COMMUNITY POLICING AND UNMANNED AIRCRAFT SYSTEMS …

31

32

CO

MM

UNITY

PO

LIC

ING

AN

D

UNM

AN

NED

AIR

CRA

FT S

YSTE

MS

(UA

S)

Tukw

ila P

olic

e D

epar

tmen

t Int

egra

ting

21st

Cen

tury

Tec

hnol

ogy

Impr

ovin

g C

omm

unity

and

O

ffice

r Saf

ety

33

INTE

GRA

TING

SM

ALL

UA

STO

IMPR

OV

E C

OM

MUN

ITY A

ND

OFF

ICER

SA

FETY

It is

the

inte

nt o

f the

Tuk

wila

Pol

ice

Dep

artm

ent

to u

tilize

UA

S to

enh

ance

the

dep

artm

ent’

s ab

ility

to sa

ve liv

es, p

rote

ct p

rope

rty a

nd

doc

umen

t crim

e sc

enes

and

col

lisio

n sc

enes

.

34

INTE

GRA

TING

SM

ALL

UA

S TO

IMPR

OV

E C

OM

MUN

ITY A

ND

OFF

ICER

SA

FETY

The

Bene

fits o

f Int

egra

ting

sUA

S

En

hanc

ed se

arch

and

resc

ue o

pera

tions

Ra

pid

crim

e sc

ene

reco

nstru

ctio

n

Tim

ely

acci

den

t sce

ne re

cons

truct

ion

O

ffice

r saf

ety

thro

ugh

bette

r situ

atio

nal

aw

are

ness

C

ritic

al in

cid

ent r

espo

nse

D

am

age

ass

essm

ents

dur

ing

disa

ster

resp

onse

35

36

PRIV

AC

Y A

ND

4TH

AM

END

MEN

T C

ON

CER

NS

REG

ARD

ING

THE

USE

OF

UAS

Prot

ectin

g Pr

ivac

y Fr

om A

eria

l Su

rvei

llanc

e:

Reco

mm

end

atio

ns fo

r gov

ernm

ent

use

of “

dro

ne”

airc

raft

D

ECEM

BER

2011

A

mer

ican

Civ

il Lib

ertie

s Uni

on12

5 Br

oad

Stre

et, 1

8th

Floo

r

New

Yor

k, N

Y 10

004

ww

w.a

clu.

org

Was

hing

ton

Stat

e Po

licy

Gui

delin

es F

or

Unm

anne

d A

ircra

ft Sy

stem

s

Chi

ef P

rivac

y O

ffice

r

Offi

ce o

f Priv

acy

and

Data

Pr

otec

tion

St

ate

of W

ashi

ngto

n

D

esk

360.

407.

8678

|

alex

.alb

en@

wat

ech.

wa.

gov

37

UAS

IMA

GER

Y US

ED F

OR

SITU

ATIO

NA

L A

WA

REN

ESS

IS T

HE S

AM

E D

ATA

PRO

VID

ED B

Y O

THER

CO

LLEC

TION

SYS

TEM

S

Po

lice

man

ned

aer

ial s

urve

illanc

e pl

atfo

rms h

ave

not g

ener

ated

the

sam

e le

vel o

f priv

acy

conc

erns

N

egat

ive

perc

eptio

n of

sUA

S as

soci

ated

with

arm

ed a

nd

surv

eilla

nce

“Dro

nes”

on

the

battl

efie

ld

He

ight

ened

pub

lic c

once

rn o

ver

the

perc

eive

d m

ilitar

izatio

n of

po

lice

agen

cies

sU

AS

used

for p

ublic

safe

ty a

re n

ot

Milit

ary

“Dro

nes”

38

IT’S

ABO

UT IN

FORM

ATIO

N A

ND

WHA

T YO

U D

O W

ITH IT

NO

T W

HERE

YO

U G

ET IT

FRO

M. I

T’S

NO

T A

BOUT

UA

S/D

RON

ES**

N

ews h

elic

opte

rs

Polic

e in

-car

vid

eo

Polic

e bo

dy-

cam

vid

eo

CN

N N

ews

Cha

nnel

Buy

s A

ltus

Dro

ne F

or A

eria

l New

s

39

GUI

DEL

INES

TO

ASS

URE

CO

MM

UNITY

EN

GA

GEM

ENT

ABO

UT A

SUC

CES

SFUL

UA

S PR

OG

RAM

La

w e

nfor

cem

ent a

dhe

renc

e an

d re

spec

t for

civ

il rig

hts

Us

age

limits

and

pol

icie

s tha

t ad

dre

ss p

urpo

se o

f use

A

ppro

pria

te d

ocum

enta

tion

of

oper

atio

ns

D

ata

min

imiza

tion

and

rete

ntio

n po

licie

s

Th

e ad

here

nce

to F

AA

re

gula

tions

Po

licy

man

agem

ent

A

buse

Pre

vent

ion

and

A

ccou

ntab

ility

40

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

Polic

e A

dmin

istra

tion

A

ll dep

loym

ents

of s

UAS

mus

t be

spec

ifica

lly a

utho

rized

by

the

chie

f of

Pol

ice

or a

des

igna

ted

com

man

d-le

vel o

ffice

r.

TPD

has

ad

opte

d th

e us

e of

sUA

S to

pro

vid

e an

aer

ial v

isual

pe

rspe

ctiv

e in

resp

ond

ing

to e

mer

genc

y sit

uatio

ns a

nd e

xigen

t ci

rcum

stan

ces,

and

for t

he fo

llow

ing

obje

ctiv

es:

Si

tuat

iona

l aw

aren

ess

–To

ass

ist d

ecisi

on m

aker

s in

und

erst

and

ing

the

natu

re, s

cale

and

scop

e o

f an

inci

den

t

Sear

ch a

nd re

scue

–To

ass

ist m

issin

g pe

rson

inve

stig

atio

ns, A

MBE

R A

lerts

, Si

lver

Ale

rts a

nd o

ther

sear

ch a

nd re

scue

miss

ions

.

Tact

ical

Dep

loym

ent -

To su

ppor

t the

tact

ical

dep

loym

ent o

f offi

cers

an

d e

quip

men

t in

emer

genc

y sit

uatio

ns su

ch a

s lar

ge sc

ale

tact

ical

op

erat

ions

.

Scen

e Do

cum

enta

tion

–To

doc

umen

t a c

rime

scen

e, a

ccid

ent s

cene

, or

oth

er m

ajor

inci

den

t sce

ne su

ch a

s disa

ster

man

agem

ent o

r lar

ge-

scal

e fo

rens

ic sc

ene

inve

stig

atio

n

41

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

PRO

CED

URES

FO

R sU

AS

USE

Th

e ag

ency

mus

t obt

ain

appl

icab

le a

utho

rizat

ions

, per

mits

, or

certi

ficat

es re

quire

d b

y th

e Fe

der

al A

viat

ion

Ad

min

istra

tion

(FA

A)

prio

r to

dep

loyi

ng o

r ope

ratin

g th

e sU

AS,

and

thes

e au

thor

izatio

ns, p

erm

its, a

nd c

ertif

icat

es sh

all b

e m

aint

aine

d a

nd

curre

nt.

Th

e sU

AS

will

be o

pera

ted

onl

y by

per

sonn

el (p

ilots

and

cre

w

mem

bers

) who

hav

e be

en tr

aine

d a

nd c

ertif

ied

in th

e op

erat

ion

of th

e sy

stem

.

Th

e sU

AS-

certi

fied

per

sonn

el sh

all in

spec

t and

test

sUA

S eq

uipm

ent p

rior t

o ea

ch d

eplo

ymen

t to

verif

y th

e pr

oper

fu

nctio

ning

of a

ll equ

ipm

ent a

nd th

e ai

rwor

thin

ess o

f the

dev

ice.

Th

e sU

AS

equi

pmen

t and

all d

ata,

imag

es, v

ideo

, and

met

adat

a ca

ptur

ed, r

ecor

ded

, or o

ther

wise

pro

duc

ed b

y th

e eq

uipm

ent i

s th

e so

le p

rope

rty o

f the

age

ncy

42

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

PRO

CED

URES

FO

R sU

AS

USE

A

ll flig

hts w

ill be

doc

umen

ted

on

a fo

rm o

r dat

abas

e d

esig

ned

for

that

pur

pose

, and

all f

light

tim

e sh

all b

e ac

cura

tely

reco

rded

.

Each

dep

loym

ent o

f the

sUA

S sh

all in

clud

e in

form

atio

n re

gard

ing

the

reas

on fo

r the

flig

ht; t

he ti

me,

dat

e, a

nd lo

catio

n of

the

fligh

t; th

e na

me

of th

e su

perv

isor a

ppro

ving

the

dep

loym

ent a

nd th

e st

aff

assig

ned

; and

a su

mm

ary

of th

e ac

tiviti

es c

over

ed, a

ctio

ns ta

ken,

an

d o

utco

mes

from

the

dep

loym

ent.

Ex

cept

for t

hose

inst

ance

s whe

re o

ffice

r saf

ety

or in

vest

igat

ion

coul

d

be je

opar

dize

d—

and

whe

re re

ason

ably

pos

sible

and

pra

ctic

al, t

he

Chi

ef o

f Pol

ice

or a

des

igna

ted

com

man

d-le

vel o

ffice

r will

cons

ider

no

tifyi

ng th

e pu

blic

W

here

ther

e ar

e sp

ecifi

c an

d a

rticu

labl

e gr

ound

s to

belie

ve th

at th

e sU

AS

will

colle

ct e

vid

ence

of c

rimin

al w

rong

doi

ng a

nd/o

r if t

he sU

AS

will

be u

sed

in a

man

ner t

hat m

ay in

trud

e up

on re

ason

able

ex

pect

atio

ns o

f priv

acy,

the

agen

cy w

ill ob

tain

a se

arch

war

rant

pr

ior t

o co

nduc

ting

the

fligh

t.

43

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

REST

RIC

TION

S O

N U

SIN

G s

UAS

Th

e sU

AS

shal

l be

dep

loye

d a

nd u

sed

onl

y to

supp

ort o

ffici

al la

w

enfo

rcem

ent a

nd p

ublic

safe

ty m

issio

ns.

Th

e sU

AS

shal

l not

be

oper

ated

in a

n un

safe

man

ner o

r in

viol

atio

n of

FA

A ru

les.

Th

e sU

AS

shal

l not

be

equi

pped

with

wea

pons

of a

ny k

ind

.

44

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

DIG

ITAL

MUL

TI-M

EDIA

EVI

DEN

CE

(DM

E) R

ETEN

TION

AN

D M

AN

AG

EMEN

T

All D

ME

shal

l be

hand

led

in a

ccor

dan

ce w

ith e

xistin

g po

licy

on

dat

a an

d re

cord

rete

ntio

n, w

here

app

licab

le.

A

ll DM

E sh

all b

e se

cure

ly d

ownl

oad

ed a

t the

com

plet

ion

of e

ach

miss

ion.

The

sUA

S-ce

rtifie

d o

pera

tors

will

reco

rd in

form

atio

n fo

r ea

ch fi

le th

at sh

all in

clud

e th

e d

ate,

tim

e, lo

catio

n, a

nd c

ase

refe

renc

e nu

mbe

rs o

r oth

er m

issio

n id

entif

iers

—an

d id

entif

y th

e sU

AS

pers

onne

l invo

lved

in m

issio

n.

O

ffice

rs sh

all n

ot e

dit,

alte

r, er

ase,

dup

licat

e, c

opy,

shar

e, o

r ot

herw

ise d

istrib

ute

in a

ny m

anne

r sUA

S D

ME

with

out p

rior w

ritte

n au

thor

izatio

n an

d a

ppro

val o

f the

Chi

ef o

f Pol

ice

or h

is or

her

d

esig

nee.

45

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

DIG

ITAL

MUL

TI-M

EDIA

EVI

DEN

CE

(DM

E) R

ETEN

TION

AN

D M

AN

AG

EMEN

T

A

ll acc

ess t

o sU

AS

DM

E m

ust b

e sp

ecifi

cally

aut

horiz

ed

by th

e C

hief

or h

is or

her

des

igne

e, a

nd a

ll acc

ess i

s to

be a

udite

d to

ens

ure

that

onl

y au

thor

ized

use

rs a

re

acce

ssin

g th

e d

ata

for l

egiti

mat

e an

d a

utho

rized

pu

rpos

es.

Fi

les s

houl

d b

e se

cure

ly st

ored

in a

ccor

dan

ce w

ith

agen

cy p

olic

y an

d st

ate

reco

rds r

eten

tion

law

s and

re

tain

ed n

o lo

nger

than

nec

essa

ry fo

r pur

pose

s of

train

ing

or fo

r use

in a

n in

vest

igat

ion

or p

rose

cutio

n.

46

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

sUA

S SU

PERV

ISIO

N A

ND

REPO

RTIN

G

sUA

S su

perv

isory

per

sonn

el sh

all m

anag

e al

l dep

loym

ents

an

d u

ses o

f sUA

S to

ens

ure

that

offi

cers

equ

ippe

d w

ith sU

AS

dev

ices

util

ize th

em in

acc

ord

ance

with

pol

icy

and

pr

oced

ures

def

ined

her

ein.

A

n au

thor

ized

sUA

S su

perv

isor o

r ad

min

istra

tor w

ill au

dit

fligh

t doc

umen

tatio

n at

regu

lar i

nter

vals.

The

resu

lts o

f the

au

dit

will

be d

ocum

ente

d. A

ny c

hang

es to

the

fligh

t tim

e co

unte

r if e

quip

ped

will

be d

ocum

ente

d.

Th

e C

hief

of P

olic

e or

his

or h

er d

esig

nee

shal

l doc

umen

t th

e ag

ency

’s d

eplo

ymen

t and

use

of s

UAS

dev

ices

.

47

TPD

UA

S PO

LIC

Y HI

GHL

IGHT

S

TRA

ININ

G

Polic

e pe

rson

nel w

ho a

re a

ssig

ned

sUA

S m

ust c

ompl

ete

an

agen

cy-a

ppro

ved

trai

ning

pro

gram

to e

nsur

e pr

oper

use

an

d o

pera

tions

.

Ad

diti

onal

trai

ning

may

be

requ

ired

at p

erio

dic

inte

rval

s to

ensu

re th

e co

ntin

ued

effe

ctiv

e us

e an

d o

pera

tion

and

pr

oper

cal

ibra

tion

and

per

form

ance

of t

he e

quip

men

t and

to

inco

rpor

ate

chan

ges,

upd

ates

, or o

ther

revi

sions

in

polic

y an

d e

quip

men

t.

All a

genc

y pe

rson

nel w

ith sU

AS

resp

onsib

ilitie

s, in

clud

ing

com

man

d o

ffice

rs, s

hall a

lso b

e tra

ined

in th

e lo

cal a

nd

fed

eral

law

s and

regu

latio

ns, a

s wel

l as p

olic

ies a

nd

proc

edur

es g

over

ning

the

dep

loym

ent a

nd u

se o

f sUA

S.

48

TUKW

ILA

PO

LIC

E UA

S C

ERTIF

ICA

TION

A

ND

TRA

ININ

G

Re

gula

tions

A

irspa

ce c

lass

ifica

tions

O

pera

ting

requ

irem

ents

Fl

ight

rest

rictio

ns

A

viat

ion

wea

ther

sour

ces

Ef

fect

s of w

eath

er o

n sm

all U

AS

Sm

all U

AS

load

ing

Em

erge

ncy

proc

edur

es

Cre

w re

sour

ce m

ana

gem

ent

Ra

dio

com

mun

icat

ions

Sm

all u

nman

ned

airc

raft

perfo

rman

ce

Phys

iolo

gica

l fac

tors

Aer

onau

tical

dec

ision

mak

ing

M

aint

enan

ce a

nd p

re-fl

ight

in

spec

tions

49

TUKW

ILA

PD

UA

S SE

LEC

TION

CRI

TERI

A

Flig

ht p

erfo

rman

ce

Aut

onom

ous f

light

End

uran

ce

Retu

rn h

ome

capa

bilit

y

Obs

tacl

e av

oid

ance

Opt

ics

Phot

ogra

mm

etry

softw

are

com

patib

ility

Dat

a st

orag

e ca

paci

ty

Live

stre

amin

g

Prog

ram

and

veh

icle

cos

ts

Com

patib

ility

with

Val

ley

agen

cies

(com

mon

trai

ning

, ph

otog

ram

met

ry a

nd e

quip

men

t pac

kage

s)

50

TUKW

ILA

PD

UA

SC

OM

MUN

ICA

TION

S PL

AN

Pu

blic

Saf

ety

Com

mitt

ee

Tr

ansp

orta

tion

Com

mitt

ee

C

omm

unity

Orie

nted

Pol

ice

C

itize

ns A

dvi

sory

Boa

rd

Tu

kwila

Inte

rnat

iona

l Bou

leva

rd

Act

ion

Com

mitt

ee

Tu

kwila

Rep

orte

r New

spa

per

Ha

zeln

ut P

ublic

atio

n

C

ity o

f Tuk

wila

Web

site

linke

d to

Po

lice

Dep

artm

ent W

ebsit

e

51

JUL

17

MAY

17

AP

RIL

17

Mar

17

FEB

17

JAN

17

SE

P 17

AU

G 1

7

JUN

E 1

7M

ON

THLY

AN

ALY

SIS

OF

UA

S P

RO

GR

AM

UA

S F

LIG

NT

TRA

ININ

G A

ND

SO

P C

OM

PLE

TIO

N

CO

MM

UN

ICA

TIO

NS

CA

MP

AIG

N S

TRA

TEG

Y E

XEC

UTI

ON

RE

MO

TE P

ILO

T C

ER

TIFI

CAT

ION

TR

AIN

ING

PO

LIC

Y D

EV

ELO

PM

EN

T

UA

S P

ILO

T P

RO

GR

AM

BE

GIN

S

PU

BLI

C S

AFE

TY C

OM

MIT

TEE

UP

DA

TE O

N T

HE

UA

S P

RO

GR

AM

MO

NTH

LY A

NA

LYS

IS O

F U

AS

PR

OG

RAM

MO

NTH

LY A

NA

LYS

IS O

F U

AS

PR

OG

RAM

MO

NTH

LY A

NA

LYS

IS O

F U

AS

PR

OG

RAM

FIN

AL

MO

NTH

LY A

NA

LYS

IS A

ND

AU

DIT

OF

UA

S P

RO

GR

AM

FIN

AL

PU

BLI

C S

AFE

TY C

OM

MIT

TEE

UP

DA

TE

FULL

IMP

LEM

ENTA

TIO

N D

ETE

RM

INAT

ION

NO

V 1

7DE

C 1

7

OC

T 17

Tukw

ila P

olic

e D

epar

tmen

t sU

AS

Im

plem

enta

tion

Tim

elin

e

52

TUKW

ILA

PD

UAS

PRO

GRA

M C

OST

S

ITEM

DESC

RIPT

ION

CO

ST

2 M

avic

sUA

S w

/Acc

esso

ries

UAV

-vi

deo

, stil

ls, a

uton

omou

s, ob

stac

le a

void

ance

, liv

e vi

deo

feed

, ind

oor

$3,0

00

1 In

spire

2 s

UAS

w/A

cces

sorie

sUA

V -

High

Res

olut

ion

20 M

P St

ills, 5

K vi

deo

, au

tono

mou

s, ob

stac

le a

void

ance

, liv

e HD

vid

eo$7

,000

PIX

4D P

hoto

gram

met

ry S

oftw

are

Cre

ate

3D

Ima

ging

from

vid

eo o

r stil

l ima

ges t

o in

clud

e th

erm

al$1

0,00

0

PIX

4D P

hoto

gram

met

ry Tr

aini

ngC

reat

ing

a 3D

wor

kflo

w fo

r rec

onst

ruct

ion

of sc

enes

ba

sed

off

of a

eria

l and

gro

und

bas

ed p

hoto

grap

hy$3

,000

Com

pute

rco

mpu

ter w

ith in

crea

sed

pro

cess

ing

capa

city

for P

IX

4D p

hoto

gram

met

ry p

roce

ssin

g $5

,000

d9 M

appi

ng P

acka

geA

uton

omou

sly m

appi

ng o

utd

oor s

cene

s$3

,500

3dr S

olo,

Vid

eo S

EV

ideo

map

ping

a sc

ene/

Targ

eted

Sur

veilla

nce,

live

HD fe

ed$2

,500

Map

ping

and

Flig

ht Tr

aini

ngBa

sic fl

ight

and

em

erge

ncy

proc

edur

es tr

ain

ing

as

wel

l as a

uton

omou

s flig

ht p

lann

ing

$5,0

00

TOTA

L EST

IMA

TED

CO

STS

$39,

000

53

QUE

STIO

NS

54

Policy

706 Tukwila Police Department

Policy Manual

SMALL UNMANNED AIRCRAFT SYSTEMS 706.1 PURPOSE This policy is intended to provide personnel who are assigned responsibilities associated with the deployment and use of small unmanned aircraft systems (sUAS) with instructions on when and how this technology and the information it provides may be used for law enforcement and public safety purposes in accordance with law

706.2 POLICY It is the policy of this department that duly trained and authorized agency personnel may deploy sUAS when such use is appropriate in the performance of their official duties, and where deployment and use, and the collection and use of any audio/video recordings or other data originating from or generated by the sUAS, comport with the policy provisions provided herein and applicable law.

706.3 DEFINITIONS Digital Multimedia Evidence (DME): Digital recording of images, sounds, and associated data.

Model Aircraft: A remote controlled aircraft used by hobbyists that is built, produced, manufactured, and operated for the purposes of sport, recreation, and/or competition.

Unmanned Aircraft (UA) or Unmanned Aerial Vehicle (UAV): An aircraft that is intended to navigate in the air without an on-board pilot. Also alternatively called Remotely Piloted Aircraft (RPA), Remotely Operated Vehicle (ROV), or Drone.

Unmanned Aircraft System (UAS): A system that includes the necessary equipment, network, and personnel to control an unmanned aircraft.

Small Unmanned Aircraft Systems (sUAS): UAS systems that utilize UAVs weighing less than 55 pounds and are consistent with Federal Aviation Administration (FAA) regulations governing model aircraft.

UAS Flight Crewmember: A pilot, visual observer, payload operator or other person assigned duties for a UAS for the purpose of flight or training exercise.

Unmanned Aircraft Pilot: A person exercising control over a UA/UAV/UAS during flight. 706.4 ADMINISTRATION All deployments of sUAS must be specifically authorized by the Chief of Police or his designee. This agency has adopted the use of sUAS to provide an aerial visual perspective in responding to emergency situations and exigent circumstances, and for the following objectives:

Copyright Lexipol, LLC 2017/01/12, All Rights Reserved. Published with permission by Tukwila Police Department

***DRAFT*** SMALL UNMANNED AIRCRAFT SYSTEMS - 1

55

Tukwila Police DepartmentPolicy Manual

SMALL UNMANNED AIRCRAFT SYSTEMS

Copyright Lexipol, LLC 2017/01/12, All Rights Reserved. Published with permission by Tukwila Police Department ***DRAFT*** SMALL UNMANNED AIRCRAFT SYSTEMS -

2

1. Situational Awareness: To assist decision makers (e.g., incident command staff; first responders; city, county, and state officials) in understanding the nature, scale, and scope of an incident—and for planning and coordinating an effective response.

2. Search and Rescue: To assist missing person investigations, AMBER Alerts, Silver Alerts, and other search and rescue missions.

3. Tactical Deployment: To support the tactical deployment of officers and equipment in emergency situations (e.g., incidents involving hostages and barricades, support for large-scale tactical operations, and other temporary perimeter security situations).

4. Visual Perspective: To provide an aerial visual perspective to assist officers in providing direction for crowd control, traffic incident management, special circumstances, and temporary perimeter security.

5. Scene Documentation: To document a crime scene, accident scene, or other major incident scene (e.g., disaster management, incident response, large-scale forensic scene investigation).

706.5 PROCEDURES FOR SUAS USE 1. The agency must obtain applicable authorizations, permits, or certificates required by the Federal Aviation Administration (FAA) prior to deploying or operating the sUAS, and these authorizations, permits, and certificates shall be maintained and current.

2. The sUAS will be operated only by personnel (pilots and crew members) who have been trained and certified in the operation of the system and are FAA Certified Remote Pilots.

3. The sUAS-certified personnel shall inspect and test sUAS equipment prior to each deployment to verify the proper functioning of all equipment and the airworthiness of the device.

4. The sUAS equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer’s supervisor as soon as possible so that an appropriate repair can be made or a replacement unit can be procured.

5. The sUAS equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency.

6. All flights will be documented on a form or database designed for that purpose, and all flight time shall be accurately recorded. In addition, each deployment of the sUAS shall include information regarding the reason for the flight; the time, date, and location of the flight; the name of the supervisor approving the deployment and the staff assigned; and a summary of the activities covered, actions taken, and outcomes from the deployment.

7. Except for those instances where officer safety or investigation could be jeopardized—and where reasonably possible and practical, agencies should consider notifying the public.

8. Where there are specific and articulable grounds to believe that the sUAS will collect evidence of criminal wrongdoing and/or if the sUAS will be used in a manner that may intrude upon

56




3

reasonable expectations of privacy, the agency will obtain a search warrant prior to conducting the flight.

706.6 RESTRICTIONS ON USING THE SUAS 1. The sUAS shall be deployed and used only to support official law enforcement and public safety missions.

2. The sUAS shall not be operated in an unsafe manner or in violation of FAA rules.

3. The sUAS shall not be equipped with weapons of any kind. 706.7 DME RETENTION AND MANAGEMENT 1. All DME shall be handled in accordance with existing policy on data and record retention, where applicable.

2. All DME shall be securely downloaded at the completion of each mission. The sUAS- certified operators will record information for each file that shall include the date, time, location, and case reference numbers or other mission identifiers—and identify the sUAS personnel involved in mission.

3. Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner sUAS DME without prior written authorization and approval of the Chief of Police or his designee.

4. All access to sUAS DME must be specifically authorized by the Chief of Police or his or her designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes.

5. Files should be securely stored in accordance with agency policy and state records retention laws and retained no longer than necessary for purposes of training or for use in an investigation or prosecution.

706.8 SUAS SUPERVISION AND REPORTING 1. sUAS supervisory personnel shall manage all deployments and uses of sUAS to ensure that officers equipped with sUAS devices utilize them in accordance with policy and procedures defined herein.

2. An authorized sUAS supervisor or administrator will audit flight documentation at regular intervals. The results of the audit will be documented. Any changes to the flight time counter, if equipped, will be documented.

3. The Chief of Police or his or her designee shall document the agency’s deployment and use of sUAS.

57




4

706.9 TRAINING 1. Police personnel who are assigned sUAS must complete an agency-approved training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation and proper calibration and performance of the equipment and to incorporate changes, updates, or other revisions in policy and equipment.

2. All agency personnel with sUAS responsibilities, including command officers, shall also be trained in the local and federal laws and regulations, as well as policies and procedures governing the deployment and use of sUAS.

58

Washington State Policy Guidelines For Unmanned Aircraft Systems

The advent and widespread use of drones has raised many complex questions in Washington State, resulting in different legislative proposals to regulate the use of drones—unmanned aerial vehicles—by state agencies and programs.

This document is designed to guide policy makers and stakeholders as they develop policy proposals. It reflects input from the Executive Branch, Office of the CIO, DOT, and a broad group of agencies. The guidelines are not listed in any particular order or priority.

1. Definition of “Drones”—should apply to unmanned aerial vehicles controlled by a remote operator. Sample definition: “An unmanned aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.”

2. Law Enforcement and Respect for Civil Rights.

A. Fourth Amendment requirements must apply to the use of evidence derived from drone surveillance. This is grounded on probable cause and the need to obtain a warrant in advance of use for law enforcement purposes, if such evidence is to be introduced in a court of law.

B. Drones should not be used to monitor activities protected by the First Amendment or lawful exercise of other Constitutional rights.

C. Law enforcement personnel should balance use of drones against other means of gathering information in a particular investigative need, assessing whether such alternative means are less intrusive than the deployment of drones.

3. Purpose of Use—the purpose of use of a particular flight should be recorded and maintained by the applicable agency.

A. Drones should only be used in connection with properly authorized investigations and activities, unless they are authorized for on-going use by documented Agency policy.

B. Exceptions to stating a purpose of use in advance of actual use can be made for emergencies such as natural disasters, terrorism and “hot pursuit” of crimes.

C. Data collected by drones must be subject to existing state and federal laws and regulations regarding the privacy of personal information.

4. Data Minimization—the video images and other data derived from surveillance applications should be minimized in terms of review and retention, consistent with state records retention requirements. Only data pertaining to the original purpose of the drone flight should be retained. Agencies should set retention schedules consistent with the fulfillment of the original purpose of the drone flight.

59

5. Federal Law

A. FAA regulations regarding registration of drones, safety and no-drone zones must be followed.

B. The state acknowledges existing “open view” doctrines, as set forth by the Supreme Court and other legal authorities.

6. Policy Management

A. Drone guidelines and agency implementation should be reviewed annually to keep up with technology and respond to citizen concerns. Such review should take place within any agency that operates drones.

B. Drone guidelines should be published in print and online by each agency. OCIO will retain the guidelines in a central location.

C. The state should conduct public education and outreach regarding drone policies and operations by state agencies.

D. The state should not share drone data with the federal agencies without judicial authorization or review.

E. The state should not share drone data with local governments or between state agencies, unless such sharing is specified within the original purpose of the deployment

Alex Alben

Chief Privacy Officer

Office of Privacy and Data Protection

State of Washington

Desk 360.407.8678 | [email protected]

60

Published on American Civil Liberties Union (https://www.aclu.org)

Domestic Drones [1] U.S. law enforcement is greatly expanding its use of surveillance drones, and private actors are also seeking to use the technology for personal and commercial use.

Drones have many beneficial uses, including in search-and-rescue missions, scientific research, mapping, and more. But deployed without proper regulation, drones equipped with facial recognition software, infrared technology, and speakers capable of monitoring personal conversations would cause unprecedented invasions of our privacy rights. Interconnected drones could enable mass tracking of vehicles and people in wide areas. Tiny drones could go completely unnoticed while peering into the window of a home or place of worship.

Surveillance drones [2] have been the subject of fierce debate among both legislators and the public, giving rise to an impressive amount of state legislation—proposed and enacted—to protect individuals’ privacy. Uniform rules should be enacted to ensure that we can enjoy the benefits of this new technology without bringing us closer to a “surveillance society” in which our every move is monitored, tracked, recorded, and scrutinized by the government.

The ACLU recommends the following safeguards:

Usage Limits: A drone should be deployed by law enforcement only with a warrant, in an emergency, or when there are specific and articulable grounds to believe that the drone will collect evidence relating to a specific criminal act.

Data Retention: Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation or trial.

Policy: Usage policy on drones should be decided by the public’s representatives, not by police departments, and the policies should be clear, written, and open to the public.

Abuse Prevention and Accountability: Use of domestic drones should be subject to open audits and proper oversight to prevent misuse.

Weapons: Domestic drones should not be equipped with lethal or non-lethal weapons.

© 2017 ACLU

61

Source URL: https://www.aclu.org/issues/privacy-technology/surveillance-technologies/domestic-drones

Links [1] https://www.aclu.org/issues/privacy-technology/surveillance-technologies/domestic-drones [2] http://www.aclu.org/blog/tag/domestic-drones

62

Community Policing & Unmanned Aircraft Systems (UAS) Guidelines to Enhance Community Trust

Executive Summary There is no question that technology is rapidly changing the face of policing today. Most police forces now have computers in patrol cars and communicate with their officers via cell phone. They actively use new technologies to gather license plate data and pinpoint hot spots of crime. New DNA testing capabilities are reopening thousands of old cases, offering the chance to complete an investigation or, in some cases, reverse a wrongful conviction. A driving force among cutting-edge businesses is the search for “disruptive” technologies—a product that will completely transform a market and potentially make former products obsolete. Technology has been a “disruptive” force for law enforcement in many ways. For example, the use of cellphone cameras and the explosive growth of body-worn cameras have irreversibly changed the nature of policing. Like these other technological breakthroughs, the development of small unmanned aircraft systems (sUAS) has the potential to revolutionize policing. These systems are portable, relatively easy to learn and use, and are becoming increasingly affordable as more manufacturers enter the growing market. The agencies that have pioneered the use of this technology have discovered that a sUAS can increase operational efficiency and improve officer and community safety. They can, among other benefits, help find lost persons, protect police officers during searches for armed suspects, decrease time needed to process crime and accident scenes, and aid in disaster relief and recovery. But this is just the start. Developers have already produced prototype miniature unmanned systems that can be carried in a pocket. They are perfecting the ability of sUAS to fly through a building using their own GPS systems. They are increasing battery power to enable them to fly longer distances or hover in place for an hour or more. And we can only imagine that the use of this technology could one day be the “Airborne Partner” to every public safety officer regardless of their location or the situation they are confronted with. The potential for these systems has caused a number of policing agencies to take note. However, early adopters of this new technology have discovered a painful truth: Where law enforcement leaders see a wonderful new tool for controlling crime and increasing public safety, a portion of the public sees the potential for a massive invasion of privacy. In the public mind the

type specimen of unmanned aircraft systems is the military drone, able to hover for days, spying indiscriminately and conducting missile strikes without warning. Furthermore, the regulatory environment in the past allowed hobbyists to buy and fly sUAS the same day, while law enforcement leaders faced a number of challenges to using this relatively new technology. Chief among those were restrictions placed on sUAS use by the Federal Aviation Administration (FAA). As a result, few police and sheriff’s departments completed the rigorous authorization process and received approval for use. However, in August 2016 the FAA completed an eight-year rulemaking process and established regulations to allow the use of sUAS in the National Airspace System (NAS). With the regulatory framework in place, the use of sUAS will undoubtedly grow at a much greater pace. In addition, numerous privacy advocates and concerned citizens, as well as state legislatures across the country, have strong and valid concerns regarding privacy and safety. For example, at least 17 states have placed some level of restriction on police use of sUAS, and many others have legislation under consideration. The concerns and questions are many, and the answers thus far, are few. 1

The President’s Task Force on 21st Century Policing (2015) notes that technology can indeed, be a double-edged sword for law enforcement. While it can provide immeasurable benefits, it can also cause police officers to spend less time interacting with citizens. The resulting alienation can cause communities to see law enforcement as an occupying force, completely divorced from the concerns of the public. To avoid this alienation, the task force recommended increased engagement with the community during the acquisition phase of any new technology. As task force co-chair and former Philadelphia Police Commissioner Charles Ramsey noted: “Just having the conversation can increase trust and legitimacy and help departments make better decisions.” Law enforcement agencies considering adopting a sUAS must consider ways to include and engage their community in the decision-making process. Beyond official restrictions, law enforcement agencies across the country have encountered strong public opposition when purchasing a sUAS. Protests over potential police surveillance of citizens have led some departments to shelve their sUAS before they ever used them. The public outcry has made it clear that if law enforcement is to benefit from

63

Community Policing & Unmanned Aircraft Systems (UAS) Guidelines to Enhance Community Trust sUAS use, they must involve the community in the process, being transparent on the benefits and risks and on the safeguards that will be put in place to protect public privacy and safety. Strong community relationships and communication can ensure that sUAS become community assets used to solve community problems.

64

Documents

COMMUNITY POLICING AND UNMANNED AIRCRAFT SYSTEMS …