Thomas Jefferson’s Home Town First to Ban Drone Surveillance
February 6th, 2013
Unmanned drones have become highly controversial weapons of war. From the safety of air conditioned bases on other continents, drone pilots often engage enemies in cities and away from the battlefield. Due to their tiny size and undetectable nature, drones can conduct surveillance and drop bombs in places where an airplane would be easily noticed.
After the US government started using them overseas, many municipalities and federal agencies began buying drones for domestic use. Civil liberties advocates around the country, recognizing a serious threat to privacy, erupted in protest. Now, the political movement to forbid the government from using drones on its own citizens has scored its first legislative victory. US News is reporting that the Charlottesville, VA city council just passed a resolution that prevents municipal agencies from acquiring drones for domestic use.
The Complex Legal Issues Surrounding Drones
Unmanned drones are a form of spy technology. Hidden high in the sky, their primary purpose is to stalk and kill targets on the ground. Away from the battlefield, it’s challenging to use them without violating the rights of others. Due to the way common law deals with property rights, homeowners don’t have much in the way of legal protection when it comes to the airspace above their homes.
For this reason, government agencies are struggling with the temptation to simply spy on Americans from above at all times without a warrant. It’s easy for them to do without citizens finding out in the first place. This is why most anti-drone activists oppose letting the government so much as purchase them for domestic use, even though there could be some reasonable scenarios in which drones might be legitimately useful.
Warrantless Drone Use Violates the Constitution
Charlottesville’s drone ban contains language that calls on the state and federal governments to prohibit the admission of warrantless drone videos in court proceedings. It’s reasonable to think that a citizen has an expectation of privacy in his or her own home. However, little applicable legal precedent currently exists in this area. Soon, a law enforcement agency will probably improperly use drones to secure a conviction, and, given the level of controversy surrounding this issue, the Supreme Court could wind up taking it on as a defining case.
In one sense, Charlottesville’s drone ban goes too far. Since it bans the use of drones by anyone for two years, it goes beyond restricting their use by governments. Private citizens should still be able to use drones for reasonable, non-invasive purposes that don’t impact the rights of others. For example, a farmer with miles upon miles of property could theoretically use one without hurting anyone else. This aspect of the ban only lasts two years, however, and private drone use is not yet popular enough for any individual to realistically be affected by it.
Perfect or not, Charlottesville’s drone ban honors the legacy of its greatest local historical figure, Thomas Jefferson. For coming together to prevent the government from using drone technology on its own citizens, Charlottesville’s city council, the Rutherford Institute, and key local anti-drone activist David Swanson are our Rebels of the Week.
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