Push to step up domestic use of drones
http://www.sfgate.com/nation/article/Push-to-step-up-domestic-use-of-dro
nes-4064482.php

Washington -- Are unmanned aircraft, known to have difficulty avoiding
collisions, safe to use in America's crowded airspace? And would their
widespread use for surveillance result in unconstitutional invasions of
privacy?

Experts say neither question has been answered satisfactorily. Yet the
federal government is rushing to open America's skies to tens of
thousands of the drones - pushed to do so by a law championed by
manufacturers of the unmanned aircraft.

The drone makers have sought congressional help to speed their entry
into a domestic market valued in the billions. The 60-member House of
Representatives' "drone caucus" - officially, the House Unmanned Systems
Caucus - has helped push that agenda. And over the past four years,
caucus members have drawn nearly $8 million in drone-related campaign
contributions, an investigation by Hearst Newspapers and the Center for
Responsive Politics shows.

Flood of applications
The Federal Aviation Administration has been flooded with applications
from police departments, universities, private corporations and even the
celebrity gossip site TMZ, all seeking to use drones that range from
devices the size of a hummingbird to full-size aircraft like those used
by the U.S. military to target al Qaeda operatives in Pakistan and
elsewhere. 

Domestic use of drones began with limited aerial patrols of the nation's
borders by Customs and Border Patrol authorities. But the industry and
its allies pushed for more, leading to passage of the FAA Modernization
and Reform Act, signed into law Feb. 14. The law requires the FAA to
fully integrate the unmanned aerial vehicles, or UAVs, into national
airspace by September 2015. 

"These timelines are very aggressive," said Heidi Williams, a vice
president of the Aircraft Owners and Pilots Association, one of the
stakeholders taking part in a working group put together by the FAA to
help develop a regulatory plan. "These issues are very complex, and we
have a long way to go."

Many potential uses for unmanned aircraft, which are cheaper to operate
than piloted planes or helicopters, have been identified. Among them:
monitoring pipelines and power lines, finding lost hikers, surveying
crops, and assessing environmental threats and damage from natural
disasters. The FAA has predicted that 30,000 drones could be flying in
the United States in less than 20 years, sharing space with commercial,
military and general aviation. 

Major safety issue
An FAA official, who spoke on background, said "one of the main safety
issues" with drones is lack of ability to "sense and avoid other
aircraft."

A September report by the Government Accountability Office identified
the same concern: "Obstacles include the inability ... to sense and
avoid other airborne objects in a manner similar to manned aircraft."

In addition, the GAO report said, "Concerns about national security,
privacy and interference with Global Positioning System signals have not
been resolved."

FAA Administrator Michael Huerta told a conference on drones earlier
this year in Las Vegas that the agency is making progress working
through the issues. FAA is working with "collision avoidance experts"
from the Defense Department, NASA and private firms to determine what
standards and requirements should be set.

Who gets the money
House members from California, Texas, Virginia and New York on the
bipartisan "drone caucus" received the lion's share of the funds
channeled to lawmakers from dozens of firms that are members of the
Association for Unmanned Vehicle Systems International, Hearst and CRP
found.

Eleven "drone caucus" lawmakers from California, where many aviation
firms are located, received more than $2.4 million from manufacturers
during the 2012 and 2010 election cycles, according to CRP tabulation of
Federal Election Commission reports.


Eight Texas House members in the caucus received more than $746,000. And
five caucus members from New York got more than $400,000 from companies
connected to the business of unmanned vehicles. Rep. Henry Cuellar,
D-Texas, said drone manufacturers contribute just as other interest
groups do.

"We get contributions from media PACs, from teachers, from doctors and
from a whole lot of companies that produce drones," Cuellar said.

The House "drone caucus" was established three years ago. Senate
lawmakers followed suit this fall.

Sen. Joe Manchin, D-W.Va., co-chairman of the fledgling Senate "drone
caucus," said the caucus would help frame future legislation because the
use of drones "carries great potential - and great risk."

Purpose of 'drone caucus'
Cuellar also said the purpose of the House caucus is to educate other
members on the need for and uses of drones for public safety, border
enforcement, search-and-rescue and commercial uses. The global market
for drones is expected to double in the next decade, from $6.6 billion
to $11.4 billion, and could top $2.4 billion in the United States alone,
said Philip Finnegan, director of corporate analysis with the Teal
Group, an independent research group that studies the industry.

Growth in UAS technology and operations is encouraged by the Association
for Unmanned Vehicle Systems International, or AUVSI, which represents
drone and systems manufacturers.

AUVSI firms have been far more generous to Republicans than Democrats
when it comes to campaign donations. According to CRP analysis, GOP
drone caucus members received 74 percent of the group's donations.

In the House, the top recipient was Rep. Buck McKeon, R-Santa Clarita
(Los Angeles County), chairman of the House Armed Services Committee. He
received $833,650 in drone-related campaign contributions.

McKeon and Cuellar are co-chairmen of the caucus.

Other California Republicans - Reps. Darrell Issa, R-Vista (San Diego
County); Jerry Lewis, R-Redlands (San Bernardino County); Duncan Hunter,
R-Alpine (San Diego County); and Ken Calvert, R-Corona (Riverside
County) - each received more than $200,000 from drone firms.

CRP's analysis also showed that companies with drone aircraft currently
used by the military, but with potential civilian applications, were
among the largest donors to caucus members.

The largest donors
Those firms include BAE Systems, which makes the Mantis and Taranis
drones; Boeing Co., maker of the hydrogen-fueled Phantom Eye; Honeywell
International, RQ-16 T-Hawk; Lockheed Martin, RQ-170 Sentinel; Raytheon
Co., Cobra; and General Atomics, Predator.

Some lawmakers remain skeptical. Along with civil rights advocates, they
worry about government eavesdropping, surveillance photography and other
potential privacy violations.

"The drones are coming," Rep. Ted Poe, R-Texas, shouted from the House
floor as he warned of encroachment by government into the rights of
citizens.

A North Dakota court upheld the arrest of a Lakota, N.D., farmer by a
police SWAT team using information from a Customs and Border Protection
Predator drone over the U.S.-Canadian border.

The June 2011 incident began when several cows found their way to Rodney
Bossart's 3,000-acre farm. He claimed ownership of the wayward bovines
and allegedly brandished firearms at law enforcement officials.

During the ensuing standoff, a SWAT team received surveillance
information from Customs and Border Protection, gathered from a
high-flying Predator drone. That information was used to locate and
arrest the farmer.

The Bossart case was apparently the first use of national security
surveillance to aid the arrest of a U.S. citizen on nonterror-related
charges. More such cases should be expected, said Jay Stanley, a senior
policy analyst with the American Civil Liberties Union.

"Based on current trends, technology development, law enforcement
interest, political and industry pressure, and the lack of legal
safeguards - it is clear that drones pose a looming threat to Americans'
privacy," Stanley said.

The Fourth Amendment governs when, where and how the government can
gather information on an individual, including whether officials need a
search warrant before acting. Courts have given the greatest protection
to people when they're in the privacy of their homes. For instance, in a
2001 Supreme Court case, the justices nixed the Interior Department's
use of thermal imaging to detect heat patterns coming from the home of
someone suspected of growing marijuana indoors using lamps, saying it
was an illegal search and required a warrant.

Reining in drone use
Outside a home's walls, though, privacy rights decrease. Courts blessed
an arrest after a flyover by police revealed marijuana growing in
someone's back yard.

Rep. Ed Markey, D-Mass., and Sen. Rand Paul, R-Tenn., have crafted
legislation to put a tight rein on drone use.

Privacy advocates note that not just the police, but individuals and
commercial enterprises will be using the devices. TMZ's application for
a permit is an illustration. Paparazzi are already using small drones on
the Riviera to shoot photos of celebrities in otherwise hard-to-access
areas. TMZ "does not have a permit" yet, FAA officials said last week.

Texas' Poe has offered another bill, which would ban private citizens
from using drones to spy on other citizens and strictly limit law
enforcement use of drones. "The Constitution limits eavesdropping,
snooping and spying on American citizens," Poe said.

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