EPIC, Coalition Urge Congress to Include Privacy and Civil Liberties Protections In Any Future Counter-Drone Authority Legislation

EPIC, the Center for Democracy & Technology, Electronic Frontier Foundation, and the American Civil Liberties Union submitted a joint statement ahead of today’s Senate Hearing “Defending Against Drones: Setting Safeguards for Counter Unmanned Aircraft Systems Authorities.”

While the government has legitimate security needs for counter-unmanned aircraft systems (C-UAS) authorities, the power must also come with appropriate safeguards to protect privacy and civil liberties. Drones are increasingly used by journalists, activists, and citizens and their activities must be protected from the government using new authorities to undermine Constitutionally-protected activities. Our joint statement recommends the following essential legislative priorities to ensure transparency, oversight, and accountability for the use of C-UAS authorities:

1. Safeguard First Amendment-protecting activities, particularly for journalists and activists performing investigations for government accountability and public demonstrations;
2. Require annual public reporting on C-UAS deployments, including instances where constitutionally-protected activities were disrupted;
3. Establish reasonable due process and redress mechanisms against drone seizures;
4. Mandate least-invasive mitigation methods, starting with operator notification;
5. Preserve the current 180-day limit on data retention as drone innovations capture increasingly sensitive information; and
6. Maintain sunset provisions for C-UAS authorities to reevaluate the authority as drones and counter-drone technologies evolve.

EPIC and other civil society groups have previously opposed giving the government overbroad authority to counter drones. EPIC has argued that not only do new counter drone authorities require appropriate limits and oversight, but that Congress must also address the risk of drone surveillance and implement drone privacy safeguards. The dual threats of government overreach and drone privacy intrusions require immediate Congressional action to safeguard privacy and civil liberties. 

Read our full statement here and watch today’s hearing here.