WyLiberty Publishes Brief Discussing Law Enforcement Drone Use

CHEYENNE – The Wyoming Liberty Group published its latest Liberty Brief today, "Downing the Drones? Limiting Law Enforcement Use of Unmanned Aerial Surveillance in Wyoming." The brief, authored by WyLiberty staff attorney Steve Klein, discusses current protections against drone surveillance and suggest reforms that the Wyoming Legislature may adopt into state law.

"Drone technology continues to develop, and the Federal Aviation Administration is very slowly adopting regulations governing drone use," said Klein. "However, federal and state law enforcement agencies are already using drones, and Wyoming should have guidelines in place to prevent unnecessary surveillance and invasions of privacy when—not if—state and local police agencies adopt the technology."

The brief discusses current protections from surveillance under the Fourth Amendment to the United States Constitution, additional protections ratified into law in ten other states, and the Drone Protection Act that is currently being considered by the Joint Judiciary Committee of the Wyoming Legislature.

"The Drone Protection Act is a great start," said Klein. "It would require law enforcement to usually get a warrant before using a drone and implement some important data retention provisions. However, it could go a lot farther and prohibit weaponization and offer civil remedies to victims of illegal drone use."

The Joint Judiciary Committee will meet Thursday, September 11 and Friday, September 12 in Laramie, its last meeting before the 2015 Legislative Session begins in January.

"I hope the committee votes to sponsor the Drone Protection Act as a 'committee bill,' which will increase its chances of becoming law," said Klein. "However, whether or not that happens this brief is a useful guide to anyone concerned about drone use by law enforcement and ways to ensure the technology is a benefit and not a hazard to society."