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Drones and Their Impact on You

Drones and Their Impact on You. A presentation by the Advanced Information Assurance class (CS 536) Fall Semester 2013 Unabridged Slides www2.cs.uidaho.edu/~oman/CS536/CS536_F13_syllabus.htm. Presentation Outline. Introductions, Overview, Purpose: Paul Oman

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Drones and Their Impact on You

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  1. Drones and Their Impact on You A presentation by the Advanced Information Assurance class (CS 536) Fall Semester 2013 Unabridged Slides www2.cs.uidaho.edu/~oman/CS536/CS536_F13_syllabus.htm

  2. Presentation Outline Introductions, Overview, Purpose: Paul Oman Team Predator’s Parrot AR.Drone Study Team Reaper’s Phantom Drone Study Military Uses of Drone: Scott Amack Law Enforcement Uses: Jacob Preston Commercial & Civilian Uses: Maxine Major Federal Laws Governing Drones: Nate Krussel State Laws Governing Drones: Theora Rice Recent Court Cases: Kyle Swenson Drones And You: Paul Oman

  3. Team Predator: The Parrot AR.Drone $300 through Amazon No assembly or experience needed Runs on Android and IOS Build in controls, camera Uses WiFi for control, camera feeds WiFi signal range; 10-12 min. flight time Weaponizable with up to ½ lb payload Known hacks for hijacking, remote failures

  4. Team Reaper: The Phantom Drone ~$1000 for package with GoPro camera and memory & battery upgrades Some assembly, but no experience needed Runs on proprietary controls; built in GPS Upgradeable with undercarriage gimble 1000 meter range; 15 min. Flight time Weaponizable with up to 2.2 lb payload Custom hacks appear feasible

  5. Scott Amack: Military Uses • British Kites (1806) dropped propaganda leaflets on the French coast • Austrian Balloons (1849) contributed to the collapse of the Venetian revolt • U.S. Civil War (1863) patents issued for unmanned aerial bombardment balloon • Nikola Tesla (1898) patent for remote bomb boat controls • U.S. Navy (1938) developed Curtiss "N2C-2“ remote controlled drone • Japanese Fire Balloons (1944) attack on U.S. with 6 confirmed deaths

  6. Military (continued) • B-17 Flying Fortress (1946) remotely controlled for radiation monitoring • MQM-57 Falconer (1955) remote controlled reconnaissance drone • Model Ryan 147A/B (1962) remote reconnaissance flights over China and Vietnam for SAM detection (Chinese shot down 5) • Israel vs. Syria (1982) remote electronic decoys and jammers • DARPA Amber Project (1984) first inverted v-tail drone • Used for reconnaissance and intelligence • Prototype remote cruise missile

  7. Military (continued) • Predator (1994) developed from Amber Project • First mission Spring 1995 Albania • Initially created for reconnaissance • Weaponized later • Reaper (2001) designed for long endurance high altitude surveillance • Carries 15 times the payload of the predator • Increased fuel capacity for 37 hour flights • 1st hunter-killer drone for tactical combat with variable armaments • Electronic jamming capability • 3,682 mile range; up to 50,000 feet altitude

  8. Military (continued) • Predator/Reaper • Used to kill prominent Al-Qaeda & Taliban operatives • 195 in operation (2009) • 70 lost to air crashes • 55 lost to operator error, equipment failure, or weather • 4 have been shot down • 11 lost to operational accidents on combat missions • Somewhere between 2000 and 4000 kills (depending upon who is counting)

  9. Jacob Preston: Law Enforcement Uses • U.S. Border Patrol • 10 Predator B Drones for US border surveillance • Loaner Program to other government agencies • Not armed (yet) • Plans to increase fleet to 24 drones w/ upgrades for “non-lethal weapons designed to immobilize targets of interest” • FBI – recently admitted using drones for surveillance within U.S. • DEA and ATF also have drones

  10. USBP Concept of Operations Pg 35 – CBP UAS CONOPS

  11. Law Enforcement (continued) • Local law enforcement starting to use drones • Requires FAA approval under strict guidelines • North Dakota • Farmer refused to return cattle • Drone deployed for surveillance • Chris Dorner • Renegade LA Policeman • First manhuntby drones inside the U.S.

  12. Law Enforcement (continued)) • Good citizenship controversy • A hobbyist using a homemade UAV discovered the Colombia Meat Packing Plant (Dallas) was dumping its waste into the creek nearby. • UAV was operating within limits (below 400 ft and within line-of-sight) • Who will be prosecuted, the illegal dumper or the person who recorded the illegal activity? • What is illegal surveillance?

  13. Maxine Major: Commercial & Civil Uses • Federal Aviation Administration (FAA) governs Unmanned Aircraft System (UAS), aka “drones” • “Currently, there are no means to obtain an authorization for commercial UAS operations” • Research uses can be authorized • 2013 FAA Aerospace Forecast • “UASs are currently the most dynamic growth sector within the aviation industry.” • Largest near-term growth expected be in “Small Unmanned Aircraft Systems” • Developing plans to integrate civil UAS into the National Airspace System (NAS) • Predict 7,500 commercial small UASs by 2018

  14. Commercial & Civil Uses (continued) • Only 2 FAA authorizations to date • Insitu’sScanEagle • Monitors ice and whales in Alaska • Duration 24+ hours; speed 41 m/s • 10 foot wingspan • Requires towable launcher • AeroVironment’s Puma • Used by NOAA at Florida Keys National Marine Sanctuary • Hand launched • Amphibious • Duration 2 hours; Range 15 km

  15. Commercial & Civil Uses (continued) • Possible U.S. commercial applications • Filmmaking, advertizing, real estate • Emergency services: fires, floods, and other natural disasters, as well as search and rescue • Monitoring utilities (oil & gas pipelines, power lines) • Farming: fertilizer, pesticides, seeding • International applications • Brazil: monitoring soybean and sugar cane. • France: inspecting railroads • China: (experimental) parcel delivery • Austrialia, New Zealand, Japan: crop spraying • Volcano monitoring by NASA in Costa Rica, Caribbean, Ecuador • Octocopters used to deliver medicine to Haiti

  16. Commercial & Civil Uses (continued) • Down-under farming • Yamaha RMAX RC helicopter spraying crops • Built in GPS • Requires UAV pilot certification • Idaho farming • Robert Blair (Kendrick, ID) • 2006 Homemade RC kit with GoPro camera • Field inspections • FAA (now) requires (1) instrument pilot license, (2) flight physical, (3) manned flight following

  17. Commercial & Civil Uses (continued) • “Dehogaflier” to hunt feral hogs in Louisiana. • $10,000 infrared camera attached to RC plane. • Drone uses infrared camera to find pig at night • Hunter uses night vision scope to kill the pig • Domino’s Pizza’s “Domicopter” a publicity stunt • Costa Concordia salvage exploration • PETA wants to use Octocopers to monitor animal rights

  18. Nate Krussel: Federal Regulations • UAS commercial applications are BANNED by the FAA • Recreational, experimental, and research uses are allowed, providing… • Flights are kept below 400 feet above ground level • When flying a UAS for Business R&D FAA approval is required. • Certificates of Waiver of Authorization (COA) for (government owned) public aircraft • Experimental Category (SAC-EC) for civil aircraft

  19. Federal Regulations (continued) • Daytime Operation in Visual Flight Rules • Pilot the aircraft in weather clear enough to see where the aircraft is going • Required “See and Avoid” other aircraft/objects • Range limited to Visual Line of Sight • Pilots must fly the UAS in line of sight, and should be able to easily maintain sight of UAS • No flights within 5 miles of airports • No UAV use above 400 AGL except with experimental category certificate

  20. Federal Regulations (continued) • FAA plans to integrate UAS into existing flight regulations • Want to unify flight of all vehicles in air • Future of civil commercial UASs Undecided • Restricted to arctic regions for now • Research use only • Certificate required • 60 to 90 days needed to process certificate request • Only 327 COA’s currently granted • They are expensive

  21. Federal Regulations (continued) • Military applications in U.S. airspace • Must follow FAA and DOD rules and regulations • Weaponized drones have been used against U.S. citizens overseas • Weaponized drones aren’t supposed to be used on U.S citizens inside the U.S. • A March 4, 2013 letter from the AG to Congress did not rule out strikes against U.S. citizens in the U.S. • Law enforcement applications in U.S. airspace • Some states have passed legislation regulating drones, others are in proposal stage • Congress has ordered the FAA to change rules to make it easier for police to use drones

  22. Federal Regulations (continued) • FAA soliciting proposals for 6 UAS test sites • 24 states have applied • All applicants are public companies, but names are withheld during evaluation • Final decision in late 2013 • Test site must be operational within six months of approval (image: http://www.faa.gov/about/initiatives/uas/media/UAS_testsite_map.pdf)

  23. Federal Regulations (continued) In summary… For personal use, you can use a drone under 400 feet with no commercial intent (same as recreational RC planes) For commercial use, there is none, except for R&D in the Arctic and with FAA certifications In law enforcement, states are pushing for new laws In the military, DOD rules and regulations apply

  24. Theora Rice: State Regulations Virginia (March, this year) Idaho (April, this year) Florida Montana North Dakota Tennessee Texas Hawaii Alaska Others in consideration

  25. Idaho Legislation - Highlights “Absent a warrant, and except for emergency response for safety, search and rescue or controlled substance investigations, no person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property.” “An owner of facilities located on lands owned by another under a valid easement, permit, license or other right of occupancy is not prohibited in this section from using an unmanned aircraft system to aerially inspect such facilities.”

  26. Idaho Legislation - Highlights • Consequences: • Civil cause of action against surveillance perpetrator • Be entitled to gather damages, to the amount of $1000+, actual and general damages, and attorney/litigation costs

  27. Other State Regulations • Running Table of States with Laws • https://www.aclu.org/blog/technology-and-liberty/status-domestic-drone-legislation-states • Virginia – Prohibits use for any agency “having jurisdiction over criminal law enforcement or regulatory violations” until July 1 2015 • Florida – law enforcement may use if there is a warrant, terrorist threat, or swift action is needed • Montana – When information using UAVs can be admitted as evidence

  28. Other State Regulations Tennessee – law enforcement may use if there is a warrant, terrorist threat, or swift action is needed Texas – Enumerates nineteen lawful uses Hawaii – Allocates funds for professional unmanned aircraft systems pilot program Alaska – Created a task force to review Federal Aviation Administration regulations on drones

  29. Kyle Swenson: Court Cases • Court cases in the United States • ACLU vs. CIA • State of North Dakota v Rodney Brossart • International court cases • Al-Aulaqi vs. Obama • Al-Aulaqivs. Panetta • Malik Noor Khan vs. Federation of Pakistan • Foundation for Fundamental Rights vs. Federation of Pakistan

  30. U.S. Court Cases • ACLU vs. CIA • FOIA request from ACLU seeking records on drones • CIA’s declined to either confirm or deny the existence of any records • ACLU argued that U.S. public officials (the President and CIA Director) had admitted the existence of the public records • U.S. District Court of Appeals ruled that the CIA must admit they have drone strike documents • They were required to give examples cited by public officials

  31. U.S. Court Cases (continued) • North Dakota vs. Brossart (2006) • Started with an ownership dispute over 6 cows • Law enforcement used drones to determine if Brossart was armed prior to arrest raid • Brossart claimed UAS use was 4th Amendment violation • Court ruled against Brossart because… • UAS wasn’t used to determine if a crime was committed • UAS was used only after an arrest warrant was issued

  32. International Court Cases • Al-Aulaqi vs. Obama • In April 2010, President Obama put Anwar Al-Aulaqi on a “targeted killing” list for his role in al-Qaeda • On August 30th, 2010 the ACLU and Center for Constitutional Rights filed suit in U.S. District Court on behalf of Nassar Al-Aulaqi, Anwar’s father • Anwar’s father challenged the government’s decision to authorize the targeted killing of his son • District Court dismissed the suit on procedural grounds, ruling that Nasser did not have legal standing to challenge the targeting of his son

  33. International Court Cases (continued) • Al-Aulaqi vs. Panetta • Anwar Al-Aulaqi, a U.S. born Yemeni Imam and al-Qaeda Islamic militant, was killed with a U.S. drone strike in Yemen on 9/30/2011 • Abdulrahman Al-Aulaqi, Anwar’s 16 year old son, also a U.S. citizen, and 2 other Yemenis were killed with a second U.S. drone strike on October 14, 2011 • On July 12, 2012, the ACLU and Center for Constitutional Rights filed suit in U.S. District Court on behalf of Nassar (the father & grandfather of the deceased) • Case in ongoing • U.S. Dept. of Justice has moved to dismiss • DOJ recognizes that judicial review is required for electronic surveillance of overseas citizens • DOJ claims the U.S. Government should be immune fromjudicial review of targeted killings

  34. International Court Cases (continued) • March 2011 drone strikes in Pakistan kill dozens at suspected Taliban meeting • MalikNoor Khan vs. Federation of Pakistan (ongoing) • Malik’s father, MalikDaud Khan was a tribal leader killed in the attack • Claims no affiliation with any terrorist organization, seeks compensation from Pakistani government • Foundation for Fundamental Rights vs. Federation of Pakistan • Public interest litigation on behalf of 8 people who lost family in the strikes • Peshawar High Court ruled that US drone strikes in Pakistan are… • Illegal breaches of national sovereignty • In blatant violation of basic human rights and the Geneva Conventions • The court also… • Ordered he Pakistani government to ensure drone strikes stop • Asked the U.S. to compensate all the victims’ families • Ruled that Pakistan had the legal obligation to stop drone strikes in Pakistan and have the right to retaliate and shoot down the drones

  35. Paul Oman: Drones and You There is no explicit “right to privacy” in the U.S. Constitution UAS drones are cheap and easy to use Who “owns” the airspace above your property? Is it legal to hover a drone outside an upper story bedroom window? Is surveying your property boundary an act of illegal surveillance? Can you shoot down a drone over your own property? What do courts do if/when the laws are ambiguous and contradictory? What do government agencies do when inter-agency regulations conflict?

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