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Budapest W5: Emerging Technology - The New Privacy Battle

Schlag, Chris (2013) The New Privacy Battle: How the Expanding Use of Drones Continues to Erode Our Concept of Privacy and Privacy Rights. Pittsburgh Journal of Technology, Law, and Policy, vol. 13, no.2 (Spring 2013), 1–22.
"Presently, there are no specific legislative limitations on domestic drone use. Consequently, drones can be used in a manner that drastically invades individual privacy." p.2

USA and Israel led the technological advancements of drones, developing UAV for predatory and scouting purposes.

"Drone technologies have developed in several different purpose areas, which include: remote sensing, aerial surveillance, transportation, scientific research, weaponry, and search and rescue." p.6

"because drones are often quiet and can fly at significant heights, often remaining invisible to the naked eye, drone use raises concerns of individual privacy violations." p.12

"has the availability of drones for general use, combined with public knowledge of drone operation destroyed society’s privacy expectations to the degree that individuals have no reasonable expectation of privacy from drone surveillance?" p.15

"even if drones cannot be used to obtain information about a person’s in-home activities, surveillance drones flying in open view or in public airspace would likely not be protected under the Fourth Amendment, because the Supreme Court has already said there is no reasonable expectation of privacy in these areas" p.16

"The argument has been made that drones are no more invasive to privacy than the standard helicopter surveillance.134 However, a survey of proposed legislation clearly suggests that privacy during drone surveillance is actually a major concern." p.19

"A solution to the overall privacy concerns raised by drones, which has not been proposed in either federal or state legislation, would be to develop a baseline consumer protection law that details permissible uses of drones in domestic airspace by both law enforcement agencies and private parties." p.21

"drone use may become so commonplace that it dissolves current privacy expectations to the degree that individuals will have no reasonable expectation to privacy." p.22 

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