Abstract

http://ssrn.com/abstract=2183743
 


 



Drones and Privacy Governance


Gregory S. McNeal


Pepperdine University School of Law; Pepperdine University - School of Public Policy

December 1, 2012


Abstract:     
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.

Keywords: drones, unmanned systems, privacy, privacy governance, civil liberties, legislation, FAA, fourth amendment, constitutional rights, technology

working papers series


Not Available For Download

Date posted: December 2, 2012  

Suggested Citation

McNeal, Gregory S., Drones and Privacy Governance (December 1, 2012). Available at SSRN: http://ssrn.com/abstract=2183743

Contact Information

Gregory S. McNeal (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
Pepperdine University - School of Public Policy ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
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