Cdl core Files 2015-2016 cdl core Files



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Links—Drones

Drones are critical to combat bio- and chemical-terror


Koerner 2015 (Matthew R [Duke University School of Law, J.D. expected 2015]; DRONES AND THE FOURTH AMENDMENT: REDEFINING EXPECTATIONS OF PRIVACY; 64 Duke L.J. 1129; kdf)

Senator Dianne Feinstein, a staunch advocate of governmental surveillance n1 and Chairman of the 113th Congress's Senate Intelligence Committee, n2 recently found herself, rather ironically, as the target of surveillance. n3 One day at her home, Senator Feinstein walked to the window to check on a protest that was taking place outside. n4 Much to her surprise, a small drone n5 hovered on the other side of the window, only inches away, spying on her. n6 The drone immediately flew away. n7 Senator Feinstein's experience is just one example of drones being used for surveillance within the United States. But her story and others like it n8 have sparked significant controversy over the use of drones for domestic surveillance, which falls within a broader debate [*1131] on privacy and governmental surveillance programs. n9 Advocates of robust federal surveillance policies champion governmental surveillance as the only way to prevent terrorist and cyber attacks against the United States. n10 President Barack Obama defended these surveillance programs as ""modest encroachments on privacy'" that "strike the "right balance' between national security and civil liberties." n11 In comparison, privacy advocates envision these surveillance programs leading to a dystopian, totalitarian government watching over its citizenry - undetected but omnipresent. n12 References to George Orwell's Nineteen Eighty-Four n13 abound. n14 [*1132] Apart from the surrounding privacy-concerns debate, drones currently provide many practical benefits and their projected applications seem limitless. n15 Based on their obvious advantage of being unmanned, drones have the capability to conduct missions previously considered too risky, dangerous, or impracticable. These applications are also provided at continuously decreasing costs and with the latest technological sophistication, such as the capability to see through physical obstructions, to detect various chemical and biological agents in the air, to recognize human faces and license plates, and to fly in strategic, coordinated formations. n16


The plan grounds drones – blocking preventive measures


McNeal 2014 (Gregory [prof at Pepperdine University]; Drones and Aerial surveillance: Considerations for Legislators; Nov; www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance; kdf)

To counter the threat of surveillance, privacy advocates have focused solely on requiring warrants before the use of drones by law enforcement. Such a mandate oftentimes will result in the grounding of drone technology in circumstances where law enforcement use of drones would be beneficial and largely non-controversial. For example, in light of the Boston Marathon bombing, police may want to fly a drone above a marathon to ensure the safety of the public. Under many bills, police would not be allowed to use a drone unless they had a warrant, premised upon probable cause to believe a crime had been or was about to be committed. This requirement exceeds current Fourth Amendment protections with regard to the reasonableness of observing activities in public places. What this means is that the police would need to put together a warrant application with sufficient facts to prove to a judge that they had probable cause. That application would need to define with particularity the place to be searched or the persons to be surveilled. All of this would be required to observe people gathered in a public place, merely because the observation was taking place from a drone, rather than from an officer on a rooftop or in a helicopter. In a circumstance like a marathon, this probable cause showing will be difficult for the police to satisfy. After all, if the police knew who in the crowd was a potential bomber, they would arrest those individuals. Rather, a marathon is the type of event where the police would want to use a drone to monitor for unknown attackers, and in the unfortunate event of an attack, use the footage to identify the perpetrators. This is precisely the type of circumstance where the use of drone could be helpful, but unfortunately it has been outlawed in many states. To make matters worse, this type of drone surveillance would pose little to no harms to privacy. A marathon is a highly public event, the event is televised, it takes place on streets where there are surveillance cameras and spectators are photographing the event. Moreover, in the states where drones have been banned (unless accompanied by a warrant), the police have not been prohibited from using any other type of surveillance equipment --- just drones. This technology centric approach has done little to protect privacy, but will certainly harm public safety, depriving law enforcement of a tool that they could use to protect people.


Domestic drones k2 solve for terrorism


Bauer 13 (Max Bauer, of ACLU of Massachusetts 9-11-2013, "Domestic Drone Surveillance Usage: Threats and Opportunities for Regulation," https://privacysos.org/domestic_drones CCC)

Unmanned aerial vehicles, commonly known as drones, are an emerging and rapidly-expanding development in domestic surveillance technology. [4] On Valentine’s Day 2012, President Barack Obama signed the FAA Modernization and Reform Act of 2012, legislation authorizing the Federal Aviation Administration (FAA) to develop regulations to facilitate the growing usage of drones in domestic airspace. [5] Drones are best known for their use in military operations [6] including the use of weaponized drones for targeted killing. But drones have been used for domestic surveillance purposes for years [7] and their usage is expected to grow exponentially. [8] The FAA has issued 1,428 drone operator permits since 2007 (as of mid-February) and predicts there will be 10,000 drones deployed within the next five years. [9] A public information request by the Electronic Frontier Foundation showed that numerous universities and law enforcement agencies have been approved to use drones by the FAA. [10] Of course, the widespread use of drones for domestic surveillance raises serious privacy concerns. [11] Drones can be outfitted with high definition [12] and infrared cameras, [13] and even license plate readers. [14] Drones “present unique threats to privacy,” in the words of one privacy advocate. [15] Why? They are smaller – potentially insect-sized, [16] can fly longer – perhaps soon in perpetuity, [17] and are not bound by the historical, practical check on law enforcement excesses we've had as a result of limited police resources. [18] In a seminal 1890 law review article aptly-titled The Right to Privacy, future Supreme Court Justice Louis Brandeis recognized that “instantaneous photographs… have invaded the secret precincts of private and domestic life…Of the desirability – indeed of the necessity – of some such protection there can, it is believed, be no doubt.” [19] Brandeis and his co-author Samuel Warren were ahead of their time when they wrote that article but even they couldn’t foresee anything like the domestic surveillance schemes that have arisen over a century later. Drones Used in Massachusetts and Response to Boston Marathon Bombings. Late in 2012, the Boston Globe reported that a SWAT team in Massachusetts had filed an application with the FAA for a drone. [20] As of April 2013, there were no police drones yet in Massachusetts but Waltham-based defense contractor Raytheon was flying many of them in testing capacities. [21] Surveillance and war contracting companies hope to expand their market from military to domestic law enforcement. [22] Following the explosion of two bombs at the 2013 Boston Marathon, parts of the city shut down as the search for a suspect continued, prompting Ron Paul to write: “This unprecedented move should frighten us as much or more than the attack itself.” [23] Boston Police Commissioner Ed Davis told the public shortly afterward that he seeks more surveillance cameras (there are already hundreds) in downtown Boston. [24] And further, he said, he wants to have drone surveillance for next year’s marathon. [25]



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