WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

“We are being watched.”

So stated Representative Roger Goodman, Chair of the Public Safety Committee on the House floor this week.

Goodman was speaking in favor of HB 2789, regulating the use of drones. “We are being watched, and we know it,” he said. “There are cameras affixed to buildings, streets, parking lots. We don’t have a complete expectation of privacy. But we are also being watched and we don’t know it – by extraordinary sensing devices. They are game-changing technology.”

Extraordinary Sensing Devices (ESDs), also called unmanned aerial aircrafts or drones, are doing everything these days – from taking down targets in the war in Afghanistan, to getting in the eye or a tornado, to finding missing persons. Amazon has even said they will roll out a plan to delivery to its customers with drones.

Technology has advanced so rapidly over the last several years that federal and state law has not yet caught up with it. Currently, there is no federal legislation enacted regulating the use of ESDs. And, as of last year only 13 states had enacted legislation defining and regulating ESDs. There is a tricky balance to maintain between ensuring both public safety and privacy protection. You can see a current snapshot of legislation regulating drones here.

This new technology is opening many doors. No one argues with that. The opposing arguments lie in the idea that ESDs may not just be opening doors, but looking in windows, too. Both the US and Washington state constitutions guarantee a right to privacy. No one wants businesses, the government, or law enforcement using drones to conduct warrantless searches and suspicionless fishing expeditions. But, at the same time, law enforcement and the military are charged with ensuring public safety. They must have the tools they need to do their job.

Unauthorized surveillance is an interesting issue because it often joins very liberal and very conservative politicians – as demonstrated in the sponsors of Washington’s HB 2789. Current state law doesn’t address drones at all. This bill new bill requires state and local agencies to obtain explicit approval from the agency’s governing body before procuring a drone. Police will only be able to use ESDs in criminal investigations by obtaining a warrant. But, there are exceptions to preserve public safety, including imminent threats to life, natural disasters, military training and emergency response.

This week HB 2789 passed the House 85-15. It will move on to the Senate for consideration.