Wyoming Committee to Consider Drone Regulation

Following the 2014 session I began to research drone use in the United States, particularly by law enforcement. At the federal level, the Federal Aviation Administration has been developing a regulatory program for years, but it is singularly focused on the safety of using drones in national airspace. Only recently have federal law enforcement agencies responded to the concerns of numerous citizens and interest groups about privacy, with one prominent example being a report from the U.S. Department of Justice last fall.

As the bureaucracy responds slowly, drone technology quickly advances, not only making UAVs more reliable and smaller, but cheaper. Although surveillance draws the greatest concern domestically, even fears of weaponized drones are not far-fetched. One company displayed a chilling example last month at the South by Southwest conference:

Fortunately, though the federal government is slow to react, a number of states have had serious discussions about the proper use of drones by law enforcement, and some have passed laws regulating their use. The laws differ—widely in some circumstances—but at least seven states (Oregon, Idaho, Montana, Illinois, Indiana, Tennessee and Florida) require law enforcement to get a warrant before using a drone for surveillance unless there are exigent circumstances (e.g., a prisoner escapes custody).

In just the last few weeks, the Missouri, and Wisconsin legislatures passed similar bills that are now awaiting signature by their respective governors. Governor Gary Herbert just signed Utah's bill into law last Tuesday. Legislatures in most of the 50 states have considered bills that would require a warrant, but they have fallen short like the bills here in Wyoming.

This past session, as Wyoming's bill was discussed in the House Judiciary Committee, law enforcement testified that Fourth Amendment doctrine discussing the use of aircraft by law enforcement is settled. This is convenient half-truth, because law enforcement may use manned aerial surveillance for just about any reason without a warrant (with Supreme Court cases ruling we have no reasonable expectation of privacy in our yards). Drones, however, are a different matter, especially as they become cheaper, smaller and more autonomous. Furthermore, Wyoming and every other state may make law that is more protective of privacy as it pertains to drones (and even manned planes, if we so elected). This will be the key focus of any legislation the Judiciary Committee considers, and hopefully a committee bill will emerge that will add Wyoming to the list of states with sensible regulation before Robocop knocks on our door.