Colorado lawmakers are moving to build a regulatory framework around the use of unmanned aerial vehicles, more commonly known as “drones,” and it makes sense to do so.
At least two bills have been drafted, each focusing mainly on protecting privacy — which is one of the public’s major (and legitimate) concerns with a technology that promises to be a boon to government, business and hobbyists.
Sen. Linda Newell, D-Littleton, is the main sponsor of which would create rules for when and how public agencies could use drones over private property to collect information.
The bill is still being worked on, but the general premise is sound — the government can use drones over private property only with a search warrant; when there is high risk of a terrorist attack; or to prevent imminent harm, forestall the escape of a criminal suspect or prevent destruction of evidence.
The Mesa County Sheriff’s Office has effectively used drones for years, and Newell said the proposed rules are based on that agency’s protocol.
The rules, Newell said, are meant to protect privacy and the Fourth Amendment’s guarantee against unreasonable searches. One possible concern: The current version of the bill requires law enforcement agencies to destroy most information gathered by drones within 14 days, which seems too restrictive.
The bill also takes a stab at rules regarding nongovernmental use of drones, but they appear mostly duplicative of existing federal rules and may be superfluous.
Meanwhile, Rep. Polly Lawrence, R-Douglas County, is sponsoring House Bill 1115, which addresses privacy in the use of drones outside government. She’d prohibit the use of a drone to “track” someone in a public place with the intent to “harass, annoy or alarm” that person.
This definition needs careful scrutiny to make sure that it wouldn’t prohibit the legitimate use of drones to film or photograph public events or public figures. People can be “annoyed” by almost anything. And just because someone doesn’t want to be photographed in public doesn’t mean it should be illegal.
Lawrence is obviously aware of the tremendous potential for unmanned aerial vehicles — in fact, the bill touts their “incalculable potential” for “public agencies, private companies and individuals” in its legislative declaration. It’s important to establish guardrails around privacy, but also essential that Colorado not cripple the rollout of one of the most intriguing technologies of the day.
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