Tanzi introduces bill establishing clear
guidelines on drone use by law enforcement
STATE HOUSE – Rep. Teresa Tanzi has reintroduced her
legislation to regulate the use of aerial drones by Rhode Island
law-enforcement agencies.
“Law enforcement agencies in other parts of the country
are already using drone technology, and it’s only a matter of time before many
agencies in Rhode Island are, too. We ought to establish the ground rules
proactively, because without limits, we’re leaving the door open to the potential
for serious invasions of privacy,” said Representative Tanzi (D-Dist. 34, South
Kingstown, Narragansett).
Last year Representative Tanzi agreed to be surveilled
in her home and backyard by an inexpensive drone purchased by the Providence
Journal as part of a story on the easy availability of the technology and its
use. The tiny craft captured high-resolution video of her all over her house
through her windows, and inside her hedged and fenced private yard. She told
the paper the experience resonated with her, affecting the feeling of privacy
she’d previously felt in her home.
As is the case currently for wiretapping a phone, each individual use
of a drone by a law-enforcement agency for investigation of criminal or civil
matters or for any intelligence-gathering purpose would require the involvement
of the attorney general’s office, which would have to get approval from
Superior Court on the agency’s behalf.
To get that approval, the agency would have to detail
exactly who is the target and why, as well as where and when the drone is to be
used. The agency would also be required to say whether other investigative
methods have been attempted and failed or why they reasonably appear to be
unlikely to succeed if tried, or why they might be too dangerous. A contingency
would be available for emergencies to assist someone if his or her life or
safety is in danger.
Eight other states have enacted similar restrictions in
the last year alone.
“This bill is strictly modeled on existing framework
used in wiretap surveillance, so law enforcement is already very familiar with
this process,” said Representative Tanzi.
“Drones have very serious potential
for invasive, overreaching use. When it comes to using tiny, unmanned, nearly
undetectable robots to watch people when they have the presumption of privacy,
we ought to be very, very selective. I’m sure there are cases when the public
would absolutely benefit from their use, for example, capturing a dangerous
criminal or search and rescue. But their potential for abuse and violation of
citizens’ rights is great, so we should place reasonable limits on their use.”
She introduced the legislation Jan. 23. It has been
referred to the House Judiciary Committee.
