California Governor Vetoes Bill Requiring Warrants For Drone Surveillance
schwit1 sends word that California governor Jerry Brown has vetoed legislation that would have required warrants for surveillance using unmanned drones. In his veto message (PDF), Brown said, "This bill prohibits law enforcement from using a drone without obtaining a search warrant, except in limited circumstances. There are undoubtedly circumstances where a warrant is appropriate. The bill's exceptions, however, appear to be too narrow and could impose requirements beyond what is required by either the 4th Amendment or the privacy provisions in the California Constitution."
The article notes that 10 other states already require a warrant for routine surveillance with a drone (Florida, Idaho, Illinois, Indiana, Iowa, Montana, Oregon, Tennessee, Utah, and Wisconsin). Further, Brown's claims about the bill's exceptions are overstated — according to Slate, "California's drone bill is not draconian. It includes exceptions for emergency situations, search-and-rescue efforts, traffic first responders, and inspection of wildfires. It allows other public agencies to use drones for other purposes — just not law enforcement."
The article notes that 10 other states already require a warrant for routine surveillance with a drone (Florida, Idaho, Illinois, Indiana, Iowa, Montana, Oregon, Tennessee, Utah, and Wisconsin). Further, Brown's claims about the bill's exceptions are overstated — according to Slate, "California's drone bill is not draconian. It includes exceptions for emergency situations, search-and-rescue efforts, traffic first responders, and inspection of wildfires. It allows other public agencies to use drones for other purposes — just not law enforcement."
Probably the sticking point was:
A public agency that uses an unmanned aircraft system, or contracts for the use of an unmanned aircraft system, pursuant to this title shall first provide reasonable notice to the public. Reasonable notice shall, at a minimum, consist of a one-time announcement regarding the agency’s intent to deploy unmanned aircraft system technology and a description of the technology’s capabilities.
There's also some reasonable limitations on data captured by drones (can't be kept long) and a requirement to log who requests drone missions. If only there was some federal body that could come up with some reasonable standard for all states...