Jennifer Lynch of EFF writes:
Today, EFF filed suit against the Federal Aviation Administration seeking information on drone flights in the United States. The FAA is the sole entity within the federal government capable of authorizing domestic drone flights, and for too long now, it has failed to release specific and detailed information on who is authorized to fly drones within US borders.
Many drones, by virtue of their design, their size, and how high they can fly, can operate undetected in urban and rural environments, allowing the government to spy on Americans without their knowledge. And even if Americans knew they were being spied on, it’s unclear what laws would protect against this. As Ryan Calo, the ACLU (pdf) and many others have noted, Supreme Court case law has not been friendly to privacy in the public sphere, or even to privacy in areas like your backyard or corporate facilities that are off-limits to the public but can be viewed from above. The Supreme Court has also held that the Fourth Amendment’s protections from unreasonable searches and seizures may not apply when it’s not a human that is doing the searching. None of these cases bodes well for any future review of the privacy implications of drone surveillance.
Read more on EFF.