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CWAG Data Security & Privacy Conference Drones on the Horizon

CWAG Data Security & Privacy Conference Drones on the Horizon. October 3, 2013 Jennifer Lynch—Senior Staff Attorney Electronic Frontier Foundation. What is a Drone?. Powered, aerial vehicles No human operator on board Can fly autonomously or be piloted remotely

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CWAG Data Security & Privacy Conference Drones on the Horizon

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  1. CWAG Data Security & Privacy ConferenceDrones on the Horizon October 3, 2013 Jennifer Lynch—Senior Staff Attorney Electronic Frontier Foundation

  2. What is a Drone? Powered, aerial vehicles No human operator on board Can fly autonomously or be piloted remotely Can be expendable or recoverable Can carry a lethal or nonlethal payload (weapons or surveillance equipment) Dept. of Defense Definition:

  3. Drones Today . . . Predator Nano Hummingbird Puma AE DIY Drones Solar Eagle Honeywell T-Hawk

  4. Where Drones are Flying: https://www.eff.org/foia/faa-drone-authorizations

  5. Drones and Privacy—What are the Concerns?

  6. Drones and Privacy 1st Amendment • Personal and commercial drone use will create tension between First Amendment and privacy • Barbara Streisand Case • Paparazzi Statutes • Florida Star v. B.J.F. (1989)

  7. Drones and Privacy 4th Amendment & Privacy Statutes • Companies flying drones will need to worry about law enforcement access to data • How Fourth Amendment & privacy statutes apply to drone surveillance is far from clear: • Privacy in your home & backyard? • (US v. Kyllo (2001) / Florida v. Jardines (2013) • (CA. v. Ciraolo (1986) / Video Camera Cases)) • Privacy in public places? • (US v. Knotts (1983) / US v. Jones (2012)) • Ubiquitous surveillance? • (US v. Jones (2012) / Video Camera Cases)

  8. Drones and Privacy New State and Federal Laws • 43 states have introduced drone bills / 6 passed with some limitations on drone use • 4 active federal bills with both Rep. / Dem. sponsors • Almost all require a warrant to use a drone in criminal investigations Sources: http://www.ncsl.org/issues-research/justice/unmanned-aerial-vehicles.aspx http://www.aclu.org/blog/technology-and-liberty/status-domestic-drone-legislation-states

  9. Thank You! Jennifer Lynch Electronic Frontier Foundation jen@eff.org @lynch_jen www.eff.org/foia/faa-drone-authorizations

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