Aerial Photography Privacy

Dorsey Plunk NRCS NGMC

Aerial Photography Issues June 14, 2012

Suddenly a hot topic. The Hill wants to know where we

use it and for what purpose.

Iowa Compliance Review

Aerial photography contracted through APFO for random status reviews.

Ephemeral gullies No, review completed in officeYes, full field review

Iowa Highly Erodible Lands (HEL) Sites

Love, Orlan. June 12, 2012.Conservation officials using aerial photography to monitor farmers.The Gazette.http://thegazette.com/2012/06/12/conservation-officials-using-aerial-photography-to-monitor-farmers/

Dugan, Joe. June 4, 2012. EPA defends aerial surveillance.World-Herald Bureau.

http://www.omaha.com/article/20120604/NEWS01/706049932

Smith, Ian. June 20, 2012.Congresswoman Capito Introduces Legislation to Ban EPAs AerialSurveillance. FedSmith.com.

http://www.fedsmith.com/article/3474/congresswoman-capito-introduces-

legislation-ban-epas.html.

Supreme Court Cases 1946 United States v. Causby

Justice William O. Douglas announced: "We have said that the airspace is a public highway.

Craig, Brian. Online Satellite and Aerial Images: Issues and Analysis. North Dakota Law Review [online]. Vol. 83:547, pages 559-560. http://zxc10.law.und.nodak.edu/LawReview/issues/web_assets/pdf/83/83-2/83NDLR547.pdf

Supreme Court Cases California v. Ciraolo

Warrantless aerial observation of a persons backyard does not violate the Fourth Amendment to the United States Constitution. http://en.wikipedia.org/wiki/California_v._Ciraolo

This has been interpreted to mean anything capable of being viewed from a public space is considered outside the realm of privacy in the United States, aerial photography may legally document features and occurrences on private property. http://en.wikipedia.org/wiki/Aerial_photography

Supreme Court Cases

DOW CHEMICAL CO. v. UNITED STATES Use of aerial observations and photography is within EPAs

statutory authority. EPAs taking, without a warrant, of aerial photographs of

petitioners plant complex from an aircraft lawfully in public navigable airspace was not a search protected by the Fourth Amendment.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=476&invol=227

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