Proposed FAA Amendment Limits Government Drone Use Without a Warrant

A federal or state law enforcement agency couldn't use a drone to monitor or collect evidence for a criminal investigation, violation of a regulation or for intelligence purposes without a warrant, under a newly proposed bipartisan amendment to the Federal Aviation Administration Reauthorization Act. Sens. Rand Paul, R-Ky., and Ed Markey, D-Mass, introduced the amendment Thursday, which they said would ensure people's constitutional privacy protections. The amendment also says evidence collected in violation of the amendment would be inadmissible in any U.S. court. "Congress must be vigilant in providing oversight to the use of this technology and protection for rights of the American people," Paul said in the statement. “Requiring that law enforcement obtain a warrant before using a drone ensures we reap the economic and educational benefits of drones while ensuring the privacy of Americans is protected," Markey said. The proposed amendment does contain some exceptions, such as when drones are used to patrol borders, when there's an "imminent danger to life" and when there is a high risk of a terrorist attack. The Senate's proposed FAA reauthorization bill contains several new provisions beneficial to drone use but also increases privacy protections for personally identifiable information (see 1603160028).