May 14, 2013. Spartanburg Herald. Security and privacy are not a zero-sum game. We welcome our state legislators’ efforts to provide oversight on the use of unmanned surveillance vehicles (UAVs), commonly called drones, by law enforcement agencies. House Bill 3514 would put in place a system of rules to allow for the benefits of drone technology without bringing us closer to a “surveillance society,” in which everyone’s movements are monitored, tracked, recorded and scrutinized by authorities.

The bill would allow law enforcement to use drones only when a court has agreed that there are grounds to collect evidence relating to a specific instance of criminal wrongdoing, or in emergencies. Requiring a neutral arbiter to sign off on drone use assures the public that this new technology will be used consistently with our values.

H. 3514 also requires local government approval before law enforcement agencies acquire drones. This ensures that communities have the opportunity to take advantage of drones’ positive capabilities — like finding missing hikers or fighting forest fires — and that law enforcement uses drones with citizens’ buy-in and support.

South Carolina could still join in cutting edge drone research and development because H. 3514 would exempt public universities from the warrant requirement. It also contains reporting requirements so legislators can evaluate how the law works in practice, identify abuses and update the law down the line should modifications become necessary.

Use of surveillance tools should respect the balance between our core values of security and privacy. In the case of a serious crime, where there is probable cause and police are searching for suspects, surveillance tools could be appropriately deployed. Allowing permanent warrantless surveillance of the mass of citizens who are law-abiding is another matter. We should not watch people just in case they do something wrong.

We hope the legislature will pass House Bill 3514.

Victoria Middleton
Executive director, ACLU of South Carolina