“The Domestic Proliferation of Drones and their Challenges to American Democratic Values, Civil Liberties, Local Law Enforcement and National Security” by Kapok Tree Diplomacy
Background
In today’s continuous national security state that blurs the lines between war and peace and civilian and military operations, the question becomes whether America must deliberately violate its values to protect its citizens? John O. Brennan, Assistant to President Obama for Homeland Security and Counterterrorism, declared that America’s values and national security “reinforce one another” and rejected the “false choice” between the nation’s security and its traditional values.[1] Jay Stanley and Catherine Crump from the ACLU counter that drones threaten U.S. citizens’ fourth amendment protections against unreasonable search and seizure without a warrant and probable cause.[2] This paper will assess whether the end justifies the means.
This essay will attempt to navigate the ethical tradeoffs between using domestic drones that can look inside private homes with thermal heat sensors and tap into cell phone and text conversations with all the good that drones can do in helping local law enforcement.[3] With the Federal Aviation Administration (FAA) issuing over 300 Certificates of Authorizations (COAs) since 2006 to entities like local law enforcement agencies and the DOD for permission to fly UAVs, the debate over their potential misuse has only just begun.[4]
{Complete essay contains 4,138 words; 14 double-spaced pages; 30 references}
The posts, views and opinions expressed in this paper are completely my own and do not represent the views or opinions of the Department of Defense (DoD), the Department of the Navy (DON) or any of the Armed Forces.
Table of Contents
I. Background
II. Unmanned Aerial Vehicles (UAVs) and Drone Capabilities
A. Military Capabilities and Usage
B. Domestic Capabilities and Usage
III. Analysis – Domestic Drones
A. Pros and Cons of Using Domestic Drones for Law Enforcement
B. Pros and Cons of Using Domestic Drones for Border Surveillance
C. American Values: Privacy and Civil Liberties Concerns
D. International Law Concerns
IV. Analysis – The Coming Drone Armageddon
V. Conclusions and Recommendations
Works Cited in Introduction
[1] Brennan, John O. “Remarks of John O. Brennan, “Strengthening our Security by Adhering to our Values and Laws.” Program on Law and Security, Harvard Law School. http://www.whitehouse.gov/the-press-office/2011/09/16/remarks-john-o-brennan-strengthening-our-security-adhering-our-values-an (accessed April 29, 2012).
[2] Stanley, Jay and Catherine Crump. Protecting Privacy from Aerial Surveillance: Recommendations for Government use of Drone Aircraft. American Civil Liberties Union, December 2011, 14. https://www.aclu.org/files/assets/protectingprivacyfromaerialsurveillance.pdf (accessed April 29, 2012).
[3] Finn, Peter, “Domestic use of Aerial Drones by Law Enforcement Likely to Prompt Privacy Debate,” The Washington Post, January 23, 2011 (accessed April 29, 2012).
[4] Lynch, Jennifer. “FAA Releases Lists of Drone Certificates—Many Questions Left Unanswered.” Electronic Frontier Foundation. https://www.eff.org/deeplinks/2012/04/faa-releases-its-list-drone-certificates-leaves-many-questions-unanswered (accessed April 29, 2012).
