The Autonomous Selfie Drone
Is Here. Is Society Ready for It?

The Federal Aviation Administration has filed a brief in response to EPIC’s lawsuit, EPIC v. FAA, concerning the FAA’s failure to establish privacy rules for commercial drones. EPIC sued the FAA after Congress required a “comprehensive plan” for drone deployment in the United States and the FAA denied EPIC’s petition calling for privacy safeguards. In the opposition brief, the FAA acknowledged “that cameras and other sensors attached to [drones] may pose a risk to privacy interests.” The FAA claims that the agency is not ignoring drone privacy risks, but documents from a previous Freedom of Information Act request by EPIC showed the agency also failed to complete a drone privacy report required by Congress.

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The U.S. Court of Appeals for the D.C. Circuit will hear arguments this week in EPIC v. FAA, a lawsuit concerning the FAA’s failure to establish privacy rules for commercial drones. EPIC’s case is based on an Act of Congress requiring a “comprehensive plan” for drone deployment in the United States and a petition, backed by more than one hundred organizations and privacy experts, calling for privacy safeguards. As EPIC argued in a brief to the Court, “It is not possible to address the hazards associated with drone operations without addressing privacy in the final rule for small commercial drones.” Arguments will be held Thursday morning at the American University Washington College of Law. EPIC Senior Counsel Alan Butler will argue the case. EPIC’s case is EPIC v. FAA, No. 16-1297 (D.C. Cir.).

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The House Homeland Security Committee passed H.R. 4548, the “Border Security for America Act,” which would dramatically expand surveillance capabilities along the northern and southern borders of the U.S. The bill seeks “to achieve situational awareness and operational control of the border,” with unmanned aerial vehicles (drones), radar surveillance systems, license plate readers, and biometric databases. The Border Security Act would establish a biometric exit data system at US airports, seaports, and land ports. Biometric data would be combined with other Federal databases. The Privacy Act normally limits the government’s ability to collect personal data, but this bill would exempt the Department of Homeland Security from compliance with the Privacy Act. Previous EPIC FOIA lawsuits have revealed that border surveillance by drones would capture imagery, data, and wifi data of US citizens,

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Senator Markey and Representative Welch today introduced the Drone Aircraft Privacy and Transparency Act of 2017. The Act would establish privacy safeguards to protect individuals from drone surveillance. The Drone Privacy Act requires publicly available data collection statements from operators and warrants for drone surveillance by law enforcement. “Drones flying overhead could collect very sensitive and personally identifiable information about millions of Americans, but right now, we don’t have sufficient safeguards in place to protect our privacy,” said Senator Markey. The Act includes privacy protections EPIC has proposed in statements to Congress and comments to federal agencies. In EPIC v. FAA, EPIC is challenging the failure of the FAA to protect the public from aerial surveillance.

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