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By Miriam Raftery
August 27, 2014 (Sacramento)--A bill to restrict law enforcement and other government agencies from using drones to spy on Californians without a warrant has passed the State Senate with overwhelming support. Senators voted 25 to 8 in favor of AB 1327, which now returns to the full Assembly for a concurrence vote on amendments made in the Senate. If approved there, it will advance to Governor Jerry Brown’s desk for signature.
If passed, the measure would require law enforcement agencies to get a warrant from a judge before using drones, or unmanned aircraft. There is an exception, however, for emergencies such as in a hostage situation or during wildfires.
The legislation would require law enforcement agencies to obtain a warrant before using an unmanned aircraft, or drone, except in emergencies such as a fire or a hostage-taking.
Other agencies would still be allowed to use drones or hire private contractors to do drone surveillance, but not for gathering criminal intelligence. Agencies would be required to destroy data collected by drones within a year, in most cases.
Senator Ted Lieu, a coauthor of the measure, says drones have a high potential for abuse and that the bill aims to assure that Constitutional rights are protected. Some other states, including Idaho and Virginia, have already passed laws to protect privacy concerns by limiting the use of drones.
The bill is opposed by law enforcement groups, notably the California Police Chiefs Association and the California State Sheriffs' Association which contends the measure goes too far and that use of drones is helpful for law enforcement purposes.
Is the measure needed, and does it go far enough? Recently some national parks have banned the use of drones, after someone flew one into a herd of bighorn sheep, separating young sheep from their mothers.
The California bill only addresses official use of drones by government agencies. It does not address use of drones by private corporations, nonprofits or individuals. In San Diego’s East County, proposed drone testing drew strong opposition from residents concerned with privacy, noise, potential collisions and fires if a drone should crash in dry, fire-prone area.
The Federal Aviation Administration estimates that 30,000 commercial drones could be in operation in less than 20 years.
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