Drones Affirmative - MSDI 2015

7/25/2019 Drones Affirmative - MSDI 2015

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About MSDI & Missouri State U..For twenty years, the Missouri State Debate Institute has ofered an excellenteducational experience in the middle o the high school topic. MSDI is distinctrom other camps in six ways. First, our skills ocus assures that a typical !week debater gets nearly "# speeches, including o$er # debates. Second,

we emphasi%e the largest cases on topic, with students getting both af andneg rounds on each. &hird, our senior aculty are comparable with top lableaders in any camp. Fourth, MSDI students can earn highly transerablecollege credit in public speaking or a minimal cost. Fith, we respect $ariancein home debate circuits ' our goal is to impro$e line by line debating in waysthat will help students no matter who (udges in their home circuit. Finally, ourprice is below any comparable camp and ar below most camps. )ur #*+inormation will be a$ailable shortly athttp--debate.missouristate.edu-camp.htm.

Missouri State ni$ersity is a large comprehensi$e uni$ersity /enrollment

o$er 0k1, with nearly any ma(or you might want. &he uni$ersity has excellentacademic scholarship support ' most debaters combine academic2entitlement3 scholarships /guaranteed based on 456-test scores1 withdebate scholarships. &he Spicer Debate Forum competes in two year!longpolicy debate ormats 7D& and 7F6!8D. 9e:$e national semis or ;nals inboth in the last decade. )ur debaters ha$e an a$erage 456 o$er ?@graduation rate, and ?#@ complete law-grad school aterward. )ur programis a high!impact academic experience with an exceptional alumni network.5lease contact Dr. Aric Morris or more inormation/AricMorrisBMissouriState.edu1.

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Drones AFF


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DRONE 1AC


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Drones 1AC InherencyDrones are set to exan! "ast !o#estica$$y !ue to a $ac%

o" !o#estic "e!era$ reu$ation.

Cobert 6. 'e(er$y, February +, )*1+, Cobert e$erly is an 6ssociate

5roessor o 8aw at the 6lbany 8aw School, 2&A S&6&A )F DC)7AS S&6&A6&)CI&E &) CA486&A DC)7AS,3 6lbany 4o$ernment 8aw Ce$iew $ol. ",pp. !e$erly.pd, p.


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6lthoughrelati$ely ew drones are currently Hown o$er .S. soil, theFederal 6$iation6dministration /F661 predictsthat =1, which calls or theF66 to accelerate the integration o unmanned aircratinto the national airspace

system by 2015 . owe$er, someMembers o Jongress and the public ear there areinsuLcient saeguardsin place to ensure that drones are not used to spy on6merican citi%ens and unduly inringe upon their undamental pri$acy . &heseobser$ers caution that the F66 is primarily charged with ensuring air traLc saety,and is not adeuately prepared to handle the issues o pri$acy and ci$illiberties raised by drone use.


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Drones 1AC 0ro$i"eration a!(antaeADANA2E344 0ro$i"eration

Other countries are $oo%in to ac5uire !rone techno$oy

U.S. so "ar re#ains uncha$$ene!.

9illiam 6an an! 5eter Finn, uly 0, )*11, 9illiam 9an and 5eter Finnare both staf researchers, 24lobal race on to match .S. dron e capabilities,3

&he 9ashington 5ost,http--www.agriculturedeensecoalition.org-sites-deault-;les-;le-dronesG=*?-=*?GG#**G4lobalGCaceGonGtoGMatchG.S.GDroneGJapabilitiesGulyG0G#*G9ashingtonG5ost.pd

7o country has ramped up its research in recent years aster than Jhina. It displayed a drone model or the

;rst time at the Nhuhai air show ;$e years ago, but now e$ery ma(or manuacturer or the Jhinesemilitary has a research center de$oted to drones, according to Jhinese analysts. Mucho this work remains secret, but the large number o drones at recent exhibitions underlinesnotonly Jhina:s determination to catch up in that sectorK by building eui$alents to theleading .S. combat and sur$eillance models, the 5redator and the 4lobal awk K but also its desire tosell this technology abroad. 2&he nited States doesn:t export many attack drones, so we:re takingad$antage o that hole in the market,3 said Nhang Oiaoliang, a representati$e o the Jhengdu 6ircratDesign and Cesearch Institute, which manuactures many o the most ad$anced military aircrat or the5eople:s 8iberation 6rmy. 2&he main reason is the ama%ing demand in the market or drones ater >-**.36lthough sur$eillance drones ha$e become widely used around the world, armed drones are more diLcultto acuire. Israel, the second!largest drone manuacturer ater the nited States, has Hown armed models,but ew details are a$ailable. India announced this year that it is de$eloping ones that will ;re missiles and

Hy at


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or 4reat Pritain and possibly Italy. .S. aerospace companies ha$e lobbied to relaxthe

export regulations or drones, primarily those that conduct surveillance

missions.=+ )ne hurdle is that the nited States is a member o the *>"? Missile &echnology JontrolCegime /M&JC1, an inormal and $oluntary multilateral arrangement comprising thirty!our states thatattempts to constrain ballistic missile prolieration. nder the M&JC, drones capable o deli$ering at least a;$e!hundred!kilogram payload a minimum o three hundred kilometers are classi;ed as Jategory I items,

or which 2there will be a strong presumption to deny such transers.3 So ar, the nited Stateshas largely ollowed theJategory I guidelines. 4eneral 6tomics, manuacturer othe 5redator, recently un$eiled the 5redator Q5 sur$eillance drone, whichlacks the hard pointsKor mounting brackets or aerial munitionsKwing strength, and ;recontrol system reuired or weaponi%ation. &here are also ew examples o armed dronesales by other countries. 6ter the nited States, Israel has the most de$eloped and $aried dronecapabilitiesR according to the Stockholm International 5eace Cesearch Institute /SI5CI1, Israel wasresponsible or 0* percent o drones exported between ##* and #**. =? 9hile Israel has used armeddrones in the 5alestinian territories and is not a member o the M&JC, it has predominantly soldsur$eillance drones that lack hard points and electrical engineering. Israel reportedly sold the arop, ashort!range attack drone, to France, 4ermany, &urkey, and India. Furthermore, Israel allows the nitedStates to $eto transers o weapons with .S.!origin technology to select states, including Jhina.=")therstates in$ested in de$eloping and selling sur$eillance drones ha$e reportedly rerained rom selling ully

armed $ersions. For example, the 6A spent ;$e years building the armed nited!0# drone with anassociated 7amrod missile, but there ha$e been no reported deli$eries.=> 6 March #** analysis by themarketing research ;rm 8ucintel pro(ected that a 2ully de$eloped armed droneT product will take anotherdecade.3+#

U.S. !o#estic !rone o$icy has been "ue$in ro$i"eration

$ac% o" aroriate reu$atory "ra#e,or% an!

un!er#inin o" internationa$ $ea$ nor#s )*1+ ensures

rai! exansion.

&om :arry, 6pril )*1/, &om Parry works or the Jenter or International5olicy, 2DC)7AS )AC &A )MA867D )9 5)8I&IJS, M)7AE 67D 86JU )F)ACSI4& 6A S56CUAD DC)7A 5C)8IFAC6&I)7, 67D 96& 9A J67 D),3

International 5olicy Ceport, http--www.ciponline.org-research-html-drones!o$er!the!homeland

Due to a surge in .S. military contracting since ##*, the nited S tates is the world leader in droneproduction and deployment. )ther nations, especially Jhina, are also rapidly gaining a larger market share o theinternational drone market.&he nited States, howe$er, willremain the dominantdri$er in drone manuacturing and deploymentor at least another decade.&he central

.S. role in drone proliferation is the direct result o the 5entagon:s rapidly

increasing expenditures or 6s. 6lso ueling drone prolieration is 6procurement by the D epartment o omeland S ecurity, by other ederalagencies such as 76S6, and by local police, as well as by indi$iduals and

corporations. Drones are also prolierating among state!le$el 6ir 7ational 4uard units. Despite its leadrole in the prolieration o drones, the .S. go$ernment has ailed to take the

lead in establishing appropriate regulatory frameworks and o$ersight

processes. 9ithout this necessary regulatory inrastructure ' atboth thenationaland international le$els ' drone prolieration threatens to undermineconstitutional guarantees, ci$il liberties and international law.


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No, is %ey to shae internationa$ nor#s ; on$y the U.S.

can $ea! in settin !rone o$icy.

ames 6hib$ey, February +, )*1/, ames 9hibley recei$ed a M.6. inInternational Celations rom ictoria ni$ersity o 9ellington, 7ew Nealand,V&he 5rolieration o Drone 9arare &he 9eakening o 7orms and

International 5recedent,V 4eorgetown ournal o International 6fairs,(ournal.georgetown.edu-#*


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prolieration and employment in the coming decades. Such norms would not

hinder .S. reedom o actionR rather, they would internationali%e already-

necessary domestic policy reorm sand, o course, they would be acceptable only insoar

as the limitations placed reciprocally on .S. drones urthered .S. ob(ecti$es. 6nd e$en i hostile

states do not accept normsregulating drone use, the existence o an international normati$e

ramework, and .S. compliance with that ramework, would preser$e 9ashington:sability to apply diplomatic pressure. Models or de$eloping such a ramework would be basedin existing international laws that emphasi%e the principles o necessity, proportionality, and distinctionKtowhich the nited States claims to adhere or its drone strikesKand should be inormed by comparable

eforts in the realms o cyber and space. In short, a world characteri%ed by theprolieration oarmed drones Kused with little transparency or constraint K

would undermine core U.. interests! such as pre$enting armed conHict,

promoting human rights, and strengthening international legal regimes . It wouldbe a world in which targeted killings occur with impunity against anyonedeemed an 2enemy3 by states or nonstate actors, without accountability orlegal (usti;cation, ci$ilian casualties, and proportionality.5erhaps more troubling, itwould be a world where such lethal orce no longer heeds the borders oso$ereign states. Pecause o drones: inherent ad$antages o$er other weapons platorms, states

and nonstate actors would be much more likely to use lethal force

against the nited S tates and its allies.

Esca$ation is $i%e$y too te#tin to use once you ac5uire.

Aric 0osner, May *=, )*1/, Aric 5osner is a proessor at the ni$ersity oJhicago 8aw School, V&he Uiller Cobot 9ar is Joming,V Slate,www.slate.com-articles-newsGandGpolitics-$iewGromGchicago-#*


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in blowback and retaliation . Ironically, thereduced threat to ci$ilians in tacticaloperations could wind up destabili%ing relationships between countries,including e$en ma(or powers like the nited S tates and Jhina, making thelong!term threat to human lie much greater. &hese three scenarios illustrate the same lesson that law and te chnology work in tandem.9hen technological barriers limit the risk o go$ernment abuse, legal restrictions on go$ernmental action can be looser. 9hen those technological barriers

all, legal restrictionsmay

need to be tightened .A stron ru$e o" $a, ser(es as a "ra#e,or% to !e;esca$ate

con


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space he can also sol$e the need or legal machinery to insure uni$ersal andlasting peace.In our country ignorance o the $alue o law in international relations and what it coulddo or the people o the world is appalling. 6 ma(or purpose o 28aw Day!.S.6.3 is thereore todemonstrate to our people that the need or law in the world community is the greatest gap in the growingstructure o ci$ili%ation. 6nd we lawyers o 6merica are anxious to work with lawyers and men o good oall nations in ;lling this gap in that structure. 9e belie$e that no greater challenge exists or any proession

and that no greater ser$ice to mankind can be perormed.

Drone ro$i"eration increases the chance o" terrorists

co#ro#isin the UA?s an! turnin the# aainst the

U.S.

9illiam 6an an! 5eter Finn, uly 0, )*11, 9illiam 9an and 5eter Finnare both staf researchers, 24lobal race on to match .S. drone capabilities,3

&he 9ashington 5ost,http--www.agriculturedeensecoalition.org-sites-deault-;les-;le-dronesG=*?-=*?GG#**G4lobalGCaceGonGtoGMatchG.S.GDroneGJapabilitiesGulyG0G#*G9ashingtonG5ost.pd

Jhina:srapid de$elopment has pushed its neighbors into action .6ter a diplomaticclash with Jhina last all o$er disputed territories in the South Jhina Sea,apan announced that itplanned to send military oLcials to the nited States to study how it operates andmaintains its 4lobal awk high!altitude sur$eillance drones. In South Uorea,lawmakers this year accused Jhina o hacking into military computers to learn about the country:s plans toacuire 4lobal awk, which could peer into not only 7orth Uorea but also parts o Jhina and other

neighboring countries. )n top o the increasing anxieties o indi$idual countries, there also areinternational concerns that some go$ernments might not be able to protectthese new weapons rom hackers and terrorists .Sharkey, the ni$ersity oSheLeld proessor who also co!ounded the International J ommittee orC obot 6 rms J ontrol, noted that Irai insurgents , using a X


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and the Japitol using large model aircrat packed with high explosi$es. 9hile the small payload o themodel aircrat may ha$e limited the lethality o the explosions, Ferdaus planned to recruit others to useassault riHes to target people Heeing the 5entagon ater the drone attack.+ In uly #*, Ferdaus pleadedguilty to attempting to pro$ide material support to terrorists and attempting to damage and destroyederal buildings by means o an explosi$e in a plea agreement under which additional charges weredropped. &he incident has raised speci;c concerns about potential terrorist attacks using unmannedaircrat, although the payload capacities o small 6s would limit the damage these attacks could inHictusing only con$entional explosi$es.

errorist !e(e$o#ent o" bio$oica$ aents is $i%e$y a$$

they nee! are the #eans.

4ary Ac%er#an an!Ue$in S. Moran, March )*11, 4ary 6ckerman isthe .S. Cepresentati$e or 7ew EorkYs =th congressional district, Ue$in S.Moran is in the oreign ser$ice, .S. Department o State, Axecuti$e 6ssistantto the 7ational Security 6d$isor, Jhie o Staf, International Inormation5rograms, .S. Inormation 6gency, special assistant to two presidentialJhies o Staf, special assistant or 9hite ouse Jommunications, Jenter or7onprolieration Studies, Pioterrorism and &hreat 6ssessment, 5CA56CADF)C &A 9A65)7S )F M6SS DAS&CJ&I)7 J)MMISSI)7, 9eapons o MassDestruction &errorism Cesearch 5rogram, http--www.blixassociates.com-wp!content-uploads-#**-#


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:io$oica$ ,eaons cu$#inate in a ossibi$ity o" extinction

o" hu#an $i"e on the $anet ; this is "ar #ore $i%e$y than a

nuc$ear ,ar esca$atin.

Cichard Ochs, 6pril >, )**), Cichard )chs has published articles in thePaltimore Sun, Paltimore Jhronicle, Science maga%ine, past president o the

6berdeen 5ro$ing 4round Superund Jiti%ens Joalition, member o theDepleted ranium &ask orce o the Military &oxics 5ro(ect and a member othe Jhemical 9eapons 9orking 4roup, 2Piological 9eapons must beabolished immediately,3http--www.reeromterror.net-otherGarticles-abolish.html

) all the weapons o mass destruction, the genetically engineered biologicalweapons , many without a known cure or $accine, are an extreme danger tothe continued sur$i$al o lie on earth. 6ny percei$ed military $alue ordeterrence pales in comparison to the great risk these weapons pose (ustsitting in $ials in laboratories.9hile a Vnuclear winter,V resulting rom a massi$e exchange o

nuclear weapons, could also kill of most o lie on earth and se$erely compromise the health outure generations, they are easier to control. Piological weapons, on the otherhand, can get out o control $ery easily, as the recent anthrax attacks ha$e demonstrated.&here is no way to guarantee the security o these doomsday weapons because $ery tiny amounts can bestolen or accidentally released and then grow or be grown to horrendous proportions. &he Plack Death othe Middle 6ges would be small in comparison to the potential damage bioweapons could cause. 6bolitiono chemical weapons is less o a priority because, while they can also kill millions o people outright, theirpersistence in the en$ironment would be less than nuclear or biological agents or more locali%ed. ence,chemical weapons would ha$e a lesser efect on uture generations o innocent people and the natural

en$ironment. 8ike the olocaust, once a locali%ed chemical extermination is o$er, it is o$er. 9ithnuclearand biological weapons, the killing will probably ne$er end.Cadioacti$e elements lasttens o thousands o years and will keep causing cancers $irtually ore$er. 5otentially worse thanthat, bio!engineered agents by the hundreds with no known cure could wreck

e$en greater calamity on the human race than could persistent radiation. 6IDSand Abola $iruses are (ust a small example o recently emerging plagues with no known cure or $accine.

Jan we imagine hundreds o such plaguesW #U$%& '()*&+)*,& IS 7)9

5)SSIP8A.
http://www.freefromterror.net/other_articles/abolish.htmlhttp://www.freefromterror.net/other_articles/abolish.html


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Drones 1AC 0ri(acy a!(antaeADANA2E3440RIAC@

Drone searches are not subect to "ourth a#en!#ent

curtai$#ent.

Cichard M. ho#son II, 6pril In the ;nal case o theseries, Dow Jhemical $. nited States, the Jourt was asked whether a theory o 2industrialcurtilage3 would pre$ent a go$ernment agency rom conducting aerial sur$eillance o$er a ,###!acrecommercial plant.+# &here, ater Dow Jhemical Jo. reused access to the An$ironmental 5rotection 6gency/A561, the A56 hired a commercial aerial photographer to take photos o the acility using a precision aerialmapping camera. a$ing ruled out the argument that the areas surrounding an industrial complex are

entitled to the same protection as similar areas surrounding a home, the Jourt concluded thatphotographing the plant rom na$igable airspace was not a search.+*

Do#estic !rone exansion cou$! ush "or #iniaturiBation ,i$$ create society o" constant sur(ei$$ance.

im Drat,a, May #, )*1, im Dratwa is the Jhie Aditor and head o theA4A Secretariat, 2Athics o Security and Sur$eillance &echnologies,3 Auropean4roup on Athics in Science and 7ew &echnologies to the AuropeanJommission, pp. *?!


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&he rapid ad$ances in drone technologies ha$e also sparked interest rom lawenorcement agencies, as it would allow them to bolster their sur$eillancecapacity.Drones could be introduced or a raction o the cost o manned $ehicles and helicopters,which are limited in areas they can access. Droneseuipped with cameras, communication interceptionand listening de$ices, and by linking images with acial recognition sotware, could

continuously track indi$iduals in a public space. &he )Lce o ustice 5rograms /)51 andthe )Lce o Jommunity )rientated 5olicing Ser$ices /J)5S1 in the S ha$e pro$ided SX*. million tose$en local law enorcement agencies to purchase drones or testing or use0*. Drones were consideredparticularly suited to law enorcement because this type o aircrat had the capability to 2manoeu$reco$ertly in areas where indi$idual expectations o pri$acy are not well de;ned, such as in the immediate$icinity o residences.3 &he 6merican Ji$il 8iberties nion /6J81 has expressed concerns that

increased domestic deployment o drones will e$entually result in routineaerial sur$eillance, which would prooundly change the character o publiclie. &he 6J8 has called or limits and regulations to be put on law enorcement use o drones in order toa$oid a Vsur$eillance society in which our e$ery mo$e is monitored, tracked, recorded and scrutini%ed by

the authoritiesV0. 5ri$acy concerns are exacerbated by de$elopments in droneminiaturisation. Cesearchers ha$e turned to birds and insects as models and ha$e mimicked theircomplex aerodynamics and na$igation techniues to produce micro air $ehicles /M6s1. Due to there

small si%e they can access con;ned spaces and na$igate their interiors moreefecti$ely than ground robots, all without those under obser$ation knowingthey are there. &he Deense 6d$anced Cesearch 5ro(ects 6gency /D6C561 in the S6 has unded thede$elopment o a tiny drone called the Vnano hummingbirdV whose purpose is or stealth sur$eillanceRHying through open windows and doorways. It can Hy up to ** miles per hour and can ho$er or up to eightminutes. 9ith a wingspan o (ust six and a hal inches and weighing *>g /less than a single 66 battery1,the hummingbird includes a $ideo camera and communications links 0


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&he eritage Foundation, 2Drones in .S. 6irspace 5rinciples or4o$ernance,3 &he eritage Foundation,http--www.heritage.org-research-reports-#*-#>-drones!in!us!airspace!principles!or!go$ernance

8imits on domestic drone use may also arise when and i drones prolierate such that widespread and

large!scale obser$ation and data!collection mechanisms are enabled . ere, theSupreme Jourt doctrine is still in de$elopment, but the Jourt has sounded a cautionarynote. &his past term, in nited States $. ones,>T ustice Samuel 6lito wrote a concurrence /speaking or

only our ustices1 in which he posited that e$en though the collection o an indi$idualpiece o data might be lawul without a warrant, the collection o numeroussuch pieces o data to orm a larger mosaic picture would raise constitutionalconcerns. nder this so!called mosaic theory, limits on the collection o routine images throughout acityKlinked to a acial recognition program, or instanceKmight exist. 6s mentioned, this legal doctrine

has yet to be adopted by the Supreme Jourt, but it, too, sounds a cautionary note Jertainly, theroutine and systematic use o drones or widespread sur$eillance andanalysis is likely to be suspecton constitutional grounds. &hese precedents clearly suggest a2sweet spot3 or lawul domestic drone acti$ity.

Jamera!euipped drones used or routinepurposes, such as obser$ing public acti$ity, will likely pass constitutionalmuster . 8egal limits on such use, i any, will come rom policy de$elopment orstatutory enactments.

In!een!ent$y- a !ec$ine in U.S. ri(acy stan!ar!s by

UA?s is catastrohic ri(acy is "un!a#enta$ to hu#an

existence.

Saby 2hoshray, )*1/, Saby 4hoshray ounded the Institute oInterdisciplinary Studies to oster and disseminate ad$anced legalscholarship, 2Domestic Sur$eillance ia Drones 8ooking &hrough the 8ens o

the Fourth 6mendment,3 7orthern Illinois ni$ersity 8aw Ce$iew $ol.


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constitutionally sancti;ed go$ernmental intrusionW &he acial inconsistency o this new paradigm calls or aree$aluation o both the constitutional ramework and ethical dialectic o this drone!induced pri$acyintrusion.*?

An erosion o" the Fourth A#en!#ent rotection o" ri(acy

by UA?s threatens U.S. !e#ocracy.

6bigail Reh"uss, February +, )*1+, 6bigail Cehuss is an 6ssociate atCehuss, 8iguori [ 6ssociates, 5.J., 2&A D)MAS&IJ SA )F DC)7AS 67D

&A F)C& 6MA7DMA7&,3 6lbany 4o$ernment 8aw Ce$iew $ol. ", pp.

potential to ofer many signi;cant ad$antages on a number o diferent le$els, suLcient saeguardsneed to be in place i the integrity o our democratic system o go$ernment isto be preser$ed. &ech nology mo$es ast er than the laws that go$ern it.*


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do not sponsor terrorism against one another.&hey do not build w eapons om ass d estruction to use on or to threaten one another . Democratic countriesorm more reliable, open, and enduring trading partnerships. In the long run theyofer better and more stable climates or in$estment. &hey are more en$ironmentally responsible becausethey must answer to their own citi%ens, who organi%e to protest the destruction o their en$ironments.&hey are better bets to honor international treaties since they $alue legal obligations and because their

openness makes it much more diLcult to breach agreements in secret. 5recisely because, within theirown borders, they respect competition, ci$il liberties , property rights, and therule o law, democracies are the only reliable oundation on which a newworld order o international security and prosperity can be built .


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Drones 1AC 0$anhe Unite! States Fe!era$ 2o(ern#ent shou$!

substantia$$y curtai$ its !o#estic sur(ei$$ance by assin

the Drone Aircra"t 0ri(acy an! ransarency Act o" )*1/.


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Drones 1AC So$(encyDA0A so$(es ; a!!resses Fourth A#en!#ent concerns

,hi$e estab$ishin ne, nor#s to $i#it urose an!

caabi$ity.

. &yler :$ac%, )*1/, . &yler Plack is an associate in the ;rm &hompsonJoburn 885:s transportation regulatory practice, 2)$er Eour ead, nder theCadar 6n Axamination o Jhanging 8egislation, 6ging Jase 8aw, and 5ossibleSolutions to the Domestic 5olice Drone 5u%%le,3 9ashington and 8ee 8awCe$iew $ol. ?#, pp. *"1 in the case that a reuest described in paragraph /"1 is denied, a process by

which such indi$idual may obtain the reasons or the denial and challenge the denialR and /*#1 in the casethat personally identi;able data relating to such indi$idual has been collected, a process by which suchindi$idual may challenge the accuracy o such data and, i the challenge is successul, ha$e such data

erased or amended.&he bill would disallow the direct or indirect gathering o thate$idence without a warrant.*>+&his is perhaps the most important aspect othe bill because it imposes resource costs/namely, time and money1 on law enorcementagencies that will likely ha$e the efect o reducing the number o drones in theair.*>? 6ny bill with a realistic hope o controlling the use o such an inexpensi$e and nimble technologymust impose these kinds o procedural impediments, the added bene;t o which is to inorm the public
http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulrhttp://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulrhttp://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulrhttp://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulr


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about how and when the go$ernment uses this technology. Finally, the bill articulates acomprehensi$e system o enorcement and remedies , including in(uncti$erelie, and, in the case o intentional $iolations, treble damages.*>" 9hile it is unknown how many othese protections will sur$i$e the legislati$e process, in its present state the bill systematicallyaddresses the most undamental Fourth 6mendment concerns raised by

police drone use. &his legislation, or another bill like it, would $alidate the notion that drones arediferent and deser$e special saeguards because o their uniue capabilities.*>> In order to stay ahead othe technology:s problems, substantial saeguards should be in place beore drones: widespread use.

DA0A is nee!e! to ro(i!e oosition to !rone

ro$i"eration.

Max :auer, )*1/, Max Pauer works or the 6J8 o Massachusetts,2Domestic Drone Sur$eillance sage &hreats and )pportunities orCegulation,3 5ri$acyS)S, https--pri$acysos.org-domesticGdrones

9hile the acceleration o local law enorcement to military!style operations may be ine$itable, +T

legislati$eand public opposition to drone proli eration can be successul. 6lready,eforts to restrict drone sur$eillance powers ha$e been successul in multiple state legislatures. 6nd

communities ha$e rebelled against the technology. Aarlier this year in Seattle, public pressure caused theSeattle 5olice Department to cancel its drone program. ?T 6round the same time, Jharlottes$ille, irginiapassed a law banning any use o drones by its municipal agencies, becoming the ;rst city in the country topass anti!drone legislation. "T More recently, the go$ernor o Florida signed a drone!regulation bill,endorsed by both Cepublicans and the 6J8, which reuires a (udge to appro$e most drone sur$eillanceoperations /with an imminent danger exception1. >T 6 bill pending in Massachusetts pro$ides similar

protections.


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case!by!case agency e$aluation o the operator:s reuest to use drones.=


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systems are no exception, as witnessed by $eri;ed cases o \collateral damage:caused by drone strikes /Pergen and &iedemann, #*#1.

A !rastic increase in !rones ,ou$! be catastrohic too

#any techno$oica$ rob$e#s to #a%e it sa"e.

Michael .or!an, March *=, )**, Michael ordan is a 8ieutenant Jolonelin the .S. 6rmy and student at the .S. 6rmy 9ar Jollege in the StrategicStudies Master:s 5rogram, 2MAC4I74 &A &CIPAS S&CA6M8I7I74 D)D:S6JOISI&I)7 )F 7M677AD 6ACI68 SES&AMS,3 S69J Strategy Cesearch5ro(ect, pp. *!*?, p. **

Senior Jommanders ha$e repeatedly identi;ed airspace control and deconHictionissues as a potentially serious problem. In act, there ha$e already been threecollisions betweensmall 6S and helicopters, and theairspace deconHiction issuesha$e still not been resol$ed. "* &heater airspace control measures are the responsibility o theoint Force Jommander, who normally delegates airspace control authority to the oint Force 6irJomponent Jommander /F6JJ1. &he F6JJ is responsible or de$eloping the o$erall airspace control planand produces the airspace control order /6J)1. &he 6J) and the corresponding air tasking order /6&)1ser$e as the single!source documents or integration and deconHiction o ;xed wing a$iation, rotary!winga$iation, and indirect ;res." 6S missions scheduled on the 6&) must comply with procedures in the6J), and normally operate in a speci;cally designated restricted operating %one, which is airspacespecially reser$ed and protected or the duration o 6S operations. Put as 6S continue to prolierate andacuire new missions and capabilities, the deconliction issues on the battle;eld ha$e become increasinglycomplex. &he range, endurance, perormance, and Hexibility o 6S ha$e constantly impro$ed, which hasallowed commanders to seek additional opportunities to exploit the ull capabilities o the systems. &hisplaces demands or reuency and airspace deconliction procedures. &he increased complexity o airspacecontrol measures reuired or deconHiction are likely to become so complex and ponderous that airpowerwill lose its inherent Hexibility, and manned aircrat will ;nd it diLcult to operate eLciently in suchcomplex en$ironment. 6s 6S become the predominant imagery collection systems across $irtually e$eryechelon o command, the need to coordinate, share, and integrate into the larger war;ghting community

has become painully apparent. Due in large part to persistence, range, and impro$edcommunications capability, 6S no longer ser$e a single user or e$en a

single Ser$ice. Cecentcombat operations ha$e highlighted the de;ciencies inse$eral areas, including 2lack o standard communications reuencies andwa$eorms, lack o standardi%ed sensor products, lack o standardi%ed dataor both sensors and platorm inormation, and lack o a common taskingsystemthat crosses the traditional command seams.3"< &he ##= Coadmap alsoidenti;es 2issuesconcerning training, logistics support, airspace integration, andJ)7)5S that couldbene;t rom greater cross!Ser$ice interoperability.3"0 6ir Force oLcials worry that, as more6S rom e$ery ser$ice (oin the battle, it will become increasingly diLcult to manage and coordinate aircombat operations, because each 6S comes with its own uniue sotware and mission!control stations."=Finally, as 6S capabilities increase, the ser$ices will seek to expand the roles and missions 6S areexpected to perorm. 6S ha$e traditionally been used or ISC, but the weaponi%ation o the 5redator andthe de$elopment o the oint nmanned Jombat 6erial ehicle clearly demonstrate that the role o the 6Sis expanding. In act, in ##0 the oint Staf had each Jombatant Jommander rank the importance o *"diferent types o missions or uture 6S, to include electronic warare, combat search and rescue, andstrike."+ 9hile there is no doubt that the ser$ices will expect more rom uture 6S, the challenge will beensuring the ser$ices do not acuire redundant capabilities or attempt to perorm missions that are notincluded in their core competencies. For example, brigade commanders with a robust 6S capabilityshould not seek to use the stroke capability inherent in the systems to perorm missions that ha$etraditionally belonged to manned aircrat.


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GGGIN'ERENC@GGG


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FAA ushin to exan!he FAA is exe!itin the rocess to strea#$ine !rone use

"or !o#estic sur(ei$$ance.

5hilip . 'i$tner, )*1/, 5hil iltner is currently a lawyer in the 9ashtenaw

Jounty )Lce o 5ublic Deender:s )Lce and also works or the 8aw )Lces oonathan Dills, 7orth Jarolina &hirteenth 5rosecutorial District, 2&A DC)7AS6CA J)MI74 SA )F 7M677AD 6ACI68 AIJ8AS F)C 5)8IJASCAI8867JA 67D I&S F)C& 6MA7DMA7& IM58IJ6&I)7S,3 9ake Forest

ournal o 8aw and 5olicy $ol. as the

$alue o the potential 6S market has been estimated in the hundreds o millions o dollars.*#&hecombination o the orthcoming streamlined procedures or 6S licensure andthe opportunity or big pro;ts almost guarantee that the use o 6Ss bydomestic police orcesis here to stay. Increased police use o 6Ss is not, in itsel, a bad thing.&hese machines ofer the opportunity or police oLcers to more saely conduct sur$eillance** andapprehend criminals.* Drones can also be used or noncriminal unctions, such as searching or missingpersons and responding to automobile accidents or chemical spills.*< &hey are also less expensi$e topurchase and operate than traditional helicopters. &he Montgomery Jounty 5olice Department outside oouston, &exas estimates that its 6S costs X


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$oluntary standards or hobbyists: use o remote!controlled model aircrat. &his terse, one!page documentrecommended a maximum altitude o our hundred eet and encouraged amateur pilots to Hy their aircratat a reasonably sae distance rom populated areas.== 6t the time, no other policies or laws touched ondomestic 6S Hight, in no small part because, apart rom enthusiasts: remote!controlled planes ' andexperimental pro(ects conducted by the military ' unmanned aircrat did not make consistent use o theskies. 7e$ertheless, by issuing some standards, the F66 raised the uestion o whether, and how,unmanned machines e$entually might do (ust that. &he answer has a lot to do with technology. &he nexttwenty years would witness a spike in 6S research, design, and manuacturing, e$en as 6S remainedmostly a military concern. =+ Put the more the military har$ested the technology, the more e$ident itsci$ilian applications became. &hat, in turn, created pressure to relax some o the restrictions on domestic6S Hight. &he progression e$idently was on Jongress:s mind in ##


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Aencies ,ant !ronesarious o$ice !eart#ents are $oo%in to uti$iBe UA?s "or

routine $a, en"orce#ent acti(ities.

&yler 6a$$ an!&orin Monahan, 6ugust )*11, &yler 9all is an 6ssistant

5roessor in the School o ustice Studies as Aastern Uentucky ni$ersity and&orin Monahan is an 6ssociate 5roessor o Jommunication Studies at &heni$ersity o 7orth Jarolina at Jhapel ill, 2Sur$eillance and iolence rom6ar &he 5olitics o Drones and 8iminal Security!scapes,3 &heoreticalJriminology $ol. *=, issue


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6eronautics and Space 6dministration /76S61, Caytheon Jompany, and Plackwater 6irships 88J.


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No ui!e$inesF:I is usin !rones "or sur(ei$$ance uroses no, no

ui!e$ines in $ace.

Ue$inohnson, une #, )*1/, 2Mueller tells lawmakers FPI has used

drones in .S.,3 S6 &oday, Absco ost

FPI DirectorCobert Mueller acknowledged9ednesday that the agency has deployeddrones to conduct sur$eillance in the .S., and that the bureau is de$elopingguidelines ortheir uture law enorcement use. Mueller told the Senate udiciaryJommittee that the unmanned aerial $ehicles, whose use by law enorcement has raised uestions rompri$acy ad$ocates and ci$il liberties groups, are deployed in Va $ery minimal way and $ery seldom.VCesponding to uestions posed by lawmakers, including Sen. Dianne Feinstein, D!Jali., Mueller said hewould pro$ide more details about how inormation and images collected during sur$eillance operations areused and stored. e said drone use was Vnarrowly ocused on particular cases and particular needs.V IowaSen. Jhuck 4rassley, the panelYs ranking Cepublican, said that 6ttorney 4eneral Aric older in pre$ioustestimony had said the Drug Anorcement 6dministration and Pureau o 6lcohol, &obacco, Firearms andAxplosi$es had Vpurchased drones and were exploring their use.V V6bsent rom /olderYs1 response was an

indication o how the FPI was usingV drone technology, he said. Jhris Jalabrese, 6 merican J i$il

8 iberties nion Ys legislati$e counsel on pri$acy issues, said it was Va littletroubling V that the bureau had begun using the tech nology as guidelines werestill being de$eloped VI you are going to use potentially in$asi$e sur$eillance, it seems like youshould ha$e the standards in ad$ance.V Sen. Mark dall, D!tah, also expressed concern that the FPI wasonly in the initial stages o Vde$eloping pri$acy guidelines that protect ci$il liberties.V Drones Vha$e thepotential to more eLciently and efecti$ely perorm law enorcement duties,V he said, Vbut the 6mericanpeople expect the FPI and other go$ernment agencies to ;rst and oremost protect their constitutionalrights.V In a separate written statement ollowing the directorYs testimony, the FPI said drone use is limitedto learning Vcritical inormation that otherwise would be diLcult to obtain without introducing serious riskto law enorcement personnel.V

here is a $are a#ount o"


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prohibiti$e a$iation rules.&here are two exemption regimes. 9hich one appliesdepends upon the intended use o a particular 6S. For a 2public3 use' say, asur$ey o a controlled ;re:s progress through a national park ' the applicant must obtain aJerti;cate o 9ai$er or 6uthori%ation /2J)6 31rom the F66 beore it may operate the6S. Jon$ersely, i the 6S operation is pri$ate in nature' or 2ci$il,3 to use the

a$iation (argon ' then another body o regulations is triggered . 5ri$ate concerns wishingto Hy a 6S must apply or a 2Special 6irworthiness Jerti;cate3 in the 2experimental3 category /2S6J31.&he J)6 and S6J procedures difer. In theory, or example, a J)6 may issue or any public purpose. Pycontrast, an S6J authori%es pri$ate drone Hights only or research and de$elopment, market sur$ey andcrew training ob(ecti$es. /6gain, Ji$il 6S cannot Hy on a or!hire basis.1 6nd because go$ernments dri$emost o today:s drones, the J)6 process naturally has done the bulk o the exemption work. Aarly thisyear, the F66 claimed that, since ##+, it had appro$ed between ?## and ?=# J)6s+=, as opposed to only>0 S6Js ' though the F66 last tallied S6J numbers in uly o #**.++ Still, regardless o whether theapplicant seeks a J)6 or an S6J, the point o the exercise is the same. Aither way, the F66 examines theproposed 6S pro(ect, and asks i, despite the ailure to meet this or that saety standard, the applicantne$ertheless can mitigate the risks o non!compliance. I the answer is 2yes,3 then a J)6 or S6J will issue' and the 6S can Hy, sub(ect to the conditions imposed by the F66 in granting the exemption. &he agencymight, or example, insist on Hight within the operator:s $isual line o sight, or with a manned aircrattailing along. Such has been the F66:s method since at least ##


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GGGNUS:O7SGGG


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Drones cause acci!entshe "re5uency o" UA acci!ents ensures ha#ere!

nationa$ airsace interation.

Jhad J. 'a!!a$ an!eremiah 2ert$er, uly ", )*1*, Jhad addal is a

coordinator specialist in immigration policy and eremiah 4ertler is aspecialist in military a$iation or the Jongressional Cesearch Ser$ice,2omeland Security nmanned 6erial ehicles and Porder Sur$eillance,3Jongressional Cesearch Ser$ice, pp. *!?,http--www.dtic.mil-dtic-tr-ulltext-u-a=0>?.pd, p. +!?

&he technical capabilities o the 6s ha$e been tested in a military context,but saety and technical issues need to be addressed i the program is to beexpanded domestically. Jhie among these issues is the F66:s concerns aboutthe 76S and whether 6s can be saely incorporated into the nation:scrowded skies . It has been noted that 6s sufer accident rates multipletimes higher than manned aircrat. owe$er, in an efort to support the wars in 6ghanistanand Ira, D)D ;elded 6s such as 5redator and 4lobal awk beore their de$elopment programs werecomplete. &hus, the 6 accident rate might be lower i these systems had been allowed to mature underthe ull de$elopment program.

UA?s cou$! otentia$$y cause as #uch !a#ae as a $are

cororate et ,hen it crashes acci!ents haen

"re5uent$y.

Part E$ias, September *#, )*1), Part Alias is a specialist in a$iation policyand a researcher or the Jongressional Cesearch Ser$ice, 25ilotless DronesPackground and Jonsiderations or Jongress Cegarding nmanned 6ircrat)perations in the 7ational 6irspace System,3 Jongressional Cesearch

Ser$ice, pp. *!*, http--biotech.law.lsu.edu-crs-C0?*".pd, p. *#6s may be expected to crashmore reuently, the potential or catastrophicconseuences is less gi$en that these $ehicles do not weigh enough or carry enough uel to cause ma(or

damage on the ground. )n the other hand, larger 6s , like the MO!> Ceaper or the CO!04lobal awk, can potentially causeas much damage as a mid! to large!si%edcorporate (et. owe$er, saety considerations in the design and operation o these more complexsystems may reduce the likelihood o a crash. 6dditional procedures that can be incorporated into saetyregulations or unmanned aircrat systems may urther mitigate Hight risks. &hese procedures may include_ ormal risk assessments or systems certi;cation and mission planningR _ de$elopment o ground impactmodels and mitigation plans to reduce risks to persons and property on the groundR< and _ structuredtraining and certi;cation reuirements or unmanned aircrat pilots, systems operators, and other saetycritical personnel.

'u#an interaction is re5uire! "or UA?s causin crashes ne, "or#s o" trainin nee!s to haen.

Part E$ias, September *#, )*1), Part Alias is a specialist in a$iation policyand a researcher or the Jongressional Cesearch Ser$ice, 25ilotless DronesPackground and Jonsiderations or Jongress Cegarding nmanned 6ircrat)perations in the 7ational 6irspace System,3 Jongressional CesearchSer$ice, pp. *!*, http--biotech.law.lsu.edu-crs-C0?*".pd, p. *#
http://www.dtic.mil/dtic/tr/fulltext/u2/a524297.pdfhttp://biotech.law.lsu.edu/crs/R42718.pdfhttp://biotech.law.lsu.edu/crs/R42718.pdfhttp://www.dtic.mil/dtic/tr/fulltext/u2/a524297.pdfhttp://biotech.law.lsu.edu/crs/R42718.pdfhttp://biotech.law.lsu.edu/crs/R42718.pdf


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&he issue o training and certi;cation reuirements or unmanned aircratsystems personnel raises a much broader issue regarding the role o humansin these systems. Indeed, the term unmanned aircrat system /6S1 is amisnomer while the aircrat themsel$es may be unmanned, the systemsneeded to operate them saely depend extensi$ely on human interaction .6lthough drones operate without a pilot on board, human perormance is a ma(or consideration in setting

policy or the integration o unmanned aircrat systems in domestic airspace. Uey human actors tobe considered include operator interaces and controls and the training anduali;cations o drone pilots, systems operators, and other saety critical personnel. &he pre$iouslymentioned ##+ crash o a 6 operated by Justoms and Porder 5rotection/JP51 illustrates the importance o these human actors considerations. )n 6pril=, ##+, a 5redator P /MO!>1 drone crashed in a remote area along the .S.!Mexico border near 7ogales,6N ollowing a loss o engine power. &he 7ational &ransportation Saety Poard /7&SP1 determined that theprobable cause o the mishap was the drone pilot:s ailure to ollow appropriate procedures when switchingto an alternate control console in the ground control station ollowing a computer malunction.0 &he errorresulted in the pilot inad$ertently cutting of the $ehicle:s uel supply. JP5 had only been operating the5redator P aircrat since September ##=, eight months prior to the mishap. 7&SP concluded that duringthis time JP5 was pro$iding a minimal amount o operational o$ersight o its 6S program and cited itsinadeuate sur$eillance o the program as a contributing actor in the crash.

UA?s su8er "ro# hih acci!ent rates !ue to an inabi$ity in

a!atin to !i8erences in ,eather an! c$i#ate.

6bigail Reh"uss, February +, )*1+, 6bigail Cehuss is an 6ssociate atCehuss, 8iguori [ 6ssociates, 5.J., 2&A D)MAS&IJ SA )F DC)7AS 67D

&A F)C& 6MA7DMA7&,3 6lbany 4o$ernment 8aw Ce$iew $ol. ", pp.

because he or she is much urther remo$ed rom the problematic e$ent.?= Cegardless, as onecommentator points out, 2\tThere tend to be more mishaps and mistakes with any new technology,manned or unmanned: . . . . 9hen the kinks get worked out and expertise builds, \crash rates tend to godown.:3?+
http://www.albanygovernmentlawreview.org/Articles/Vol08_1/8.1.313-Rehfuss.pdfhttp://www.albanygovernmentlawreview.org/Articles/Vol08_1/8.1.313-Rehfuss.pdfhttp://www.albanygovernmentlawreview.org/Articles/Vol08_1/8.1.313-Rehfuss.pdfhttp://www.albanygovernmentlawreview.org/Articles/Vol08_1/8.1.313-Rehfuss.pdf


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Drones are anti;i##irationUA?s are uti$iBe! "or !o#estic sur(ei$$ance uroses

i##iration.

&yler 6a$$ an!&orin Monahan, 6ugust )*11, &yler 9all is an 6ssistant

5roessor in the School o ustice Studies as Aastern Uentucky ni$ersity and&orin Monahan is an 6ssociate 5roessor o Jommunication Studies at &heni$ersity o 7orth Jarolina at Jhapel ill, 2Sur$eillance and iolence rom6ar &he 5olitics o Drones and 8iminal Security!scapes,3 &heoreticalJriminology $ol. *=, issue


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/McJullagh, ##+1. Jlearly, drones ha$e been enlisted in eforts to restrict illegalimmigration and combat the war on drugs.&he notion o \drug drones: hasbecome ashionable in international drug enorcement, especially or use inmaritime operations/5adgett, ##>1. For instance, under the name \Monitoreo:, which is Spanishor monitoring, the S Southern Jommand recently conducted a drone \testing pro(ect: that mobili%ed anIsraeli!made X+.= million eron drone rom Al Sal$ador:s Jomalapa 6ir Pase to track down suspected drug

cartel members who were allegedly using the open waters to smuggle drugs into the S6 /5adgett, ##>Rsee also Shachtman, ##>1. Py remaining thousands o eet in the air or up to #!hours while beingeuipped with a \set o sensors better suited or spotting the subs mini!submarinesT that ha$e become sopopular among narco!cartels: /Shachtman, ##>1, this particular eron drone promises to be a longerendurance technology than con$entional planes commonly used in drug sur$eillance.

Mu$ti$e rob$e#s ,ith UA?s ro(e it ,on?t be e8ecti(e

at atro$$in the bor!er.

ason :$aBa%is, anuary , )**, ason Pla%akis is an analyst in the Social8egislation Domestic Social 5olicy Di$ision, 2Porder Security and nmanned6erial ehicles,3 Jongressional Cesearch Ser$ice Ceport or Jongress, pp. *!+,p. 0!=

Despite potential bene;ts ousing 6s or homeland security, $ariousproblems encounteredin the past may hinder 6 implementationon the border.

&here are concerns regarding 6s high accident rate. Jurrently, the 6accident rate is *## times higher than that o manned aircrat.*? Pecause 6technology is still e$ol$ing there is less redundancy built into the operating system o6s thano manned aircrat and until redundant systems are perected mishap rates areexpected to remain high. 6dditionally, i control systems ail in a manned aircrat, a well!trained pilot isbetter positioned to ;nd the source o the problem because o his-her physical proximity. I a 6

encountered a similar system ailure, or i a 6 landing was attempted during diLcultweather conditions, the ground control pilot would be at a disad$antagebecause he or she is remo$ed rom the e$ent. nlike a manned pilot, the remote pilot

would not be able to assess important sensory inormation such as wind speed.*"&he key component o )peration Saeguard was to identiy potential threats crossing the southern borderillegally. &he sur$eillance capabilities o 6s euipped with only an A!) cameraand Forward 8ooking Inrared Cadar /F8IC1 sensor ha$e been limitedin the pastby poor weather conditions. Jloudy conditions and high humidity climates can distort the imageryproduced by A!) and F8IC euipment. 6lthough the 5redator P is operating in the low!humidityen$ironment o the Southwest, the efects o extreme climatic or atmospheric conditions on its sensorsreportedly can be mitigated i DS decides to out;t the 5redator P with a synthetic aperture radar /S6C1system.*> Cadars can produce high!resolution imagery in inclement weather. &he ability o S6C to unction

during ad$erse weather conditions sets it apart rom optical or inrared systems.# owe$er, its abilityto track mo$ing targets is limited. &his limitation can be mitigated by accompanying S6C withmo$ing target indicator /M&I1 radar technology. 6dding S6C and M&I to the 5redator P:s platorm couldsigni;cantly enhance its operational capability or border missions. Py adding S6C and M&I to the 6platorm, howe$er, the costs o using 6s on the border would increase.

UA?s are not as cost;e8ecti(e as a$ternati(e techno$oies

ro(i!e! at a $o,er cost ine8ecti(e at curtai$in i$$ea$

i##iration.

Jhad J. 'a!!a$ an!eremiah 2ert$er, uly ", )*1*, Jhad addal is acoordinator specialist in immigration policy and eremiah 4ertler is aspecialist in military a$iation or the Jongressional Cesearch Ser$ice,


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2omeland Security nmanned 6erial ehicles and Porder Sur$eillance,3Jongressional Cesearch Ser$ice, pp. *!?,http--www.dtic.mil-dtic-tr-ulltext-u-a=0>?.pd, p. +

Ouestions as to the efecti$eness o 6s persist .6lthough 2omeland Security oLcialspraised the /6s1 as a sae and important tool that ` has contributed to the sei%ing o more than ,###

pounds o mari(uana and the apprehension o =,### illegal immigrants,3 others disagree.0 2nmannedaircrat ser$e a $ery useul role in military combat situations, but are not economical or eLcient in ci$ilian

law enorcement applications,3 said &. . Ponner, president o the Porder 5atrol union. 2&here are anumber o other technologies that are capable o pro$iding a greater le$el ouseulness at a ar lower cost.3= &he DS Inspector 4eneral noted that 6s were lessefecti$e, in their limited tests, than manned aircrat in supporting theapprehension o unauthori%ed aliens.+ In addition, the 6s were used to assist in theapprehensions o aliens who had already been detected by other means. owe$er, the ability o 6s tomaintain position or o$er # hours represents a signi;cant ad$antage o$er manned aircratR in the uture,they may be used to actually detect unauthori%ed entries as opposed to merely supporting apprehensionso aliens already detected. 6n issue or Jongress could entail whether 6s are an efecti$e tool orsecuring the border.
http://www.dtic.mil/dtic/tr/fulltext/u2/a524297.pdfhttp://www.dtic.mil/dtic/tr/fulltext/u2/a524297.pdf


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Drone use exan!inDrones are current$y hea(i$y restricte! !ue to FAA

reu$ations.

M. Cyan Ca$o, December *, )*11, M. Cyan Jalo is the Director or 5ri$acy

and Cobotics at the Jenter or Internet [ Society, 2&he Drone as 5ri$acyJatalyst,3 Stanord 8aw Ce$iew )nline $ol. +0, issue >,http--www.stanordlawre$iew.org-online-drone!pri$acy!catalystWutmGsource]publish[utmGmedium]reerral[utmGcampaign]www.kpbs.org

Eou might think droneswould already be ubiuitous. &here are, howe$er, F ederal6 $iation 6 dministration restrictions on the use o unmanned aircrat systems,restrictions that date back se$eral years. Some public agencies ha$e petitioned orwai$er. Justoms and Porder 5rotection uses drones to police our borders.Cecently the state o )klahoma asked the F66 or a blanket wai$er o eighty miles o airspace. 4oingorward, wai$er may not be necessary.&he F66 aces increasing pressure torelax its restrictions and is considering rulemakingto reexamine drone use in domesticairspace.0T

here is a $ac% o" nationa$ airsace restrictions ertainin

to UA?s ust no, exan!in into ho#e$an! security

ro$es.

Part E$ias, September *#, )*1), Part Alias is a specialist in a$iation policyand a researcher or the Jongressional Cesearch Ser$ice, 25ilotless DronesPackground and Jonsiderations or Jongress Cegarding nmanned 6ircrat)perations in the 7ational 6irspace System,3 Jongressional CesearchSer$ice, pp. *!*, http--biotech.law.lsu.edu-crs-C0?*".pd, p.

ntil recently, ci$ilian interest in operating unmanned aircrat in .S. airspacehad largely been limitedto long!standing hobbyist use o radio!controlled model aircrat. &he6cademy o Model 6eronautics, a national organi%ation representing model a$iation enthusiasts, wasounded in *>


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unmanned aircrat. Axamples include aerial sur$eillance missions or homelandsecurity, border protection, and law enorcementR highway traLc monitoringR orest ;rescoutingR disaster responseR aerial applications o pesticidesR pipeline and transmission line inspectionRaerial sur$eying and geospatial imagingR atmospheric and en$ironmental scienceR wildlie and naturalresources managementR scienti;c data collectionR and hurricane and se$ere storm monitoring. Someindustry experts oresee e$entual use o unmanned aircrat or cargo transport. 6t this point, howe$er,passenger!carrying 6s are not on the hori%on. Industry analysts anticipate a robust market or

unmanned aircrat systems, although the extent to which ci$ilian sales will contribute to this market ishighly dependent on how the regulation o ci$ilian drones proceeds. &he &eal 4roup, an a$iation andaerospace consulting ;rm, predicted that, o$er the next ten years, annual spending on unmanned aircratsystems and sensor payloads will increase by ?


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Drones are resource intensi(eDrones re5uire an i##ense a#ount o" ersonne$ to

ro(i!e suort an! %ee the# in the air.

Scott Shane an!&hom Shan%er, )ctober *, )*11, 2Strike CeHects .S.

Shit to Drones in &error Fight,3 &he 7ew Eork &imes,http--www.agriculturedeensecoalition.org-sites-deault-;les-;le-dronesG=*?-=*?GG#**GEemenG.S.GDroneGStrikesGEemenGCeHectsG.S.GShitGtoGDroneGseG)J&G*G#**G7E&imesGOuestionsG&argetingG6mericans.pd

&he apparent simplicity o a dronealot, with its pilot operating rom the nited States, can bemisleading. Pehind each aircrat is a team o *=# or more personnel,repairing and maintaining the plane and the heap o ground technology thatkeeps it in the air, poring o$er the hours o $ideos and radio signals itcollects, and gathering the $oluminous intelligence necessary to prompt asingle strike.
http://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517V_2_2011_Yemen_U.S._Drone_Strikes_Yemen_Reflects_U.S._Shift_to_Drone_Use_OCT_1_2011_NYTimes_Questions_Targeting_Americans.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517V_2_2011_Yemen_U.S._Drone_Strikes_Yemen_Reflects_U.S._Shift_to_Drone_Use_OCT_1_2011_NYTimes_Questions_Targeting_Americans.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517V_2_2011_Yemen_U.S._Drone_Strikes_Yemen_Reflects_U.S._Shift_to_Drone_Use_OCT_1_2011_NYTimes_Questions_Targeting_Americans.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517V_2_2011_Yemen_U.S._Drone_Strikes_Yemen_Reflects_U.S._Shift_to_Drone_Use_OCT_1_2011_NYTimes_Questions_Targeting_Americans.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517V_2_2011_Yemen_U.S._Drone_Strikes_Yemen_Reflects_U.S._Shift_to_Drone_Use_OCT_1_2011_NYTimes_Questions_Targeting_Americans.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517V_2_2011_Yemen_U.S._Drone_Strikes_Yemen_Reflects_U.S._Shift_to_Drone_Use_OCT_1_2011_NYTimes_Questions_Targeting_Americans.pdf


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No airsace0ub$ic aencies uti$iBin un#anne! aircra"t ha(e the

!isa!(antae o" not !esinatin airsace "or their

oeration.

Part E$ias, September *#, )*1), Part Alias is a specialist in a$iation policyand a researcher or the Jongressional Cesearch Ser$ice, 25ilotless DronesPackground and Jonsiderations or Jongress Cegarding nmanned 6ircrat)perations in the 7ational 6irspace System,3 Jongressional CesearchSer$ice, pp. *!*, http--biotech.law.lsu.edu-crs-C0?*".pd, p. *=

)ne signi;cant diference between military unmanned aircrat and unmannedaircrat operated by other public agenciesor by ci$ilian users is that the military ,or many years, has negotiated with F66 to set aside airspace designated ormilitary training, testing, and other purposes. Military airspace consists o militaryoperations areas, military training routes, test ranges, and other restricted or prohibited airspace.

Military operations areas and training routes are typically located in remote

areas. 9hile not set aside exclusi$ely or military use, these areas and routesare charted anddocumented, allowing other airspace users, especially smaller general a$iation aircrat, to bealert or military Hight operations, including operations in$ol$ing unmanned aircrat.&he military has also worked with F66 to set aside speci;c restricted and prohibited airspace /e.g., abo$etest sites and bombing ranges1 to accommodate operations that pose greater risks to other air traLc. &hisairspace is charted and documented to allow pilots to a$oid these areas when restrictions designatingthem as of limits to non!military users are in efect. 6irspace restrictions can ser$e as an efecti$e tool ormitigating risks to ci$ilian air traLc. owe$er, their use concerns some airspace users because they poseincon$eniences and sometimes raise additional saety issues. 9ith additional restrictions, ci$ilian pilotsmay be orced to Hy more circuitous routes, lea$ing pilots with ewer options to a$oid bad weather or planor uel stops. &he 6ircrat )wners and 5ilots 6ssociation /6)561, which represents more than 0##,###general a$iation pilots and a$iation enthusiasts across the nited States, has been particularly critical othe use o restricted airspace designations to separate unmanned aircrat operations rom other air traLc.6)56 has asserted that unmanned aircrat operations should not ha$e a negati$e impact on general

a$iation operations and should not reuire special airspace designations, such as restricted airspace, ortheir operation.


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Jy$$o !ecisionJy$$o he$e! estab$ish a Hr# briht $ine "or ,hen to use or

not use !rone techno$oy in the Unite! States.

5hilip . 'i$tner, )*1/, 5hil iltner is currently a lawyer in the 9ashtenaw

Jounty )Lce o 5ublic Deender:s )Lce and also works or the 8aw )Lces oonathan Dills, 7orth Jarolina &hirteenth 5rosecutorial District, 2&A DC)7AS6CA J)MI74 SA )F 7M677AD 6ACI68 AIJ8AS F)C 5)8IJASCAI8867JA 67D I&S F)C& 6MA7DMA7& IM58IJ6&I)7S,3 9ake Forest

ournal o 8aw and 5olicy $ol. > InUyllo, Department o the Interior agents suspected that the deendant wasgrowing mari(uana in his home, which reuires the use o high!poweredhalide lamps.*## In order to detect the amount o heat emanating rom thehome, two agents used a thermal imagerto scan the home rom across the street.*#* &hethermal imager used by the agents detects inrared radiation coming of o ob(ects, and con$erts theradiation into an image on a small screen in black!and!white.*# Jooler ob(ects appear as darker shadeso gray, while hotter images are whiter.*#< &he agents could see that the deendant:s house was emittingan unusual amount o heat compared to his neighbors and were able to acuire a search warrant based on

this inormation.*#0&he Supreme Jourt held that this was an unlawul intrusioninto the home.*#= &he Jourt opened its reasoning saying, 2It would be oolish to contend that thedegree o pri$acy secured to citi%ens by the Fourth 6mendment has been entirely unafected by thead$ance o technology.3*#+ ustice Scalia reasoned that the inormation the oLcers obtained through thethermal imager was inormation that could not otherwise be obtained without intrusion into a

constitutionally protected area.*#? It appears that the Jourt wanted to create a ;rm,bright!line rule at the threshold o the home. owe$er, this holding came withan important limitation. &he Jourt saidthat such obser$ationswith technologicallysophisticated de$ices would be considered searches 2at least where. . . thetechnologyin uestion is not in general public use.3*#"&hereore, the Jourt letopen the possibility that, i a tech nology became easily accessible by thegeneral population, intrusions into the home through use o that technologymight not be constitutionally protected. 6nother concern that arises with drone technologyis the ability or the police to easily ollow indi$iduals undetected or extended periods o time. In thesecases, the police are not using technology to do what would be impossible to the naked eyeKlike detectthe amount o heat radiating rom a homeKbut they are using it to do what otherwise might be impracticalKnamely, constantly track an ob(ect:s whereabouts o$er a se$eral!day period. &he Supreme Jourt:s

decisions in nited States $. Unotts*#> and nited States $. Uaro**# are particularly helpul in thisarea.*** In Unotts, Minnesota police tracked the mo$ements o a suspected drug manuacturer or threedays by placing a radio transmitter /or beeper1 in a drum o chloroorm that was purchased by thedeendant. ** &he police were able to use the inormation they gained rom tracking the deendant tosecure a search warrant, which lead to the disco$ery o a methamphetamine laboratory.**< &he Jourt heldthat the inormation gained rom tracking the deendant on public roads was not protected.**0
http://lawpolicyjournal.law.wfu.edu/files/2013/06/Vol.3-2-Comment-Hiltner.pdfhttp://lawpolicyjournal.law.wfu.edu/files/2013/06/Vol.3-2-Comment-Hiltner.pdf


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Jy$$o he$s $ea(e oen the ossibi$ity to restrict !rone

usae "or ri(acy reasons in the "uture.

. &yler :$ac%, )*1/, . &yler Plack is an associate in the ;rm &hompsonJoburn 885:s transportation regulatory practice, 2)$er Eour ead, nder theCadar 6n Axamination o Jhanging 8egislation, 6ging Jase 8aw, and 5ossible

Solutions to the Domestic 5olice Drone 5u%%le,3 9ashington and 8ee 8awCe$iew $ol. ?#, pp. *"


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Na(y ; F@INa(y has their o,n ", issue ?+, Absco ost, p. * It is important to distinguish public!

use missions rom purely ci$ilian acti$ities in$ol$ing 6s, although certaincommercial operations, such as utility line inspection, may ser$e a public bene;t. &he distinction mattersbecause aircrat owned or leased by ederal and state agencies, counties, andmunicipalities, are regulated diferently rom ci$il aircrat operated by pri$ateindi$iduals and corporations.*# 6lthough the regulatory distinctions are complex, in general, F66 o$ersightand authority o$er public!use aircrat are more limited. For this reason, some public sector entities,

particularly homeland security and law enorcement agencies and publicuni$ersities, are already making limited use o 6s while the commercialmarket awaits F66 regulatory action.

Current techno$oica$ $i#itations ha#er ,i!esrea!

e8ecti(e UA a!otion.

Part E$ias, September *#, )*1), Part Alias is a specialist in a$iation policyand a researcher or the Jongressional Cesearch Ser$ice, 25ilotless DronesPackground and Jonsiderations or Jongress Cegarding nmanned 6ircrat)perations in the 7ational 6irspace System,3 Jongressional CesearchSer$ice, pp. *!*, http--biotech.law.lsu.edu-crs-C0?*".pd, p. "

Domestic airspace accommodates more than ?#,### Hights per day*" at a$ariety o altitudes, including low! and high!altitudemilitary training Hights, high!altitude aircarrier and business (et Hights, medium!altitude commuter and general a$iation Hights, and low!altitude

recreational and sightseeing Hights and helicopter operations.&he risk o collision betweenthese users and unmanned aircrat must be adeuately mitigated beoreunmanned aircrat can routinely utili%e the national airspace system. &he

4o$ernment 6ccountability )Lce /46)1 concluded that no suitabletechnology is currently a$ailable to pro$ideunmanned aircrat, particularly small 6s,with the detect, sense, and a$oid reuirements needed to saely operate within the national airspace

system. 46) noted that small!unmanned aircrat pose a particular challenge because they operate at low altitudes. Manyother aircrat operating at these altitudes do not useelectronic transponders to broadcast their positionand altitude, andin any casemanysmall 6s lack the ability to recei$e transponder signals. &he needed euipmentis simply too large and hea$y to install on many small 6s.*> Jurrently, these limitationssubstantially restrict 6 operations to line!o!sight scenarios , where operators onthe ground or spotters in chase planes can pro$ide the necessary capabilities to detect and a$oid other airtraLc. F66 is currently e$aluating options or routinely allowing small!unmanned aircrat to use line!o!sight as an acceptable means to detect and a$oid manned aircrat under a regulatory regime or small

6s. For more sophisticated medium and large!si%ed 6s seeking appro$al or operations beyond line osight, technology ad$ancements are needed to assure saety in an en$ironment shared with mannedHights. Cemote sensing capabilities, including onboard cameras, airborne radars, and euipment tointerrogate aircrat transponder signals /similar to the traLc collision a$oidance systems on (etliners1 cancombine to pro$ide operators with robust air traLc inormation.
http://biotech.law.lsu.edu/crs/R42718.pdfhttp://biotech.law.lsu.edu/crs/R42718.pdf


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A) 7a, en"orce#ent use7a, en"orce#ent conH!ence in UA sur(ei$$ance use has

!ec$ine!.

9illiam :$oss, )**K, 9illiam Ploss is Jhair o the Department o Jriminal

ustice, Jollege o uman Acology, at Aast Jarolina ni$ersity, 2Ascalating.S. 5olice Sur$eillance ater >-** an Axamination o Jauses and Afects,3Sur$eillance and Society $ol. 0, no.


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A) 7ea$ restrictions so$(e no,he courts ha(e net yet ru$e! on ri(acy concerns "or

!rones.

Melanie Rei!, )*1, Melanie Ceid is an 6ssociate 5roessor o 8aw at the

8incoln Memorial ni$ersity!Duncan School o 8aw, 24C)7DI74 DC)7ASPI4 PC)&AC:S &))8 P)Q 7AADS CA486&I)7 7)& A8IMI76&I)7,3 Cichmond

ournal o 8aw [ &echnology $ol. #, issue


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Courts are !i(i!e! on ,hat to !o ,ith UA sur(ei$$ance

no concrete $ea$ action.

. &yler :$ac%, )*1/, . &yler Plack is an associate in the ;rm &hompsonJoburn 885:s transportation regulatory practice, 2)$er Eour ead, nder theCadar 6n Axamination o Jhanging 8egislation, 6ging Jase 8aw, and 5ossible

Solutions to the Domestic 5olice Drone 5u%%le,3 9ashington and 8ee 8awCe$iew $ol. ?#, pp. *" ustices Sotomayor and 6lito thus described the dangers o 45S technology that, almostword!or!word, could be applied to the capabilities o drones and the problems that widespread police

sur$eillance employing drones would entail. I the Supreme Jourt $iews the threat odrone sur$eillance similarly, restrictions on unwarranted drone use could beorthcoming.
http://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulrhttp://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulrhttp://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulrhttp://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4347&context=wlulr


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A) CertiHcate is enouh restrictionSecia$ certiHcates on$y a!!ress art o" the rob$e#.

5hilip . 'i$tner, )*1/, 5hil iltner is currently a lawyer in the 9ashtenawJounty )Lce o 5ublic Deender:s )Lce and also works or the 8aw )Lces o

onathan Dills, 7orth Jarolina &hirteenth 5rosecutorial District, 2&A DC)7AS6CA J)MI74 SA )F 7M677AD 6ACI68 AIJ8AS F)C 5)8IJASCAI8867JA 67D I&S F)C& 6MA7DMA7& IM58IJ6&I)7S,3 9ake Forest

ournal o 8aw and 5olicy $ol.

&he only way or ci$il operators to use 6Ss is to obtain a Special6irworthiness Jerti;catein the Axperimental Jategory /2S6J!AJ31.&hese certi;catesallow ci$il 6S users to perorm 2operations or research and de$elopment,

market sur$ey, and crew training.30# )nly ninety!our S6J!AJs ha$e been issued by the F66since ##=.0* &he second alternati$e is through Jerti;cates o 9ai$er or 6uthori%ation /2J)6s31, which are

a$ailable to go$ernmental agencies, including law enorcement.0 6pplications or J)6s maybe ;lled out online, and the issuance o these certi;cates is uickly growing .0 to >" in #*#.00 J)6sgenerally de;ne the permitted airspace in which the 6S may be used, reuire coordination with an airtraLc control acility, reuire operation within eyesight when used in public airspace, and include specialpro$isions uniue to the speci;c 6S:s operation.0= 9hen looking at the numbers abo$e, there does notseem to be much cause or alarm. &hree hundred 6Ss across the entire nited States does not indicate asigni;cant pri$acy threat. owe$er, one can expect that number to skyrocket o$er the next ew years.0+

Jongress expressed this intention with the enactment o the F66Moderni%ation and Ceorm 6ct on February *0, #*.0? &his 6ct calls or the Secretary o&ransportation to expedite the process or issuing J)6s to both ci$il organi%ations0" and go$ernment

agencies.0> .C. +=" passed the ouse 0" to *+> and easily cleared the Senate ?= to #.=#&hemessage rom the legislature was loud and clear they wanted to open thedoor wide or the use o 6Ss in domestic airspace . 6 rapid inHux o 6Ssshould gi$e rise to serious misgi$ings or those concerned with pri$acyprotection i corresponding pri$acy regulations are not orthcoming.

FAA reu$ations !o not ertain to ,hat !rones can !o

a"ter bein $icense! to


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collected rom pri$ate indi$iduals through the use o drones. billion. = 76S6 orecasts Vsigni;cant capacity growth or ci$ilT 6s.V0+ Integrationo drones into national airspace will begin with drone deployments at six testing sites throughout thecountry!in order to $ary in climate and geography, presumably to increase the chance o detectingcomplications!as mandated in the 6ct.0?


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GGG0RO7IFERAION ADGGG


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Drone use internationa$$yDrone ro!uction "or sur(ei$$ance uroses has increase!

internationa$$y.

Micah 9en%o, anuary )*1/, Micah Nenko is the Douglas Dillon ellow in

the Jenter or 5re$enti$e 6ction /J561 at the Jouncil on Foreign Celations/JFC1, 2Ceorming .S. Drone Strike 5olicies,3 Jouncil on Foreign Celations,Jouncil Special Ceport, no. +=, pp. *!


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Do#estic use secon!ary ac5uisition6ith "uture !rone exansion this $ea! in !rone techno$oy

,i$$ beco#e ero!e! secon!ary ac5uisition.

Scott Shane, )ctober ", )*11, 2Joming Soon &he Drone 6rms Cace,3 &he

7ew Eork &imes,http--www.agriculturedeensecoalition.org-sites-deault-;les-;le-dronesG=*?-=*?UGG#**GJomingGSoonG&heGDroneG6rmsGCaceG)ctoberG"G#**G7E&imes.pd

2&he $irtue o most .6..:s is that they ha$e long wings and you can strap anything to them,3 Mr. 4ormleysays. &hat includes $ideo cameras, ea$esdropping euipment and munitions, he says. 2It:s spreading like

wild;re.3 So ar, the nited States has a huge lead in the number andsophistication o unmanned aerial $ehicles/about ?,###, by one oLcial:s estimate, mostlyunarmed1. &he 6ir Force preers to call them not .6..:s but C.5.6.:s, or remotely piloted aircrat, inacknowledgment o the human roleR 6ir Force oLcials should know, since their ser$ice is now training morepilots to operate drones than ;ghters and bombers. 5hilip Finnegan, director o corporate analysis or the

&eal 4roup, a company that tracks deense and aerospace markets, says global spending on

research and procurement o drones o$er the next decade is expected to totalmore than X>0 billion, including X> billion on remotely piloted combat aircrat. Israel andJhina are aggressi$ely de$elopingand marketing drones, and Cussia, Iran, India,5akistan and se$eral other countries are not ar behind. &he Deense Security Ser$ice,which protects the 5entagon and its contractors rom espionage, warned in a report last year that

6merican drone technology had become a prime target or oreign spies .
http://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517K_2_2011_Coming_Soon_The_Drone_Arms_Race_October_8_2011_NYTimes.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517K_2_2011_Coming_Soon_The_Drone_Arms_Race_October_8_2011_NYTimes.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517K_2_2011_Coming_Soon_The_Drone_Arms_Race_October_8_2011_NYTimes.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517K_2_2011_Coming_Soon_The_Drone_Arms_Race_October_8_2011_NYTimes.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517K_2_2011_Coming_Soon_The_Drone_Arms_Race_October_8_2011_NYTimes.pdfhttp://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517K_2_2011_Coming_Soon_The_Drone_Arms_Race_October_8_2011_NYTimes.pdf


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Drone ro$i" $ac%s sa"euar!sStates that ac5uire !rone techno$oy secon! han!

en!aner U.S. interests $ac% o" sa"euar!s resent in

current U.S. #i$itary in"rastructure.

Micah 9en%o, anuary )*1/, Micah Nenko is the Douglas Dillon ellow inthe Jenter or 5re$enti$e 6ction /J561 at the Jouncil on Foreign Celations/JFC1, 2Ceorming .S. Drone Strike 5olicies,3 Jouncil on Foreign Celations,Jouncil Special Ceport, no. +=, pp. *!


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Drones L #i$itary urosesDo#estic !rone !e#an! o(er the next !eca!e is execte!

to increase ,ith ne, techno$oica$ inno(ation uti$iBe!

"or #i$itary uroses.

6nn Ca(ou%ian, 6ugust )*1), 6nn Ja$oukian is the ormer Inormationand 5ri$acy Jommissioner or the Janadian pro$ince o )ntario ser$ing rom*>>? to #*0, 25ri$acy and Drones nmanned 6erial ehicles,3 5ri$acy byDesign, pp. *!?, http--www.publicsaety.gc.ca-lbrr-archi$es-cnmcs!plcng-cn>"!eng.pd, p. 0

&he domestic use o 6s is nonetheless expected to continually push towardsmaller platorms that are more manageable and more afordable. It has beennoted that the reduced cost o 6s has become a signi;cant selling point.&his is being enabledby the ongoing process o miniaturi%ation osensors, controls, data link solutions, andcomputing elements. 6 6 system that includes a ground operating computer can cost less thanS X=#,###, whereas a police helicopter perorming the same unction can cost up to S X* million.> 6

lack o access to national airspace, as well as lack o suitable 6 standards and practices, are among the

reasons cited or the relati$ely slow emergence o the 6 market in the domestic context. Domesticdemand is expected to increase o$er the next decade, starting withgo$ernment organi%ations reuiring sur$eillance systems similar to military6s, such as coast guards, border patrol organi%ations, and similar national security agencies.*#
http://www.publicsafety.gc.ca/lbrr/archives/cnmcs-plcng/cn29822-eng.pdfhttp://www.publicsafety.gc.ca/lbrr/archives/cnmcs-plcng/cn29822-eng.pdfhttp://www.publicsafety.gc.ca/lbrr/archives/cnmcs-plcng/cn29822-eng.pdfhttp://www.publicsafety.gc.ca/lbrr/archives/cnmcs-plcng/cn29822-eng.pdf


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U.S. is #o!e$e!:y settin an exa#$e o" $ax contro$ on !rone techno$oy

the U.S. is sen!in a #essae abroa! that !e(e$o#ent

an! use is er#issib$e.

Scott Shane, )ctober ", )*11, 2Joming Soon &he Drone 6rms Cace,3 &he7ew Eork &imes,http--www.agriculturedeensecoalition.org-sites-deault-;les-;le-dronesG=*?-=*?UGG#**GJomingGSoonG&heGDroneG6rmsGCaceG)ctoberG"G#**G7E&imes.pd

6& the Nhuhai air show in southeastern Jhina last 7o$ember, Jhinese companies startledsome 6mericans by un$eiling = diferent models o remotely controlledaircrat and showing $ideo animation o a missile!armed drone taking out anarmored $ehicleand attacking a nited States aircrat carrier. &he presentation appeared to be moremarketing hype than military threatR the e$ent is Jhina:s biggest a$iation market, drawing both Jhinese

and oreign military buyers. Put it was stark e$idence that the nited S tate s: near monopoly

on armed drones was coming to an end, with ar!reaching conseuences or6merican security, international law and the uture o warare. A$entually, the nited S tates will ace a military ad$ersary or terrorist group armed withdrones, military analysts say. Put what the short!run ha%ard experts oresee isnot anattack on the nited States, which aces no enemies with signi;cant combat drone capabilities, but thepolitical and legal challenge s posed when another country ollows the6merican example . &he Push administration, and e$en more aggressi$ely the )bamaadministration, embraced an extraordinary principle that the nited States can send this robotic weapono$er borders to kill percei$ed enemies, e$en 6merican citi%ens, who are $iewed as a threat.

Fai$ure to a!ot ru$es "or U.S. !rones sets a !anerous

internationa$ rece!ent.Uristen Roberts, March *, )*1/, Uristen Coberts is a news editor or7ational ournal, masterYs in security studies rom 4eorgetown ni$ersity,masterYs degree in (ournalism rom Jolumbia ni$ersity, V9hen the 9hole9orld as Drones,V 7ational ournal,www.national(ournal.com-maga%ine-when!the!whole!world!has!drones!#*


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border.8abel the targets as terrorists, and in each case, &ehran, Moscow , and 6nkara may

point toward ashington and say, we learned it by watching you. In 5akistan,

Eemen, and 6ghanistan.&his is the unintended conseuence o 6merican drone warare. For all o the attention paid to thedrone program in recent weeksKabout 6mericans on the target list /there are none at this writing1 and the executi$e branch:s legal authority to kill by drone outside war

%ones /thin, by oLcials: own pri$ate admission1Kwhat goes undiscussed is 9ashington:s deliberateailure to establish clear and demonstrable rules or itsel that would atminimum create a globally rele$ant standard or delineating betweenlegitimate and rogue uses o one o the most awesome military roboticscapabilities o this generation.


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U.S. $ea!ershi so$(esU.S. reu$ation an! restrictions on !rones surs other

countries to cooerate on their ro$i"eration.

)mar S. :ashir, September 0, )*1), )mar Pashir is a 5h.D. candidate in

the Department o 5olitics at 5rinceton ni$ersity and a graduate o theDepartment o 6eronautics and 6stronautics at MI&, V9ho 9atches theDronesWV Foreign 6fairs, www.oreignafairs.com-articles-*


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Internationa$ nor#s L rea$Nor# settin is e8ecti(e the U.S. can #a%e a !i8erence

on !rones.

Micah 9en%o, anuary )*1/, JFC Douglas Dillon Fellow in the Jenter or

5re$enti$e 6ction, 5hD in 5olitical Science rom Prandeis ni$ersity,2Ceorming .S. Drone Strike 5olicies,3 JFC Special Ceport +=

istory shows that how states adopt and use new military capabilities is oteninHuenced by how other states ha$eKor ha$e notKused them in the past.

Furthermore, norms can deter states rom acuiring new tech nologies.? 7ormsK

sometimes but not always codi;ed as legal regimesKha$e dissuaded states rom deploying blinding lasersand landmines, as well as chemical, biological,and nuc lear weapons. 6 well!articulated and internationally supported

normati$e ramework, bolstered by a strong U.. eample , can shape armed drone

proli eration and employmentin the coming decades. Such norms would not hinder .S. reedom o actionR rather, they wouldinternationali%e already!necessary domestic policy reorms and, o course, they would be acceptable only insoar as the limitations placed reciprocally on .S. drones

urthered .S. ob(ecti$es. 6nd e$en i hostile states do not accept norms regulating drone use, theexistence o an international normati$e ramework, and U.. compliance with that ramework, would preser$e

9ashington:s ability to apply diplomatic pressure. Models or de$eloping such a ramework would be based inexisting international laws that emphasi%e the principles o necessity, proportionality, and distinctionKto which the nited States claims to adhere or its drone strikesKand should be inormed by comparable eforts in the realms o cyber and space.


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0ro$i" i#act ext.Drone ro$i" conG*-">G*Poyle.pd

6second conseuence o the spread o drones is that many o the traditionalconcepts which ha$e underwritten stability in the international system will be

radically reshaped by drone technology. For example, much o the stability

among the reat owers in the international system is dri$en bydeterrence,

speci;cally nuclear deterrence.*


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errorists can hac% !roneserrorists to ta%e o(er contro$ o" aircra"t oerations cou$!

easi$y soo" UA?s.

Part E$ias, September *#, )*1), Part Alias is a specialist in a$iation policy

and a researcher or the Jongressional Cesearch Ser$ice, 25ilotless DronesPackground and Jonsiderations or Jongress Cegarding nmanned 6ircrat)perations in the 7ational 6irspace System,3 Jongressional CesearchSer$ice, pp. *!*, http--biotech.law.lsu.edu-crs-C0?*".pd, p. **

6dditionally, unmanned aircrat command and control links could potentially beintentionally (ammed or hacked resulting in a loss or hostile takeo$er ocontrol. For example, &odd umphreys, an assistant proessor at the ni$ersity o

&exasat 6ustin, demonstrated a remote hi(acking o an unmanned aircrat by45S guidance signals. In congressional testimony, he warned that ad$ances in sotware!de;ned radio and the a$ailability o 45S signal simulators may pro$idea$erage hackers with the capability to interere with unmanned aircratoperations.? umphreys recommended that non!recreational ci$ilian unmanned aircrat weighingmore than *" pounds be reuired to ha$e spoo!resistant na$igation systems. More broadly, herecommended that 45S!based timing and na$igation systems used in national critical inrastructure also

be reuired to be spoo!resistant. e noted that while 2tThere is no uick, easy, and cheap;x or the ci$il 45S spoo;ng problem`reasonable, cost!efecti$e spoo;ng deenses existwhich, i implemented, will make successul spoo;ng much harder.3" 6s a long!range solution, he urtherrecommended that the Department o omeland Security commit to unding the de$elopment andimplementation o methods or perorming cryptographic authentication o 45S signals, or at least or theaugmented 45S signals used or ci$il a$iation.
http://biotech.law.lsu.edu/crs/R42718.pdfhttp://biotech.law.lsu.edu/crs/R42718.pdf


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C:6 causes extinctionMany roue $ea!ers are ,i$$in an! ab$e to use C:6s that

srea! rai!$y an! %i$$ hun!re!s o" #i$$ions in hours a$one

,hich a$so cause extinction.

Jliford Siner, Spring )**1, Director o the 5rogram in 6rms Jontrol,Disarmament, and International Security at the ni$ersity o Illinois atrbana, Jhampaign, &he Pulletin o the 5rogram in 6rms Jontrol,Disarmament, and International Security, 29ill Mankind Sur$i$e theMillenniumW,3 http--www.acdis.uiuc.edu-research-S[5s-##*!Sp-S[5GQIII-Singer.htm

In recent years the ear o the apocalypse /or religious hope or it1 has been in part a child o the Jold 9ar,but its seeds in 9estern culture go back to the Plack Death and earlier. Cecent polls suggest that thema(ority in the nited States that belie$e man would sur$i$e into the uture or substantially less than amillennium was about *# percent higher in the Jold 9ar than aterward. owe$er ear o annihilation othe human species through nuclear warare was conused with the admittedly terriying, but muchdiferent matter o destruction o a dominant ci$ili%ation. &he destruction o a third or more o much o the

globe:s population through the disruption rom the direct conseuences o nuclear blast and ;re damage

was certainly possible.&herewas, and stillis, what is now known to be a rather small

chance that dust raised by an all!out nuclear war would cause aso!called nuclear

winter, substantially reducing agricultural yields especially in temperate regions or a year or more. 6snoted abo$e mankind as a whole has weathered a number o mind!boggling disasters in the past ;tythousand years e$en i older

Documents

Drones Affirmative - MSDI 2015