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Editorial: Police Searches Using Drone Aircraft Should Require Warrants

While no law will be perfect or address all concerns involving drone use, the quicker solid laws are put into place the easier it will be to tweak those laws to protect privacy.

(TNS) --  State lawmakers are wise to continue to push to limit government and police use of drone aircraft.

The Legislature is now looking at plans to require government agencies to obtain warrants before using unmanned aircraft to conduct surveillance on individuals.

One of the proposals has been pitched by Rep. David Taylor, R-Moxee. He also sponsored a plan last year that made it through the Legislature but was vetoed by Gov. Jay Inslee.

Taylor said he brought up the issue again because he is concerned about protecting people’s privacy.

“I don’t believe we want to grant blanket mass surveillance approval to anybody,” he said.

If Taylor gets his way, search warrants would be required to use drones to record or photograph someone as part of an investigation, or to collect data about their private property or personal vehicle. Exceptions would be made in situations such as raging wildfires or police chases.

Such a plan sounds reasonable.

However, it must be made clear that if information is collected normally be open to the public it must remain available for disclosure under the state’s Public Records Act.

Of course, investigative files and surveillance photos, not now-public record would retain that status.

Action is needed sooner rather than later on this matter

Doug Honig, spokesman for the American Civil Liberties Union of Washington, said drone technology is evolving rapidly.

“They’re getting smaller, quicker and more mobile, so it’s possible you may not even be aware you’re under surveillance,” Honig said. “There needs to be a protection of privacy, and protections to make sure drones are not used for general surveillance on individuals when there’s no evidence they’ve ever done anything wrong.”

Drone technology has been improving rapidly while the price of drones has been coming down. It’s no different from what has happened with microwave ovens and the various video and CD players released over the years. Drones are becoming more common and the federal government has already shown it isn’t interested in staying ahead of the technology.

The Federal Aviation Administration’s policy allows drones to be used only for recreation when flown below 400 feet. Who is going to regulate that?

It has to be left to the states to make it clear that drones can’t be used for peeping into people’s homes by governments, police or the public.

As we’ve noted in the past, no law will be perfect nor can it address all concerns.

But the quicker solid laws are in place the easier it will be to tweak those laws to protect our privacy.

©2015 Walla Walla Union-Bulletin (Walla Walla, Wash.)