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May 29, 2013

Nothing radical, crazy or wildly mistaken in SB 15 that I can see. It was passed by the Senate yesterday, 38 to 1. (The No vote came from Senator Anderson.) Basically, all they've done is amend the existing privacy laws to also make it clear that they extend to unmanned drones. It is, for instance, against the law to peep in your neighbor's bathroom window. It will also be against the law to fly an unmanned drone with a camera up to your neighbor's bathroom window. As for law enforcement, if they would have had to get a search warrant to look where they want to look, they still have to get a search warrant if they want to look there with an unmanned drone.

14352. (a) A law enforcement agency shall obtain a search warrant when using an unmanned aircraft system under circumstances where a search warrant is required.

(b) A search warrant is not required for the use of an unmanned aircraft system under circumstances where there is an exception to the search warrant requirement, or under exigent circumstances.

The search warrant will have to specify if an unmanned drone is to be used.

The only completely new thing in the bill is that it forbids installing weapons on unmanned drones. No exceptions. The fine for that is $1,000 (or three months in jail).

Here's the core rule about privacy:

1708.8. (a) A person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise committed a trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person.

But there is an exception in (g):

1708.8. (g) This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.

I don't think this is new. But it means that if you think you can use an unmanned drone to capture a video of some government official lounging around his backyard pool on a weekday when he's supposed to be working at his desk, then go right ahead. No law against that! I only ask you to consider if you really want that guy working at his desk, or is he doing less harm at the pool.

Filed under California,Libertarianism | permalink | May 29, 2013 at 02:10 PM

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