aw, emer#in# marets and the trendto"ard Bharmoni5ationB ?aw and 3roliferation and threat of nuclear arsenals

?aw and the #lobal war system arms race3 armed conict3 ethnic conict3etc2P\1J1Q ?aw and basic human ri#hts (the epidemic of #ross abuse of human ri#htsand human atrocity2 ?aw and glo*al constitutional order ?aw and the crisis ofthe rule of law (failed states3 corrupt states3 drug controlled states3terrorists states3 garrison states3 authoritarian states3 totalitarian statesE1)
http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT7http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT7http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT8http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT8http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT9http://www.lexis.com/research/retrieve?_m=f6a505156cf8833a12ea6646be9370b2&docnum=12&_fmtstr=FULL&_startdoc=1&wchp=dGLzVlz-zSkAz&_md5=496134aa04412f00a2c46f37890bc60d#n12http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT7http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT8http://muse.jhu.edu/journals/good_society/v013/13.3kersch.html#FOOT9http://www.lexis.com/research/retrieve?_m=f6a505156cf8833a12ea6646be9370b2&docnum=12&_fmtstr=FULL&_startdoc=1&wchp=dGLzVlz-zSkAz&_md5=496134aa04412f00a2c46f37890bc60d#n12


10/76

Solvency

Federal action reuiring "arrants ey to solving ! state actiontoo inconsistent

Candice ,ernd, )-)J-1;, (Candice Bernd, an assistant editor-reporter withTruthout, :3roposed "ules "e#ulatin# $omestic $rone Fse ?ac 3olice Marrant"eOuirementcials seein# to deploy domestic drones for sur7eillancepurposes!The fact that Pthe memoQ lea7es that to the discretion of each a#ency could be a concern down theline if the a#ency decides not to adopt that reOuirement,! uliani said 4any state, federal a#enciesand corporations are already usin# domestic drones, with more than * law enforcementa#encies ha7in# applied for a special !Certi8cate of uthori;ation! from the to use FD since )** Mhile the

Mhite Iouse directi7e is aimed at addressin# federal a#encies, many states are still #rapplin# withhow to re#ulate the use of domestic drones 4ore than a do;en states ha7e enactedle#islation re#ulatin# domestic drone use, while more than half of all states ha7e introduced le#islation re#ardin#

domestic drones, with a majority of those bills as well as already.enacted le#islation reOuirin# lawenforcement a#encies to obtain a probable cause warrant before a drone can bedeployed But in the states that ha7e enacted le#islation, the laws 7ary widely andestablish inconsistent standardsDtates such as Texas, for example, restrict domestic drone use, butthe le#islation contains so many exemptions for law enforcement a#encies the C?Fha7e called it !an outlier! in terms of protectin# pri7acy 4eanwhile states such as lorida, 5re#on, @llinois, 4ontana

and Tennessee reOuire a warrant for law enforcement use in nearly all cases !That there are states thatha7e looed at, and ha7e adopted that warrant reOuirement, maes the omission inthe presidential memo e7en more ob7ious,! uliani said Mith no national le#islationre#ulatin# domestic drone use, inconsistent and 7aryin# standards by which law

enforcement a#encies and corporations can deploy FD in states, and the #larin#omission of a warrant reOuirement at this point in the Mhite Iouse's #uidelines, adan#erous loophole remains present in which law enforcement a#encies, andpotentially corporations, in only a couple of years, can deploy FD in masse toconduct sur7eillance on ci7ilians who ha7e not been char#ed with any crime Butbeyond the immediate concerns about domestic drone use, when we loo at how drones may be inte#rated withother forms of nascent police sur7eillance technolo#y, an e7en more 5rwellian picture of the future of domestic

drones be#ins to emer#eMith loopholes in national and state standards re#ulatin# FD,law enforcement a#encies could potentially be able to use in7asi7e police sur7eillancetechnolo#ies in conjunction with FD to obtain information on lar#e numbers ofpeople that they otherwise wouldn't be able to obtain without a warrant !The factthat drones now ha7e also been combinin# with other forms of technolo#y creates

e7en a lar#er pri7acy ris,! uliani says !@ma#ine if there was a drone that was also combinedwith facial reco#nition technolo#y drone Nyin# o7erheadcould identify lar#e numbers ofpeople and be tracin# their mo7ements! leadin# manufacturer of the !Dtin#"ay!sur7eillance technolo#y, used by federal a#encies and municipal police departmentsalie to sweep up 7ast numbers of cell phone records from people who are simply inthe radius of a tar#eted suspect,has already de7eloped a it to deploy the technolo#y on aerial7ehicles and unmanned aerial 7ehicles This type of deployment may become the next lo#ical step for the industry

The use of Dtin#"ay technolo#y as it currentlystands isalready incredibly secreti7e, with policedepartments and manufacturerssuch as Iarris Corporation concealin# their use of the


11/76

phone.tracin# eOuipment from the courts throu#h the use of non.disclosurea#reementsThe $epartment of Iomeland Decurity's FD Customs and Border 3rotection and the B@ alreadyuse planes and drones in areas that are more than 1** miles of the 4exican border to conduct aerial sur7eillance,and #o7ernment a#encies ha7e been re7ealed to ha7e been usin# Cessna planes out8tted with Dtin#"ay technolo#y

to trac suspectsThe B@ has been resistant to answer e7en lawmaers' Ouestions abouthow many drones it operates and how often they are used !@t is both technolo#ically possibleand by no means a leap to ima#ine that once the appro7es broader use of drones within the FD by lawenforcement, Plaw enforcement o>cialsQ may put Dtin#"ays on them,! said %athan reed Messler, a sta attorney

with the C?F's Dpeech, 3ri7acy and Technolo#y 3roject, and an expert on Dtin#"ay technolo#y FD ha7e alsobeen out8tted with thermal sensin# technolo#ies to produce heat maps of peopleinside buildin#s 5ther ad7ocates worry if domestic drones are deployed as a platform for pro7idin#temporary internet ser7ice to consumers, it could potentially #i7e corporate drone operatorsaccess to the internet data of those consumers and threaten net neutrality !@f internetcompanies were to deli7er internet ser7ice in hard.to.reach places, which would be a #ood thin#, would theythen be collectin# information in lar#e Ouantitiesand would that information then be somethin#that their contacts would then ha7e access to/! ased $rew 4itnic who is junior policy counsel at ccess, anor#ani;ation dedicated to issues of internet freedom @t's Ouestions lie this that the %ational Telecommunicationsand @nformation dministration has been ordered by the Mhite Iouse to answer in a collaborati7e process,alon#side ci7il society and industry #roups, to de7elop #uidelines for commercial drone use

Fourth Amendment ruling ey ! the doctrine reuires a set ofrules for the regulation to follo"Solove &--;P$aniel K ourth mendment professor, :Yerr's 4is#uided Call for

udicial $eferencecult weatherconditions, the #round control pilot would be at a disad7anta#e becausehe or she is remo7ed from the e7entFnlie a manned pilot, the remote pilot would not be able to assess importantsensory information such as wind speed1LThe ey component of 5peration Dafe#uard was to identify potential threatscrossin# the southern border ille#ally The sur7eillance capabilities of FVs eOuipped with only an E.5 camera and orward ?ooin# @nfrared "adar (?@"2

sensor ha7e been limited in the past by poor weather conditionsCloudy conditions and hi#h humidity climatescan distort the ima#ery produced by E5 and ?@" eOuipment lthou#h the 3redatorB is operatin# in the low.humidity en7ironment of the Douthwest, the eects ofextreme climatic or atmospheric conditions on its sensors reportedly can bemiti#ated if $ID decides to out8t the 3redator B with a synthetic aperture radar(D"2 system1 "adars can produce hi#h resolution ima#ery in inclement weather

The ability of D" to function durin# ad7erse weather conditions sets it apart fromoptical or infrared systems19 Iowe7er, its ability to trac mo7in# tar#ets is limitedThis limitation can be miti#ated by accompanyin# D" with mo7in# tar#et indicator (4T@2 radar technolo#y ddin# D" and 4T@ to the 3redator B6splatform could si#ni8cantly enhance its operational capability for border missions By addin# D" and 4T@ to the FV platform, howe7er, the costs of usin#

FVs on the border would increase
http://www.dtic.mil/dtic/tr/fulltext/u2/a477727.pdfhttp://www.dtic.mil/dtic/tr/fulltext/u2/a477727.pdf


25/76

)ilitants can hac drones at a lo" cost666 "e have noprotections=arvard >a" School $ational Security 8ournal &-1- (Iar7ard ?awDchool %ational Decurity ournal, !%D nalysis @ncreasin# Fse of Fnmanned $rones

"aises $ata Decurity @ssues!, ebruary )), )*1*, http--har7ardnsjor#-)*1*-*)-nsj.analysis.increasin#.use.of.unmanned.drones.raises.data.security.issues-2

$rones raise uniOue security issues as their data streams, and possibly controlstreams, must be secured Fnlie a manned airplane controlled from a cocpit and#enerally in7ol7in# a closed system of control, a drone is often remote.controlled

throu#h a two.way data stream carried o7er sometimes thousands of miles Such

data streams can *e vulnera*le to hacing , lie any computer networ

ccordin# to the Mall Dtreet ournal, in $ecember )**9, militants in @raO were ableto hac a drone6s 7ideo feed usin# low cost o.the.shelf software Mhile there wasno e7idence that the militants were able to tae control of the drone, they were ableto download and see the drone6s 7ideo feed, perhaps allowin# them to e7ade FDoperationsAThe star dierence between resource reOuirements between themilitant hacers and the FD military is tellin# Mhile "eaper drones lie the onehaced can cost o7er U1* million, the militants used a computer pro#ram that costaround U)+ The low cost of the pro#ram allows militants to proliferate the softwareand thereby increase the dan#er that drones can be haced and their 7ideo feedswatched by enemy forcesAThe ability of militants in @raO to hac drone 7ideo feedsshould be cause for concern, especially as far more ad7anced military forces suchas "ussia and China ha7e extensi7e cyber.warfare capabilities Mhile @raOi militantsrelied on cheap software to capture a 7ideo feed, other states6 capabilities couldconcei7ably allow a forei#n force to hijac a drone, either to alter the mission orcrash the drone before the mission can be completed @ncreased reliance on dronewarfare will also increase the opportunities for enemy cyber.warfare units to hac orhijac the unmanned 7ehiclesA FD drone 7ulnerability stems from the fact thatonce a drone is far from its base, satellite uplins are necessary to lin the drone tothe base Duch uplins are 7ulnerable to hacin#, unless the data stream isencrypted But the drones6 data stream is unencrypted, and unless si#ni8cantexpenditures are made to add encryption to the proprietary satellite technolo#y, the7ulnerability will remain The unencrypted data stream 7ulnerability carries o7er toother FD satellite tra>c, as a )**+ C@ report describes Mhile the control datastream of drones is encrypted, the ability of enemies to access FD droneintelli#ence seriously undermines the ability of the Fnited Dtates to use thatintelli#ence for mission purposesA FD drone 7ulnerabilities ha7e been nown to theFD military since at least the 1999 &u#osla7 war Mhether it was bureaucraticindierence or inertia, the problem was not addressed 4ost worryin#, FDcommanders may ha7e seriously underestimated the in#enuity and technicalpro8ciency of militants @f this is so, it must be hoped that the same commanderswill not continue to underestimate the threat to drone data.#atherin# and control

posed by a lac of data stream security Only *y addressing this security hole

can the ever6gro"ing drone force *e considered a fully functional "eapon

of "ar3 useful in all possi*le conicts and "ith a varied mission pro7le.


26/76


27/76

AT: 4rones ood ! ar on 4rugs

4rones not needed for drug "ar ! the amount of drugs they areresponsi*le for 7nding is less than .-1N of our total sei5ures

Stamey3 1@PBarcley, %a7y ?ieutenant Commander, 4asters of rts $e#ree inDecurity Dtudies :$54EDT@C E"@? DF"VE@??%CE %$ I54E?%$ DECF"@T&ce of ir and 4arine (542, drones are extremely maintenance intensi7e, costmore to operate than traditional means, and are often una7ailable to assist bordera#ents because $ID has farmed them out to other entities such as the B@11 Dincethe be#innin# of CB36s FD pro#ram in )**+, drones ha7e lo##ed more than 1),***Ni#ht hours in support of border security operations similar to what experts en7isionusin# drones for on a national, counter.terrorism scale 57er that time,

approximately JG,G** pounds of illicit dru#s and L,+** indi7iduals ha7e been sei;edor detained durin# FD supported operations1) lthou#h these numbers mi#htseem hi#h, they are comparati7ely insi#ni8cant when tain# into account CB36stotal interception 5n a7era#e, CB3 sei;es H,+** pounds of marijuana e7ery day inri;ona alone @n )*1), the Border 3atrol sei;ed )H million pounds of pot rom)**+K)*11, CB3 alone detained J1 million immi#rantsX therefore, the L,+**indi7iduals apprehended with FD assistance eOuates to less than *1 percent=further diminishin# the eecti7eness of drone use The sin#le.most destructi7estatistic that opponents to drones tout is that in the pre7iously mentioned years, nota sin#le terrorist, member of the middle or top echelon of Transnational Criminal5r#ani;ations, or dru# cartels has been arrested with the help of FD1H


28/76

4rones ,ad ! @th Amendment

Advanced surveillance capa*ilities of drones mae them

uniue o+enders of the @

th

Amendment ! it is an a*use ofgovernmental po"erSelinger3 1; H-9-)*1+, E7an, ssociate 3rofessor of 3hilosophy at "ochester@nstitute of Technolo#y, :Mhy domestic drones stir more debate than ones used inwar8#htin# abroadac of regulations on aerial surveillance hurts civil li*erties !violates @thAmendment=eartland $e"s &-1& rt; :Con#ress ppro7es $omestic Fse of erialDur7eillance $rones< http--newsheartlandor#-newspaper.article-con#ress.appro7es.domestic.use.aerial.sur7eillance.drones, eb, , )**, IsiaoCon#ress passed K and 3resident 5bama is expected to si#n K Iouse "esolutionG+, the :ederal 7iation dministration ir Transportation 4oderni;ation andDafety @mpro7ement ct,< which would, in part, allow domestic use of aerial dronespy planes I" G+ was sent to the 3resident on ebruary The resolution hasspared opposition from pri7acy ad7ocates who claim employin# drones fordomestic sur7eillance 7iolates the ourth mendment of the FD ConstitutionAccordin# to a poll conducted by "asmussen "eports, released ebruary 1H, +)

percent of 7oters oppose the use of sur7eillance drones compared to H* percentwho fa7or it and 1L percent who are undecidedA ay Dtanley, senior policy analystfor the merican Ci7il ?iberty Fnion6s Dpeech, 3olicy and Technolo#y 3roject, saysthat drone deployment is :bad from the point of 7iew of the Constitution becausethe foundin# fathers put in place rules to pre7ent us from bein# sur7eilled )J-L

They6re bad from a policy perspecti7e because no one wants to be constantlywatched


29/76

4rones ,ad ! ar

/eliance on drones "ill lead to more "ars ! a drone6reliancestate taes little initial ris in their use

reen"ald &-1(reenwald, former columnist on ci7il liberties and FD nationalsecurity, 4arch, :$omestic drones and their uniOue dan#ersce to say, there is an enormous pro8t to be made from exploitin# the domestic drone maret, and as usual,

that factor is thus far dri7in# the (basically nonexistent2 political response to these threats Mhat is mostoften i#nored by drone proponents, or those who sco at anti.drone acti7ism, arethe uniOue features of drones the way they enable more warfare, more a##ression,and more sur7eillance$rones mae war more liely precisely because they entailso little ris to the war.main# country Dimilarly, while the propensity of drones to ill innocentpeople recei7es the bul of media attention, the way in which drones psycholo#ically terrori;e the population .simply by constantly ho7erin# o7er them unseen but heard . is usually i#nored, because it's not happenin# in theFD, so few people care (see this 3 report from yesterday on how the increasin# use of drone attacs in f#hanistan

is truly terrori;in# local 7illa#ers2 @t remains to be seen how mericans will react to dronesconstantly ho7erin# o7er their homes and their childrens' schools, thou#h by thatpoint, their presence will be so institutionali;ed that it will be liely be too late tostop %otably, this may be one area where an actual bipartisan-trans.partisan alliance can meanin#fully emer#e,as most ad7ocates worin# on these issues with whom @'7e spoen say that libertarian.minded 53 state le#islators

ha7e been as responsi7e as more left.win# $emocratic ones in worin# to impose some limits 5ne bill nowpendin# in Con#ress would prohibit the use of sur7eillance drones on FD soil in theabsence of a speci8c search warrant, and has bipartisan support 5nly the mostauthoritarian amon# us will be incapable of understandin# the multiple dan#ersposed by a domestic drone re#ime(particularly when their party is in control of the #o7ernment andthey are incapable of percei7in# threats from increased state police power2 But the proliferation of domestic dronesaords a real opportunity to for#e an endurin# coalition in defense of core pri7acy and other ri#hts that transcendspartisan alle#iance, by worin# toward meanin#ful limits on their use 4ain# people aware of exactly what theseuniOue threats are from a domestic drone re#ime is the ey 8rst step in constructin# that coalition


30/76

4rones ,ad ! Terrorism

9#pansion of drones means a "eapon of aggression forterrorist groups

Council on =emispheric A+airs3 Sanche53 &'&Danche; )-)-)*1+, Denior "esearch ellow at the Council on Iemispheric airs,and Cameron 4cYibben, "esearch ssociate at the Council on Iemispheric airs:Morst Case Dcenario The Criminal Fse of $rones< Council on Iemispheric airs,http--wwwcohaor#-worst.case.scenario.the.criminal.use.of.drones-, Isiao@n the FD,the worst possible scenario of how drones can be utili;ed for 7iolentoutcomesin sensiti7e locationstoo a new turnon anuary )G,when a small drone crashed on thelawn of the Mhite IouseMhile this incident (in7ol7in# an inebriated #o7ernment employee2 seems to ha7e just been an accident 3it be#ins to illuminate just how easily drones can Ny into restricted areas The e7entalsopro7oesworries o7er how destructi7e these machines can beif they were to be used as :terrordrones,< and loaded with some sort of explosi7edditionally, it is important to remember that this is not the 8rsttime that drones ha7e entered no.Ny ;ones 57er the past year, unauthori;ed drones ha7e Nown close to other sensiti7e tar#ets, lie nuclear power plantsin rance and Bel#ium Do far, no one has been detained for these incidents, and these could ha7e been sta#ed by some harmless en7ironmental #roup

%e7ertheless, #i7en the recent attacs a#ainst the Charlie Iebdo satirical ma#a;ine in rance and the terrorist attacs in the FY and Dpain o7er the pastdecade, one major concern is that terror drones could be use by an extremist @slamic militant or#ani;ation for some ind of terrorist operationA Theidea that terrorist mo7ements will be#in to utili;e drones is no lon#er a hypothetical scenario,but a

#rim reality.or example,the#lobalmedia has reported that @D@D(@slamic Dtate of @raO and Dyria2has procured a drone and is usin# it to conduct reconnaissance and aid in launchin##round attacs on the Dyrian militaryPiiiQ ?iewise, it is belie7ed that #roups lie Iamas and Ie;bollah also possessdronesA word of caution is necessary The drones used by the aforementioned militant mo7ements are #enerally belie7ed to be 7ery crude models,nothin# more than a small plane or helicopter with a 7ideo camera and 3D attached Duch aircraft cannot be compared to the capabilities of FD or @sraelidrones lie the %i#htEa#le or DcanEa#le, much less armed drones lie the 3redators %e7ertheless, e7en the most rudimentary drone can ser7e as aneecti7e :eye in the sy< that would pro7ide in7aluable intelli#ence information to a terrorist mo7ement 4oreo7er, in the case of @srael, one #enuine fearis that Ie;bollah6s drones can be adapted as :suicide drones< K namely that they can be loaded with explosi7es so they would cause maximum dama#e ifthey collide a#ainst an @sraeli military (or ci7ilian2 facilityPi7QA E7en criminals that do not necessarily belon# to some major terrorist or criminal networ

can use drones for smu##lin# This has already been the case in the FD and ustralia P7Q or example, indi7iduals ha7e alreadyused small drones to try to smu##le marijuana, cell phones, and other contrabandinto prisons in Douth Carolina and eor#ia These attempts were disco7ered because the drones failed to cross o7er the fence line and crashed(one liely reason bein# that they were carryin# too much wei#ht for the machine to Ny properly2, but there could certainly be other instances whendrones were able to Ny o7er a prison fence, were unloaded by prisoners, and then mana#ed to Ny bac unnoticedA s FVs (unmanned aerial 7ehicles2are now comin# into the hands of criminals and terrorist mo7ements across the world, either for transportation of contraband or sur7eillance purposes, itshould come as little surprise that drones are now be#innin# to be utili;ed by ?atin merican $T5s t this point we must as oursel7es, what are theimplications for the use of drones by these ?atin merican illicit #roups/


31/76

Surveillance State Adv


32/76

9#t ! 4rones ,ad ! Privacy

Aerial surveillance has the potential for crushing privacye#pectations than any other monitoring technology ! it could

gather information for days "ithout pro*a*le causeScott 1&K Pustin Dcott, "epresentati7e for eor#ia's th Con#ressional $istrict,:$omestic drones risy/


33/76

contributin# writer at Dalon Ie is the author of Iow Mould a 3atriot ct/ (4ay)**G2, acritiOue of the Bush administration's use of executi7e powerX Tra#ic?e#acy (une, )**L2, which examines the Bush le#acyX and Mith ?iberty and usticeor Dome Iow the ?aw @s Fsed to $estroy EOuality and 3rotect the 3owerful,:$omestic $rones and their FniOue $an#ers,< the#uardian, +-)9,http--wwwthe#uardiancom-commentisfree-)*1H-mar-)9-domestic.drones.uniOue.

dan#ersQ Rhan#The use of drones by domestic FD law enforcement a#encies is #rowin# rapidly, both in terms of numbers and types of usa#e s a result, ci7illiberties and pri7acy #roups led by the C?F . while acceptin# that domestic drones are ine7itable .ha7ebeen de7otin# increasin# eorts to publici;in# their uniOue dan#ers and a#itatin#for statutory limits These eorts are bein# impeded by those who moc the idea that domestic drones pose uniOue dan#ers (often thesame people who moc concern o7er their usa#e on forei#n soil2This dismissi7e posture is #rounded not only insoft authoritarianism (a reli#ious.type faith in the oodness of FD political leadersand state power #enerally2 but also i#norance o7er current drone capabilities, theways drones are now bein# de7eloped and mareted for domestic use, and theacti7ities of the increasin#ly powerful domestic drone lobby Do it's Ouite worthwhile to lay out the eyunder.discussed facts shapin# this issue @n contrast to weaponi;ed drones, e7en the most na7e amon# us do not doubt the imminent proliferation ofdomestic sur7eillance drones Mith little debate, they ha7e already arri7ed s the C?F put it in their recent report !FD law enforcement is #reatly

expandin# its use of domestic drones for sur7eillance! n ? Times article from last month reported that !federal authorities ha7estepped up eorts to license sur7eillance drones for law enforcement and otheruses in FD airspace! and that !the ederal 7iation dministration said riday it hadissued 1,J) permits to domestic drone operators since )**L, far more than werepre7iously nown! 4oreo7er, the a#ency !has estimated 1*,*** drones could be aloft 87e years later! and !local and state lawenforcement a#encies are expected to be amon# the lar#est customers! Concerns about the proliferation ofdomestic sur7eillance drones are typically dismissed with the claim that they donothin# more than police helicopters and satellites already do Duch claims arecompletely misinformed s the C?F's )*11 comprehensi7e report on domesticdrones explained !Fnmanned aircraft carryin# cameras raise the prospect of asi#ni8cant new a7enue for the sur7eillance of merican life! 4ultiple attributes of sur7eillance dronesmae them uniOuely threatenin# Because they are so cheap and #ettin# cheaper, hu#e numbers ofthem can be deployed to create ubiOuitous sur7eillance in a way that helicopters orsatellites ne7er could Iow this wors can already been seen in f#hanistan, where the FD military has dubbed its drone sur7eillancesystem !the or#on Dtare!, named after the !mythical ree creature whose unblinin# eyes turned to stone those who beheld them! That dronesur7eillance system is !able to scan an area the si;e of a small town! and !the most sophisticated robotics use arti8cial intelli#ence that PcanQ see outand record certain inds of suspicious acti7ity! Boasted one FD eneral !or#on Dtare will be looin# at a whole city, so there will be no way for the

ad7ersary to now what we're looin# at, and we can see e7erythin#! The %D already maintains ubiOuitoussur7eillance of electronic communications, but the Dur7eillance Dtate faces seriouslimits on its ability to replicate that for physical sur7eillance $rones easilyo7ercome those barriers s the C?F report put it But manned aircraft areexpensi7e to purchase,operate and maintain, and this expense has always imposed a natural limit on the #o7ernment6s aerial sur7eillance capability %ow thatsur7eillance can be carried out by unmanned aircraft, thisnatural limit is erodin# The prospect of cheap,small, portable Nyin# 7ideo sur7eillance machines threatens to eradicate existin#practical limits on aerial monitorin# and allow for per7asi7e sur7eillance, police8shin# expeditions, and abusi7e use of these tools in a way that could e7entually

eliminate the pri7acy mericans ha7e traditionally enjoyed in their mo7ements andacti7ities Mhat is most often i#nored by drone proponents, or those who sco atanti.drone acti7ism, are the uniOue features of drones the way they enable morewarfare, more a##ression, and more sur7eillance $rones mae war more liely precisely because they entail solittle ris to the war.main# country Dimilarly, while the propensity of drones to ill innocent people recei7es the bul of media attention, the way in which

drones psychologically terrori5e the population 6 simply *y constantlyhovering over them: unseen *ut heard. is usually i#nored, because it's not happenin# in the FD, so few peoplecare (see this 3 report from yesterday on how the increasin# use of drone attacs in f#hanistan is truly terrori;in# local 7illa#ers2 @t remainsto be seen how mericans will react to drones constantly ho7erin# o7er their homes
http://www.theguardian.com/commentisfree/2013/mar/29/domestic-drones-unique-dangershttp://www.theguardian.com/commentisfree/2013/mar/29/domestic-drones-unique-dangershttp://www.theguardian.com/commentisfree/2013/mar/29/domestic-drones-unique-dangershttp://www.theguardian.com/commentisfree/2013/mar/29/domestic-drones-unique-dangers


34/76

and their childrens' schools, thou#h by that point, their presence will be soinstitutionali;ed that it will be liely be too late to stop 5nly the most authoritarian amon# us will beincapable of understandin# the multiple dan#ers posed by a domestic drone re#ime (particularly when their party is in control of the #o7ernment and they

are incapable of percei7in# threats from increased state police power2 Butthe proliferation of domestic dronesaords a real opportunity to for#e an endurin# coalition in defense of core pri7acyand other ri#hts that transcends partisan alle#iance, by worin# toward meanin#ful

limits on their use 4ain# people aware of exactly what these uniOue threats are from a domestic drone re#ime is the ey 8rst step inconstructin# that coalition

4rone surveillance is a uniue threat to the @th Amendment !/ight to privacy is 7rst priority=ealy 1&K Pene Iealy, 7ice president at the Cato @nstitute, :$rones 3ose a

Threat to mericans6 3ri7acy


35/76

Use of Surveillance 4rones domestically destroys privacy forall American citi5ensreen"ald &-1reen"ald3 former columnist on civil li*erties and USnational security3 )arch3 J4omestic drones and their uniue dangersK3http:''""".theguardian.com'commentisfree'&-1'mar'&('domestic6

drones6uniue6dangersE

Dur7eillance dronesor unmanned aerial systems (FDs2 raise si#ni8cant issues for pri7acy andci7il liberties$rones are capable hi#hly ad7anced sur7eillance, and dronesalready in use by lawenforcement can carry 7arious types of eOuipment includin# li7e.feed 7ideocameras, infrared cameras, heat sensors, and radarDome military 7ersions can stay in air thehours for hours or days at a time, and their hi#h.tech cameras can scan entire cities, oralternati7ely, ;oom in and read a mil carton from G*,*** feet They can also carrywi8 cracers and fae cell phone towers that can determine your location orintercept your texts and phone calls$rone manufacturers e7en admit they are made to carry :lesslethal< weapons such as tasers or rubber bullets Thans to a pro7ision in the 4oderni;ationand "eform ct of )*1), drones use in the Fnited Dtates is set to expand rapidly

o7er the next few yearsThe ct includes pro7isions to mae the licensin# processeasier and Ouicer for law enforcement, and by )*1+, commercial entities will alsobe able to apply for a drone authori;ation @n anuary )*1), E sued the ederal 7iationdministration (2 under the reedom of @nformation ct to determine which public and pri7ate entities had

applied for authori;ation to Ny drones @n response to the lawsuit, the has released lists ofthe G* public entities and 1) pri7ate drone manufacturers that ha7e sou#htpermission to Ny drones in the FDThe a#ency has also released se7eral thousand pa#es of recordsrelated to the entities6 drone license applications The has yet to pro7ide information on how these drones willbe used E has also partnered with 4uc"oc, the open #o7ernment or#ani;ation, to conduct a :drone censusn#tonpostcom-eu#ene..chow-domestic.drone.sur7eillance0b01H)J+JGhtml2 Dalehite;an#i future where unmanned sur7eillance drones ;ip throu#h the sies eepin# tabs on ci7ilians is no lon#er rele#ated to dystopic

no7els The panopticon has arri7ed and pri7acy ri#hts are in dan#er @n less than three months, the ederal7iation dministration (2 will allow law enforcement a#encies to operate dronesin FD airspace, and by )*1+, commercial drones will be permitted as well 4oretroublin#ly, the in has hardly dried on the new re#ulations and 3enta#on o>cials arealready pushin# to Nythe same powerful military drones that trac terrorists abroad in theFnited Dtates Mith these aircraft ho7erin# abo7eour heads, pri7acy is at ris as drone technolo#y has far outpaced the de7elopment ofcorrespondin# re#ulatory laws $rones.. as small as hummin#birds and as lar#e as the 11G.foot win#spanlobal Iaw .. can ho7er for hours silently obser7in# indi7iduals with ad7ancedsur7eillance tools lie thermal sensors, cell.phone ea7esdroppin# de7ices, Mi.i networhacin# tools, and sophisticated 7ideo technolo#y lie the military's or#on Dtare, which can obser7e an entire city from multiple

an#les and trac se7eral tar#ets at once or the most part, whenthese hi#h.tech sur7eillance tools ha7e been challen#edin court, judicial rulin#s ha7e lar#ely erred on the side of law enforcementa#encies o7erindi7idual ri#hts !Citi;ens do not#enerally enjoya reasonable expectation of pri7acy in public,nor e7en in the portions of their property 7isible from a public 7anta#e,! writes "yan Calo, the director for 3ri7acy and "obotics at

Dtanford Fni7ersity's Center for @nternet and Dociety !%either the Constitution nor common law appears toprohibit police orthe media from routinely operatin# sur7eillance drones in urban andother en7ironments! s e7idence, Calo points to a 19G Dupreme Court case which upholds the ri#ht of local police to Nyo7er residents' bacyards without a search warrant @n addition, in 199, the Dupreme Court admitted e7idence from a police o>cerin a helicopter who peeed throu#h two missin# panels in a #reenhouse and saw a marijuana #rowin# operation 5n a bri#hter note,

Calo belie7es that thee#re#ious 7iolations of pri7acy ri#hts that drones represent!could be justthe 7isceraljolt society needs to dra# pri7acy law into the twenty.8rst century! The#rowin# ubiOuity ofboth #o7ernment and pri7ate drones willine7itably raise di>cult Ouestionslie how

lon# can they follow an indi7idual and will it reOuire a warrant, can drones with thermal sensors beused to detect indi7iduals #rowin# marijuana indoors, and can ima#es taen bydrones be sold to third partiesBut before these Ouestions are answered, drones will liely become ubiOuitousconsiderin# the lobbyin# mi#ht of the Con#ressional !$rone Caucus! The $rone Caucus, a collection of 8fty representati7esprimarily from districts in Douthern California, a major unmanned aerial 7ehicle manufacturin# hub, has pro7en so eecti7e inexpandin# the #o7ernment's use of drones it allocated UH) million for the $epartment of Iomeland Decurity ($ID2 to purchasethree new aerial sur7eillance drones, despite the a#ency's objections !Me didn't as for them,! and the a#ency lacs the resourcesand manpower to e7en Ny the additional sur7eillance 7ehicles, said an anonymous $ID o>cial speain# to the ?os n#eles Times @n

just se7en years, dronesha7e come to account fornearly one.third of the military's aircraft @n )**+,only + percent of military airplanes were unmanned, but now the 3enta#on owns nearly L,+** drones s thewars in @raO and f#hanistan wind down, much of the military's Neet will be returnin# to the Fnited Dtates and it is doubtful that theplanes will sit idly in han#ars @f recent trends are any indication, military drone Ni#hts could be comin# sooner than we thin $IDalready Nies 3redator drones alon# the border and is entertainin# the notion of out8ttin# its Neet with military.#rade 7isual sensors,

which can see as much as four sOuare miles at once E7en if these dronesare only deployed at borders and airports, thoseare still areas where FD citi;ens li7e and are protected by the Constitutionurthermore, with more and moremilitary technolo#y bein# sold to local police departments, it is only a matter of time before theseintrusi7e sensors mae their way to our nei#hborhoods $rones ha7e their le#itimate uses .. they canhelp 8rst responders search for missin# persons, farmers can use them to spot irri#ation leas, and reporters can use them to #ather

news .. but as an emer#in# technolo#y that is lar#ely unre#ulated, we must carefully monitor how and what they are used forto ensure that our personal freedoms are protected
http://www.huffingtonpost.com/eugene-k-chow/domestic-drone-surveillance_b_1324546.htmlhttp://www.huffingtonpost.com/eugene-k-chow/domestic-drone-surveillance_b_1324546.htmlhttp://www.huffingtonpost.com/eugene-k-chow/domestic-drone-surveillance_b_1324546.htmlhttp://www.huffingtonpost.com/eugene-k-chow/domestic-drone-surveillance_b_1324546.html


38/76

>oss of Privacy Totalitarianism

>ac of privacy chills democracies ! ushers in totalitarian

states4r. len T. )artin, *1-*H-1@ ($r len T 4artin, 3rofessor of 3hilosophy andchair of the pro#ram in 3eace Dtudies at "adford Fni7ersity, 3resident of the MorldConstitution and 3arliament ssociation (MC32, the @nstitute on Morld3roblems(@5M32, and @nternational 3hilosophers for 3eace, :%D Dpyin#, Decrecy,and the Totalitarian Threat


39/76

corporations with their own systems of bribery, protection, and 7iolence, form theperfect context for the #rowth of totalitarianism within the FD Dpyin#, militarism,secrecy, and authoritarian policies are necessary, we are told, in this dan#erous and chaotic world5ur #o7ernment is justi8ed, we are told, in :protectin# us< by spyin# on us from aposition of absolute, unbreachable secrecyThey represent the #o7ernment and the nation=asecreti7e, shadowy in.crowd with security clearances and ideolo#ical conformity, 7erymuch lie Dtalin6s Communist 3arty Me the people do not The #o7ernment set up under the Earth Constitutionwould clearly arrest 3resident 5bama and put him, alon# with eor#e M Bush, in jail where they belon# They are not only totalitarian7iolators of our FD Constitution, they are war criminals, headin# up torture andmurder of people around the worldwithout e7en the most elementary due process of law @t is surely torture, as well asunspeaable barbarism, to blow the le#s o children in f#hanistan or &emen with these hideous drone attacs &et the reason why they are war criminalsis primarily structural amon# militari;ed so7erei#n nation.states there is, and can be, no #enuine rule of law, and certainly no due process of law thatproperly holds indi7iduals accountable for their actions before an impartial court of law There can only be the rule of power, 7iolence, secrecy, spyin#,

murder, threat, and ideolo#ical posturin# @f we want to establish democracy within the FD, we ha7eto examine seriously the chaos of a world disorder that defeats democracy withinnations at e7ery turn By reOuirin# militari;ed nation.states, this world disorder wastes more than one trillion FD dollars per year thatcould be used for jobs, protectin# the en7ironment, and #lobal social justiceThis world system manifests a chaos that#i7es totalitarian elements and totalitarian attitudes a breedin# #round for secrecy,spyin#, and unrestrained 7iolence Me cannot re7erse totalitarianism within the FD

by i#norin# the rest of the world and the structural elements that breed thetotalitarian attitude Me should be studyin# and discussin# the Earth Constitution on a daily basis if we are serious about democracy%ot only our future, but the future of our planetand its two billion children, depends on ourwillin#ness to thin #lobally about democracyThe Earth Constitution is by far the most promisin# and realisticoption that we ha7e before us $emocracy and human ri#hts are inherently uni7ersal They are not for apri7ile#ed few amon# a fra#mented system of so7erei#n nation.states E7eryone deser7es authentic democracyE7eryone deser7es to li7e with freedom and di#nity under the Constitution for the ederation of Earth


40/76

9#t !


41/76

9#t ! overnment sta*ility

)aintaining privacy is the lynchpin of maintaining a sta*le and

credi*le governmentSunduist 1& (4atthew ?ee, #raduate of Iar7ard colle#e, 3ri7acy 4ana#er at@nNection, Dtudent ellow of the Iar7ard ?aw Dchool 3ro#ram, !5%?@%E 3"@VC&3"5TECT@5% 3"5TECT@% 3"@VC&, TIE D5C@? C5%T"CT, %$ TIE "F?E 5?M @% TIE V@"TF? M5"?$!, "e#ent Fni7ersity ?aw "e7iew, uly H*, )*1),http--papersssrncom-solH-paperscfm/abstract0id)1)*1J2 3adiyar

i7en the 7alue of pri7acy, @ posit we should prioriti;e pri7acy threats of three types

(12 la"6*reaing X ()2 insuIcient enforcement X and (H2 sub7ersion of social

expectations by laws, practices, or frameworsThe 8rst two spea to the role of

government and the social contract ccordin# to the social contract, a per7asi7e

idea in merican society and #o7ernment,H1 we trade the state of nature=the world without#o7ernment=to form a society and enjoy protection, security, and propertyH)Toprotect our 7alues, we create laws tased with the #oal of :securPin#Q a situationwhereby moral #oals which, #i7en the current social situation in the country whose

law it is, would be unliely to be achie7ed without it< HH The la" should serve the

common interest and secure values that "ill *e *roadly useful to

society HJ Once esta*lished3 the la" and associated rulesE must *e

enforced H+ since the government derives authority from creating and

enforcing la"s HG Thus, there is an immediate, positi7e bene8t when we protect a

7alued #ood lie pri7acy dditionally, there is a *roader *ene7t3 as enforcing the

la" gives the government credi*ility and creates a sta*le society. HL


42/76

9#t ! Totalitarianism

Privacy rights guard against totalitarianism666evidence provesIelen %issenbaum, *J, professor of 4edia, Culture and Communication andComputer Dcience at %ew &or Fni7ersity, 3"@VC& D C5%TE`TF? @%TE"@T&http--wwwentlawedu-faculty-rwarner-classes-internetlaw-)*11-materials-nissenbaum0normspdf

or purposes of our discussion, more rele7ant than the speci8c detailsabout le#al restrictions on #o7ernment a#ents is the #eneralsource of momentum behind these restrictions, in particular, a principled commitment to limited#o7ernment powers in the name of indi7idual autonomy and liberty To the extent that protectin# pri7acy a#ainst#o7ernment intrusion can be portrayed as an insurance policya#ainst the emer#ence of totalitarianism , the rhetoric of limitin#

#o7ernment powers can be parlayed into protection of pri7acy $urin#the 19+*s until the end of the Cold Mar, when re#imes to the East loomed 7i7idly in public consciousness and 8ctional constructions, lie eor#e 5rwell6s Bi# Brother in 19J, entered

the public ima#ination, the FD $epartment of Iealth, Education, and Melfare6sDecretary6s d7isory Committee on utomated 3ersonal $ataDystems found a recepti7e audience for their seminal 19LH report on the impacts of computeri;ed record.eepin# on indi7iduals, or#ani;ations, and society as a wholeThe report emphasi;ed thisconcern for balancin# power, and for limitin# the power of stateand lar#e institutions o7er indi7iduals by warnin# that :the neteect of computeri;ation is that it is becomin# much easier forrecordeepin# systems to aect people than for people to aect

record.eepin# systems


43/76

9#t ! )ultilat

Use of drones *y the US e#tremely unpopular "ith glo*alciti5enry

3opular resistance -)1-)*1J, :ctin# #ainst $rones lobal 4o7ement or ll


44/76

8udicial 4eference Adv


45/76

=igh $o"

The e#ecutive *ranch is in sole control of surveillanceactivities66 any appearance of 0udicial inuence is a pretense

,rand and uiora 1;(erey D, $, $ean Emeritus and 3rofessor of ?aw,$irector Center for ?aw and lobal ustice, Fni7ersity of Dan rancisco Dchool of?aw, and mos %, 3h$, 3rofessor of ?aw, D Zuinney Colle#e of ?aw, Fni7ersity ofFtah, Co.$irector, Center for lobal ustice, The Dteep 3rice of Executi7e 3ower 3ost9-11 "eclaimin# 5ur 3ast to @nsure 5ur uture, an )L, )*1+,http--wwwlawutahedu-the.steep.price.of.executi7e.power.post.911.reclaimin#.our.past.to.insure.our.future-2

ustice Yennedy wrote about it in )**J, upholdin# the ri#ht of habeas corpus for uantanamo detainees :The ramers6inherent distrust of #o7ernmental power was the dri7in# force behind theconstitutional plan that allocated powers amon# three independent branches Thisdesi#n ser7es not only to mae o7ernment accountable but also to secure

indi7idual libertycacy bears emphasisThe Fnited Dtates has yet to presente7idence that its massi7e collection of meta.data thwarted a si#ni8cant terroristplotThe Delect Denate Committee6s report concludes that FD en#a#ement in torture has been :ineecti7e,< and mercilesslydetails the lac of reliable information that so.called enhanced interro#ation techniOues yield, alon# the way paintin# a disturbin#portrait of bu Rubaydah bein# waterboarded, :blowin# bubbles throu#h his mouth< and bein# completely :unresponsi7e


46/76


47/76

4eference ,ad ! 4emocracy

8udicial 4eference destroys democracyDermeule &-- (Bernard6 $ 4elt;er 3rofessor of ?aw at the Fni7ersity of Chica#o3@nterpretation and @nstitutions,http--chica#ounbounduchica#oedu-c#i-7iewcontentc#i/article111*^contextpublic0law0and0le#al0theory Echen

@n practice, howe7er, it is striin# that democratic failure theorists say little or nothin#about the problem of excessi7e liberty %o theorist has su##ested that courts shouldreallocate anti.terrorism appropriations to beef up the security apparatus where it ismost needed, or should second.#uess the #o7ernment6s policies for protectin# bluestate ports from terrorist attac The reason, presumably, is that judicial re7iew of this sort would pro7einfeasible, and possibly counterproducti7e Courts mi#ht suspect democratic failure in the under pro7ision ofsecurity to minorities, but would be hard pressed to now what the optimal arran#ements would be, and hard.

pressed to enforce those arran#ements e7en if they were nownX #o7ernment mi#ht circum7ent thecourts6 decisions by reallocatin# fundin# on other mar#ins, or simply by i#norin#them There are two lessons here, which we draw out in 3art @V irst, the same/problems of judicial capacity that

constrain judicial re7iew of inadeOuate security also constrain judicial re7iew of excessi7e securityThe courts6institutional capacities are the same, whate7er the mechanism of democraticfailureThus, if critics of judicial deference do not belie7e courts should scrutini;elaws that enhance liberty durin# times of emer#ency K such as the pro7isions of the3atriot ct that stren#then pri7acy protections K they need to explain what it isabout security.enhancin# laws that justi8es special judicial scrutiny Decond, systemiceects and dynamic #o7ernmental responses also undercut judicial re7iew of policies that impose excessi7esecurity @f courts police policies that produce excessi7e security but not policies that produce excessi7e liberty,#o7ernment may tend to substitute the latter type of exploitation for the former Iere we merely note theseproblems of judicial capacities and systemic eects
http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1110&context=public_law_and_legal_theoryhttp://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1110&context=public_law_and_legal_theoryhttp://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1110&context=public_law_and_legal_theoryhttp://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1110&context=public_law_and_legal_theory


48/76

&AC Add6Ons


49/76

eaponi5ation Add6On

Continued3 uncheced use of aerial surveillance *y dronesleads to mission creep ! the technology "ill continue to *e

used for more and more militaristic and violent purposesAC>U &-11 (merican Ci7il ?iberties Fnion, %on.pro8t, nonpartisan nationalor#ani;ation for ad7ocatin# indi7idual ri#hts, !3rotectin# 3ri7acy rom erialDur7eillance "ecommendations for o7ernment Fse of $rone ircraft!, C?F,$ecember )*11,https--wwwacluor#-8les-assets-protectin#pri7acyfromaerialsur7eillancepdf2

FVs and pri7acy.A Mith the federal #o7ernment liely to permit more widespreaduse of drones, and the technolo#y liely to become e7er more powerful, theOuestion becomes what role will drones play in merican life/ Based on currenttrends=technolo#y de7elopment, law enforcement interest, political and industrypressure, and the lac of le#al safe#uards=it is clear that drones pose a loomin#

threat to mericans6 pri7acy The reasons for concern reach across a number ofdierent dimensionsA )ission creep. E7en where FVs are bein# en7isioned for

search and rescue, 8#htin# wild8res, and in dan#erous tactical police operations,they are liely to be Ouicly embraced by law enforcement around the nation forother, more contro7ersial purposes The police in 5#den, Ftah thin that Noatin# asur7eillance blimp abo7e their city :will be a deterrent to crime when it is out andaboutc ticets+9 The potential result is that they become commonplace in

merican lifeG*A Tracing The ustice $epartment currently claims the authority

to monitor mericans6 comin#s and #oin#s usin# 3D tracin# de7ices=without awarrant leets of FVs, interconnected and au#mented with analytics software,

could enable the mass tracin# of 7ehicles and pedestrians around a wide area A$e" uses. The use of drones could also be expanded from sur7eillance to actual

inter7ention in law enforcement situations on the #round irborne technolo#iescould be de7eloped that could, for example, be used to control or dispel protesters(perhaps by deployin# tear #as or other technolo#ies2, stop a Neein# 7ehicle, ore7en deploy weaponsG1

And this means a "ider acceptance of "eaponi5ed drones ! it"ill lead to an e#pansion of drone violence and a military stateThe uardian 1& 1)-)1-)*1), :The comin# drone attac on merica< The

uardian,http--wwwlexisnexiscomturin#librarynorthwesternedu-lnacui)api-results-doc7iew-doc7iewdo/doc?in@ndtrue^risb)10T))HHG1LJ+G^format%B@^sort"E?EV%CE^start$oc%o1^resultsFrlYey)90T))HHG1LJG*^cisb))0T))HHG1LJ+9^tree4axtrue^treeMidth*^csi1HG)*^doc%o1H, Isiao3eople oftenas me,in terms ofmy ar#ument about !ten steps! that mar the descentto a police stateor closed society, at what sta#e we are @ am sorry to say thatwith the importation of what will betens of thousands of drones3 by both FD military and by commercial interests,into FD airspace3 with a speci8c
http://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=truhttp://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=truhttp://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=truhttp://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=truhttp://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=truhttp://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=truhttp://www.lexisnexis.com.turing.library.northwestern.edu/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T22336187456&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T22336187460&cisb=22_T22336187459&treeMax=tru


50/76

mandateto en#a#e in sur7eillance and with the capacity for weaponi;ation . which isdue to be#in in earnest at the start of the new year. it means that the police state is now o>cially hereA @nebruary of this year, Con#ress passed the "eauthori;ationct, with its pro7ision todeploy Neets of drones domestically. ennifer ?ynch, an attorney at the Electronic rontier oundation, notes that thisfollowed a major lobbyin# eort, !a hu#e push by PQ the defense sector! to promote the use of drones in merican sies H*,*** of them

are expected to be in use by )*)*3some as small as hummin#birds . meanin# that you won't necessarily see them, tracin#

your meetin# with your fellow.acti7ists, with your accountant or your con#ressman, or 8lmin# your cruisin# the bars or your assi#nation with your lo7er, asits 7ideo.#atherin# whirsA 5thers will be as bi# as passen#er planes Business.friendly mediastress their planned abundant use by corporations policein Deattle ha7e already deployed themA n unclassi8ed FD air force document reported by CBD (pdf2 news expands on this unprecedented andunconstitutional step .one that formally brin#s the military into the role of controllin#domestic populations on FD soil, which is the bri#ht line that separates a democracy

from a military oli#archy. (The FD constitution allows for the deployment of %ational uard units by #o7ernors, who are answerableto the peopleX but this system is intended, as is posse comitatus, to pre7ent the military from tain# action aimed at FD citi;ens domestically2A Theair forcedocument explains that the air forcewill be o7erseein#the deployment ofits own militarysur7eillance drones within the borders of the FDX that it may eep 7ideo and otherdata it collects with these drones for 9* days without a warrant. and will then, retroacti7ely,determine if the material can be retained . which does away for #ood with the fourth amendment in these cases Mhile the drones are not supposed tospeci8cally !conduct non.consensual sur7eillance on on speci8cally identi8ed FD persons!, accordin# to the document, the wordin# allows for domesticmilitary sur7eillance of non.!speci8cally identi8ed! people (that is, a #roup of acti7ists or protesters2 and it comes with the important ca7eat, also

seemin#ly wholly unconstitutional, that it may not tar#et indi7iduals !unless expressly appro7ed by the secretary of $efense!A @n other words, the

3enta#on can now send a domestic drone to ho7er outside your apartment window,collectin# foota#e of you and your family, if the secretary of $efense appro7es it 5r it may trac you and your friendsand pic up audio of your con7ersations, on your way, say, to protest or 7ote or tal to your representati7e, if you are not !speci8cally identi8ed!, adetermination that is so 7a#ue as to be meanin#lessA Mhat happens to those ima#es, that audio/ !$istribution of domestic ima#ery! can #o to 7arious

other #o7ernment a#encies without your consent, and that ima#ery can, in that case, be distributed to 7arious #o7ernment a#encies X it may

also include your most pri7ate moments and most personal acti7ities. The authori;ed!collected information may incidentally include FD persons or pri7ate property without consent! ennifer ?ynch of the Electronic rontier oundation toldCBD


51/76

1A/ 9#t ! eaponi5ation

Continued reliance on drones for surveillance "ill lead to theirinevita*le e#pansion *y la" enforcement ! "ill *ecome a tool

of "eaponi5ationStanley3 11 Pay, reporter for C?F, Catherine Crump, reporter for C?F,:3rotectin# 3ri7acy rom erial Dur7eillance"ecommendations for o7ernment Fse of $rone ircraft,< C?F, 1),https--wwwacluor#-8les-assets-protectin#pri7acyfromaerialsur7eillancepdfQ Rhan#

The aircraft themsel7es are steadily impro7in# and, as with so many technolo#ies,that is liely to continue They are becomin# smaller The military and lawenforcement are eenly interested in de7elopin# small drones, which ha7e thead7anta#es of bein# 7ersatile, cheap to buy and maintain, and in some cases sosmall and Ouiet that they will escape notice1G They are also becomin# cheaper

The sur7eillance technolo#ies attached to FVs will become less expensi7e and yetmore powerful=and with mass production, the aircraft that carry those electronics

will become inexpensi7e enou#h for a police department to 8ll the sies o7er a townwith them $rones are also becomin# smarter rti8cial intelli#ence ad7ances willliely help drones carry out spyin# missions Yorean researchers, for example, areworin# to teach robots how to hide from and snea up upon a subject1L They alsowill ha7e better stayin# power, with a #reater ability to stay aloft for lon#er periodsof time 4echanisms for increasin# time aloft could include solar power, or the useof blimps or #liders1 S E7en where FVs are bein# en7isioned for search and rescue,8#htin# wild8res, and in dan#erous tactical police operations, they are liely to beOuicly embraced by law enforcement around the nation for other, morecontro7ersial purposes The potential result is that they become commonplace inmerican lifeSThe ustice $epartment currently claims the authority to monitormericans6 comin#s and #oin#s usin# 3D tracin# de7ices=without a warrant

leets of FVs, interconnected and au#mented with analytics software, could enablethe mass tracin# of 7ehicles and pedestrians around a wide areaSThe use ofdrones could also be expanded from sur7eillance to actual inter7ention in lawenforcement situations on the #round irborne technolo#ies could be de7elopedthat could, for example, be used to control or dispel protesters (perhaps bydeployin# tear #as or other technolo#ies2, stop a Neein# 7ehicle, or e7en deployweaponsSThe Dupreme Court has ne7er taen a position on whether the ourthmendment places limits on #o7ernment use of FV sur7eillance Iowe7er, itallowed some warrantless aerial sur7eillance from manned aircraft California 7Ciraolo (19G2, $ow Chemical Co 7 Fnited Dtates (19G2, and lorida 7 "iley(1992

Surveillance 4rones controlled *y the police can carry "eapons"ith destruction ! illing instead of collecting datareen"ald &-1reen"ald3 former columnist on civil li*erties and USnational security3 )arch3 J4omestic drones and their uniue dangersK3http:''""".theguardian.com'commentisfree'&-1'mar'&('domestic6drones6uniue6dangersE?ie many drone manufacturers, V is now focused on drone products . such as the !Zube! . that are so small thatthey can be !transported in the trun of a police 7ehicle or carried in a bacpac! and assembled and deployed


52/76

within a matter of minutes 5ne news report V touts is headlined !$rone technolo#y could be comin#to a 3olice $epartment near you!, which focuses on the Zube d7ertisement But another articleprominently touted on V's website describes the tiny FD product dubbed the !Dwitchblade!,which, says the article, is !the leadin# ed#e of what is liely to be the broader, e7enwholesale, weaponi;ation of unmanned systems! The article creepily hails theDwitchblade drone as !the ultimate assassin bu#! That's because, as @ wrote bac in )*11, !it iscontrolled by the operator at the scene, and it wors its way around buildin#s and into smallareas, sendin# its sur7eillance ima#ery to an i.3ad held by the operator, who canthen direct the Dwitchblade to lun#e toward and ill the tar#et(hence the name2 byexplodin# in his face! V's website ri#ht now proudly touts a ebruary, )*1H $efense %ews article describin# howmuch the FD rmy lo7es the !Dwitchblade! and how it is preparin# to purchase more Time 4a#a;ine heralded thistiny drone weapon as !one of the best in7entions of )*1)!, #ushin# !the Dwitchblade drone can be carried intobattle in a bacpac @t's a amia;e the person controllin# it uses a real.time 7ideo feed from the drone to crash itinto a precise tar#et . say, a sniper @ts tiny warhead detonates on impact! Mhat possible reason could someoneidentify as to why these small, portable weaponi;ed FD products will not imminently be used by federal, state andlocal law enforcement a#encies in the FD/They're desi#ned to protect their users in dan#erous situations and to

enable a tar#et to be more easily illed 3olice a#encies and the increasin#ly powerful droneindustry will tout their utility in capturin# and illin# dan#erous criminals and theirability to eep o>cers safe, and media reports will do the sameThe handful of #enuinelypositi7e uses from drones will be endlessly touted to distract attention away from the dan#ers they pose


53/76

SOP Add6On

Plan "ould revitali5e Separation of Po"ers ! oversight on9#ecutive ,ranch needed on *road domestic surveillance

/eynolds &-1@Plenn Iarlan . professor of law W F of Tennessee, :%D spyin#undermines separation of powers


54/76

@n any e7ent, the political history of which the ramers were aware tends to con8rmthat Ouite often concentration of political power ultimately leads to the loss ofliberty @ndeed, if we ha7e be#un to tae the 7alue of separation of powers for #ranted, weneed only loo to modern merican history to remindoursel7es about both the #eneral7ulnerability of representati7e #o7ernment, and the direct correlation between the

concentration of political power and the threat to indi7idual liberty The widespread

7iolations of indi7idual ri#hts that too place when 3res. ident ?incoln assumed aninordinate le7el of power, for example, are well documented1) r#uably ase#re#ious were the threats to basic freedoms that arose durin# the %ixonadministration, when the power of the executi7e branch reached what are widelydeemed to ha7e been intolerable le7els1)9 lthou#h in neither instance did theexecuti7e's usurpations of power ultimately de#enerate into complete andirre7ersible tyranny, the reason for that may well ha7e been the resilience of ourpolitical traditions, amon# the most important of which is separation of powersitself @n any e7ent, it would be political folly to be o7erly smu# about the security of eitherrepresentati7e #o7ernment or indi7idual liberty lthou#h it would be all but impossibleto create an empirical proof to demonstrate that our constitutional tradition ofseparation of powers has been an essential catalyst in the a7oidance of tyranny, common

sense should tell us that the simultaneous di7ision of power and the creation ofinterbranch checin# play important roles toward that end To underscore the point,one need ima#ine only a limited modi8cation of the actual scenario surroundin# therecent 3ersian ulf Mar @n actuality, the war was an extremely popular endea7or,thou#ht by many to be a politically and morally justi8ed exercise But ima#ine asituation in which a 3resident, concerned about his failure to resol7e si#ni8cantsocial and economic problems at home, has callously decided to en#a#e the nationin war, simply to defer public attention from his domestic failures To be sure, the3resident was presumably elected by a majority of the electorate, and may ha7e tostand for reelection in the future Iowe7er, at this particular point in time, but forthe system established by separation of powers, his authority as Commander inChief 1H* to en. #a#e the nation in war would be eecti7ely dictatorial Because the

Con. stitution reser7es to the ar#uably e7en more representati7e and accountableCon#ress the authority to declare war,1H1 the Constitution has attempted to pre7entsuch misuses of power by the executi7e1H) @t remains unpro7en whether any#o7ernmental structure other than one based on a system of separation of powerscould a7oid such harmful results @n summary, no defender of separation of powerscan pro7e with certitude that, but for the existence of separation of powers, tyrannywould be the ine7itable outcome But the Ouestion is whether we wish to tae that ris,#i7en the ob7ious se7erity of the harm that mi#ht result i7enboth therelati7ely limitedcost imposed by use of separation of powers and the #reat se7erity of the harm sou#ht to bea7oided,one should not demand a #reat showin# of the lielihood that the fearedharm would result orjust as in the case of the threat of nuclear war, no one wants to beforced into the position of sayin#, !@ told you so!JLJ PVol J1JJ9Q


55/76

?ndependent 8udiciary Add6On

Strong 0udicial model prevents /ussian loose nues$agle, @ndependent "esearch Consultant Dpeciali;in# in the Do7iet Fnion, 19(@

(Chad :Mhat merica needs to do to help "ussia a7oid chaos< Mashin#ton Times,u#ust 1, ?exis %exis2s thin#s stand ri#ht now, there is indeed potential for dan#er and instability in "ussia, as 4rCriner notes But this is not because merica has failed to act as a !moral compass! in the maretplace "ather , "ussia'sinherent instability at present stems from the fact thatin all of its 1,***.year history, it ne7erhad a stron# , independent judiciary to act as a chec on political powerThe o7erwhelmin#,monolithic power of the executi7e, whether c;ar or Communist 3arty, has always been the main #uarantor of law and order %ow,as a fra#ile multiparty democracy, "ussia has no more than an embryo of a

judiciaryThe useless Constitutional Court is #one, the 4inistry of ustice is wea, and the court system is chaotic andineecti7e Ience, the executi7e determined the best safe#uard a#ainst the recurrence of popular unrest, the ind that occurred in5ctober 199H,

aerial surveillance affirmative - northwestern 2015.docx

Documents