Sunday, April 14, 2013

Surveillance and Observation, Including Intrusion upon Seclusion

 Timothy T. Takahashi, Drones and Privacy, XIV COLUM. SCI. & TECH. L. REV. 72 (2012)

Adam J. Tutaj, Intrusion upon Seclusion: Bringing an "Otherwise" Valid Cause of Action into the 21st Century,82 Marq. L. Rev. 665 (1999).

Tom Bush, A Privacy-Based Analysis for Warrantless Aerial Surveillance Cases,75 Cal. L. Rev. 1767 (1987).

Jones, Drones and Homes: How Ancient Property Doctrine Can Expand Notions of Privacy

Gregory S. McNeill, Drones and Privacy Governance (2012) (includes proposed model law).
Unmanned systems (drones) and other technological innovations raise serious questions about modern conceptions of privacy. This paper examines the constitutional doctrine related to aerial surveillance and technology, and finds that current doctrine is unlikely to prevent the use of unmanned systems. The paper next addresses calls to create a statutory requirement that will subject the use of unmanned systems to the warrant requirement. These calls are rejected because they fail to protect privacy, while unnecessarily hampering legitimate law enforcement efforts. To best protect privacy, the paper suggests various mechanisms of democratically centered privacy governance, and a regulatory regime to govern the use of unmanned systems. The paper's appendix includes a model bill appropriate for adoption by cities, states, and the federal government. The bill outlines the various privacy governance measures discussed in the body of the paper.