Sunday, April 14, 2013

The Fundament First Amendment Right to Observe

John A. Humbach, Privacy and the Right of Free Expression, 11 First Amendment L. Rev. 16, 41–46  (2012) :

John Villasenor, “Observations from Above: Unmanned Aircraft Systems and Privacy,” Harvard Journal of Law & Public Policy 36, no. 2 (2013): 517.

Complaint (ACLU). 

 The Legality of Using Drones to Unilaterally Monitor Atrocity Crimes:
This Note focuses on the legality of employing unmanned aerial vehicles ("UAVs"), often referred to as "drones," to gather information about the commission of atrocities in another state without that state's consent. The relevance of UAVs to the collection and dissemination of visual evidence of atrocity crimes is acute. As states reduce their citizens' free access to technology as a means of retaining power, the resulting difficulty in receiving reliable data on ongoing atrocities will likely increase the value of intermediary mechanisms. UAVs may, therefore, constitute a legitimate intermediary humanitarian interference mechanism, given their ability to provide useful atrocity response services without recourse to force. Because of this, greater attention should be paid to delineating the legal limits surrounding the use of UAVs to deter atrocity crimes.

The (Common) Law of Man Over (Civilian) Vehicles Unmanned