VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 1
Voyeurism from 40,000 Feet: The Ethical Dangers of the New America
Michael P. Mancino
HenleyPutnam University
Ethics of Security and Counterterrorism
PHIL400.5A
S.Grier
December 28, 2013
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Voyeurism from 40,000 Feet: The Ethical Dangers of the New America
Introduction: The Need for Intelligence in a Modern World
Since the end of the Cold War, intelligence agencies such as the CIA have struggled to
justify their existence. With the shift in focus from Cold War state actors such as the Soviet
Union to smaller, transnational criminal and terrorist organizations the likes of Al Qaeda, the
need for intelligence remains paramount. The mission of agencies such as the CIA remains to
preempt threats and further US national security objectives by collecting intelligence that
matters, producing objective allsource analysis, conducting effective covert action as directed
by the President, and safeguarding the secrets that help keep our Nation safe.
In execution of its mission, agencies collect information on foreign persons, places,
events and activities that are not normally available through public sources. In our increasingly
modern world, collection must range from human intelligence, electronic intelligence and signals
intelligence and interception. As technology evolves, so too do the threats against a nation.
Operations that once took massive human resources and coordination and long time frames to
effectively execute can now be coordinated world wide webwith increasing anonymity and fewer
resources. Once limited to well developed areas, electronic devices are now able to connect to
networks while sitting isolated, literally hundreds of miles away from main infrastructure.
Nations must adapt to these increases in technological ease with their own advances in
electronic surveillance and data collection. Modern supercomputers, programmed to identify
keywords and phrases, are able to intercept and interpret previously unheard of amounts of data.
Known as metadata, these computers can extract and pinpoint information of interest and
disseminate it through the proper channels with little to no human intervention.
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Supercomputers do have their limitations. In remote areas where enemies may lurk,
computers cannot penetrate. Previously, agencies relied on human intelligence collectors; agents
who would physically penetrate an organization’s ranks or exploit their members for
information. While this practice is still vital and necessary, technology is beginning to bridge the
gap.
Unmanned aerial vehicles, while existing for quite some time, are now becoming smaller,
more efficient and more effective at gathering intelligence in places that human agents cannot or
will not go and where computers have no reach. Currently, the US Military and other
government agencies are using drones to great effect in modern conflict both as weapons
delivery and surveillance platforms. One main limitation of current drone technology, however,
is their size.
A new generation of drones is emerging. Known as micro drones and nano drones, this
leap in technology is allowing companies such as Aerovironment to produce smaller, lighter and
more efficient platforms for both air and land operations. Parallel advances in consumer
technology such as cameras and microphones are allowing these once recreational items to be
designed specifically for information gathering. Of specific interest to the intelligence
community, experimental micro and nano drones are now being experimented with that take on
the design and characteristics of commonly observed animals and insects.
With these advances come ethical and legal concerns. The United States currently does
not have a policy for use of these types of drones in combat or intelligence gathering, especially
for domestic use. What types of issues will arise as this technology becomes cheaper, more
efficient, broadly produced and not easily distinguished for what it is?
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The need for intelligence to combat the future enemies of the United States is paramount,
the cost of which must be weighed against our ideals as a nation. Americans place freedom,
independence and privacy above all else. We must debate, analyze and decide what role future
technology will play in our future. We must determine how much, if any, freedom and privacy
we are willing to sacrifice for the safety of our nation.
Ethics in Modern Espionage
Espionage, by its very nature, is a business of deceit. Where, then, do ethics and morality
come into play? From the origins of society this question has been at the forefront of debate in
how far a people are willing to go in pursuit of a state’s interest. Lying, deceit, theft, torture and
invasions of privacy are all potential elements of espionage. From the Christian Bible to the
Greeks, Romans and now in modern times, these elements are hotly debated. Most recently in
the United States the argument has centered on intrusive information gathering by intelligence
agencies and the potential use of drones for domestic operations.
Proponents of invasive intelligence gathering argue that the modern age is seeing a record
plunge of ethical and moral behavior. Terrorists are ever willing to engage in operations
exploiting civilians and nonmilitary targets in order to cause maximum carnage. Governments
around the world are using atrocious weapons such as nerve gas on their own people. We must,
they argue, set aside some of our moral righteousness and engage them from a like position.
Opponents of invasive intelligence argue that in order to maintain our sovereignty as a moral
nation such practices must not be engaged in. Doing so will damage our reputation, our
principals and expose our people to ever increasing risk. By maintaining our moral standards we
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uphold ourselves as an example for the nations of the world to emulate. Damaging that
reputation will cause us further harm in the future and limit our power and persuasive ability
with allies and enemies alike.
A normal person’s resistance to engaging in immoral behavior, to include taking the life of
another human being, has long been a source of ethical debate in warfare. Some are concerned
that with the advance in robotic weapons, human beings are being removed from that element of
warfare. Many have expressed concerns that the removal of a weapon’s operator allows for an
easier decision to take another’s life in the course of their duties. The fear is that killing will
become too like a video game and the decision to kill will be as easy as pulling the trigger on a
controller while playing a first person shooter.
From a service perspective, intelligence operations must operate in a framework of
ethics and morality for the fact that any action taken is done in the public’s name and is normally
not permitted for the public at large. Operatives may be permitted to infringe on a person’s civil
liberties, lie, deceive and even attempt to interfere in the internal affairs of a foreign nation. By
establishing a framework of ethics, just war tradition provides important analogies. Ethical
norms and extensive oversight are essential both because intelligence serves as an extension of
the coercive power of the state and from an understanding that intelligence agencies cannot
exempt themselves from the limitations placed on other public institutions.(Nolte, 2009)
History of Espionage and Drone Development
Espionage and its practice date back to biblical times, such as in Numbers 13:2533.
Espionage and spying as we know it today, specifically electronic surveillance, date back to the
invention of the telegraph and the American civil war(CIACivil War History p. 33). In the first
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known example of electronic eavesdropping, Union forces intercepted information transmitted
via telegraph cables. By physically attaching cables to telegraph lines, one was able to intercept
signals. This practice became known as wiretapping and remains a term widely used today.
Though used in warfare until the late 20th century, autonomous aircraft, or drones, date
back as far as World War II. During the War, US Army Air Forces under the command of Gen.
H.H. Arnold converted worn B17’s and B24’s into pilotless platforms. Known as “Weary
Willies” these aircraft were laden with explosives and were intended to fly into enemy
strongholds and inflict maximum damage (Ehrhard, 2010, p. 2). In a 1944 staff memo, in what is
strikingly similar to modern justification for drone warfare, Arnold remarked “If you can get
mechanical machines to do this, you are saving lives at the outset.”(Ehrhard, 2010)
The use of drones was further foreshadowed in 1956 when Maj. Gen. David Baker
addressed a meeting of industrial leaders stating “We can readily see that, except for certain
kinds of missions, the manned combat aircraft will become technically obsolete in the
future.”(Ehrhard, 2010, p. 4) At the time, he was not specifically referring to UAV’s as we know
them today, but rather to the introduction of intercontinental ballistic cruise missiles as a
replacement for deep penetration bombers. Modern iterations of the Unmanned Air Vehicle,
commonly thought of when speaking of military operations, would partly evolve out of an Air
Force program which used autonomous, jet driven drones, as targets for manned combat aircraft.
It isn’t quite clear when the government began substantial
development and fielding of UAVs as a reconnaissance tool, but from declassified information, it
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is now known that the National Reconnaissance Office, or NRO, began significant development
as far back as the 1960’s. Because of limitations in technology and necessity for aircraft to cover
enormous distances during the Cold War period, much of the budget for such programs was kept
secret. It is likely that if such an equivalent program were undertaken today it would not receive
the support required.
During development through the Cold War, the first repurposed Ryan Q2C Firebee
target drone was proposed to Col. Hal Wood by a contractor. Not knowing much about the
drones, Col. Wood was put in touch with the drone’s manufacturer, Ryan Aeronautical. By
midApril 1960 a proposal for a strategic reconnaissance drone project was presented to the air
staff and would be named Red Wagon (Ehrhard, 2010, p. 6). Ultimately, Red Wagon and many
other subsequent programs were cancelled.
Out of the ashes of programs like Red Wagon came Fire Fly. During the Cuban Missile
Crisis in 1962, two Firefly drones were tasked to overfly Cuba from their base in Florida in order
to gather photo reconnaissance of Soviet SAM sites. Ironically, the mission was cancelled at the
last moment because the powers at be did not want to reveal their ‘secret weapon’ to the Soviets.
Then Air Force Colonel Lloyd Ryan later confirmed that the Air Force had intended to use the
secret aircraft over the Soviet Union itself and did not want to reveal their existence to the
Soviets prematurely. Soon after, the Fire Fly program was compromised and renamed Lightning
Bug.
Unlike FireFly, Lightning Bug did see operational use. On Aug. 20, 1964 Lightning Bug
reconnaissance drones were reflagged as Nationalist Chinese and used in overflight of Chinese
territories in order to determine nuclear capabilities of Communist China. In what was
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potentially a major breakthrough for drone operations, Lightning Bug was plagued with
problems from the offset and resulted in minimally useful intelligence. Lightning Bug would go
on to complete over 160 missions between 1965 and 1966.
Though the Lightning Bug enjoyed some success, it was illsuited for
the deep penetrations into China’s inner territories. In response, Lockheed Martin, the designer
of the venerable SR71 Blackbird, designed one of the most radical drones to date. Designated
the D21, the drone resembled a miniature version of the Blackbird. Unlike other unmanned
aircraft at the time, the D21 could fly close to Mach 4 and over 100,000 feet in the air. The
aircraft was outfitted with a ramjet engine which would only function at speeds above Mach 2.
As such, the original design called for it to be launched from the back of the Blackbird once
speed was attained. (Ehrhard, 2010, p. 10)
Though the design was revolutionary, the technical challenges of launching such a vehicle
resulted in disaster. During one launch the D21 left its carrier atop the Blackbird at nearly Mach
3 and lost stability. It subsequently rolled, obliterating the right wing, rudder and engine nacelle.
The accident resulted in the death of the Blackbird’s backseater who drowned in the ocean
awaiting rescue. The program was initially cancelled but reinitiated in 1966. The new D21B was
redesigned for launch from the wing of a modified B52 bomber. The D21B was eventually
scrapped having completed zero successful missions.
Following the successes and failures of the D21 and its variants, the NRO and its associates
in the Air Force and other agencies, attempted several ambitious programs. By the end of the
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Cold War no usable UAV platform had emerged as a viable alternative despite the equivalent of
billions of dollars of research investment. With the dissolution of the Soviet Union and the end
of the Cold War, reconnaissance programs ranging from those the likes of the SR71 and UAVs
faced another hurdle: justification for their continued existence.
In the beginning of the Clinton administration’s bottomup review of military programs in
1993, Defense Acquisition Chief John Deutch coined the Tier system. Under this system, UAVs
were designated depending on their capability and operational altitude and longevity. David
Kier, NRO Deputy Director from 19972001 made the case that a tier 3 system (high altitude
operations and extended loitering capability) ought to be developed as a warfighter support asset.
Unlike other reconnaissance platforms, this new system would be solepurposed as a military
asset to provide for improved situational awareness. Kier used the logic that “you don’t need
another SR71 because the SR71 was like a satellite; it did not have any loiter time...you need a
dwell collector that’s responsive to the theater commander.” Though many hurdles had to be
overcome, the program promised an autonomous air vehicle which could loiter on station for
extended periods of time.
In part due to political and budget pressure, the Tier 3 proposal was split into two parts. The
first part, known as Tier 2+ resulted in the creation of the Global Hawk which is subsequently in
service with the military today. The other side of the coin was known as Tier 3. This program
resulted in the development of the RQ3 Darkstar (Ehrhard, 2010, p. 18). The Darkstar was
intended to fit the requirements of an autonomous, high endurance reconnaissance platform but
was scrapped due to its inefficiency, aerial instability and budget costs.
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These programs ushered in the modern age of the military UAV. Much of the design history of
the Ryan Aero. Fire Fly can be seen in modern iterations such as the Global Hawk. These aircraft
have become synonymous with military operations in the public eye, however there is another,
lesser known category of UAV that has a much humbler beginning and a potentially larger long
term impact on society.
Unlike its military cousin, technological breakthroughs in radio control led to a boom
in recreational and sport pilotless aircraft. Upon opening a shop on Hollywood Boulevard in
1934, Reginald Denny pioneered the first mass produced radio controlled aircraft. Though
Denny marketed his airplane kit in 1937 for $25 dollars, including engine, he was also able to
procure contracts with the US Army to supply these recreational planes as purpose built target
drones (AMA, 2002).
There are multiple different types of aircraft and to detail the technological design and
breakthrough of even a small fraction would take up too much space. What is clear is that
throughout the decades, modeling has become a worldwide hobby. With efficiency
breakthroughs of batteries, internal combustion engines, and even miniature jet turbines, RC
aircraft have become a common fixture. Design improvements over the years have led to both
scaled down versions of real aircraft as well as cheap, affordable toys that can be readily
obtained at any shopping mall.
In recent years camera technology has improved so drastically that it is now cheap and
affordable to place high definition cameras on just about anything. This has never been as clear
as in the world of radio controlled aircraft. Though the government has been experimenting with
and using cameras on spy aircraft and drones for quite some time, the technology has been
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mostly costprohibitive to the hobbyist. Since the technological leaps of recent decades have seen
previously unheard of advances in digital photography, small cameras have become a staple for
small, pilotless aircraft. These camera laden drones have been used for everything from
moviemaking to wildlife management and without a doubt could be used for private spying.
Examples of Surveillance Abuse
Such as surveillance provides a crucial benefit to a nation’s national security and military
operations, so too can it lead to ethically ambiguous practices and abuse. The United States is not
without its share of examples. Since its use beginning in the civil war, the potential for wiretap
abuse has been shown time and again.
The government of the United States has provided a measure of protection for citizen’s
civil rights such as the Fourth Amendment to the US Constitution which guarantees a person’s
right to privacy and protection from unreasonable search and seizure. Throughout the years both
Congress and the Supreme Court of the United States have passed numerous laws and weighed
in on many cases involving a person’s right to privacy.
One such case which could potentially pertain to surveillance possible with drones comes
about in the case of Katz v The United States, 1967. In this case the Court ruled that “wherever a
man may be, he is entitled to know that he will remain free from unreasonable searches and
seizures…” Though this case was specifically about unlawful wiretaps of one using a pay
telephone, the argument suggests that a man must be protected against unwarranted intrusions
wherever he may be.
In one of the most famous examples of surveillance misuse in United States history,
President Richard Nixon authorized illegal wiretapping of 17 individuals in order to influence
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campaign outcomes during the 1972 presidential elections. During the same decade the Church
Committee outlines multiple abuses of intelligence resources to include illegal surveillance on
antiwar and civil rights leaders to include Martin Luther King Jr., labor union leaders, student
groups, newsmen and former White House staffers and US Congressmen. As a result of these
hearings Congress passed the Foreign Intelligence Surveillance Act of 1978 (Markels, 2005).
Ultimately this law is meant to reign in abuse of the wiretap system and established a court to
oversee such uses.
Examples abound, however what is argued to be one of the most severe blows to civil
liberties to date, President George W Bush authorized warrantless wiretapping throughout the
US in 2002 (Department of Justice Website, n.d.). Under the authorization, the National Security
Agency is able to monitor communications of US citizens, as well as foreign citizens, under the
mere suspicion or accusation of terrorist activity (Markels, 2005). Arguably due to the precedent
set by these orders, information regarding a massive data collection program by the NSA has
recently been uncovered.
Generally referred to as the ‘NSA Scandal’, a US contractor revealed details of a
collection program designed to gather mass amounts of electronic data, regardless of suspicion,
to be used to search for suspicious activity. Under the umbrella of the scandal programs known
as PRISM, TEMPORA and Project Shamrock were revealed (Lutticke, 2013). Known as
metadata collection, these programs have come under attack for their violations of civil rights
and revealed that in addition to the US, multiple allies including Britain, Australia, Canada,
Denmark, France, Germany and many others have taken part in global surveillance and metadata
collection (Wikipedia, 2013).
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Misuse involving drones is a hotly debated topic. Issues of domestic drone use have been
vaulted to the forefront of the American psyche. As technology and availability improves debate
rages in the halls of government as to whether or not drones can be used on American soil to spy
on or assassinate American citizens. To date there is only one case which involves the use of a
predator drone on an American. This drone assisted in the apprehension of a North Dakota
farmer (Dvorak, 2012)
The farmer was accused of stealing several cows belonging to his neighbor. As police
attempted to resolve the situation, a standoff quickly developed. Due to the expansive property
and the fact that the suspect and family were allegedly antigovernment and heavily armed, the
local authorities requested the assistance of a Department of Homeland Security drone being
used for border surveillance. The drone was subsequently retasked and assisted in surveilling the
property, ultimately ending in the peaceful resolution of the incident.
This operation marks the first use of a federally owned UAV during a law enforcement
operation to apprehend an American citizen. The arrested parties in the case challenged the
charges claiming that the aircraft was designed for military use and is not currently authorized
for use against American citizens on US soil. As of August 2012, the district court of North
Dakota has upheld the charges and stated that the use of the drone did not constitute a misuse of
the technology and had no bearing on the actual charges (Koebler, 2012).
Although surveillance involving drones is rather new to the public, the previous examples
of surveillance abuse raise concerns that this technology will be similarly abused. Currently the
US does not have a legal framework for the use of drones domestically, whether for intelligence
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or commercial purpose, however the Federal Aviation Administration has been tasked with
creating a framework for the future of UAVs in American skies.
Current Usage of Drones
Interest in unmanned air vehicles and pilotless aircraft has existed for about as long as aircraft
themselves. It hasn’t been until modern times that drones have become synonymous with modern
warfare. The Predator drone has captured headlines time and time again in the Global War on
Terror but it is in other emerging arenas which will bring controversy and strife.
In order to examine potential problem areas, an examination of their current use and, later,
emerging technologies, is warranted. In addition to their prolific use during the GWOT, drones
have been successfully utilized for operations involving counter narcotics operation, search and
rescue, immigration enforcement, and are even being experimented on in the private sector for
commercial package delivery.
Perhaps one of the fastest growing markets for drone use is in counterdrug operations. In
El Salvador US authorities have been working side by side with local forces to conduct
surveillance and operations against drug runners attempting to move their product through
Central America and Mexico. Using a somewhat newer Israeli sourced UAV known as the
Heron, a medium altitude long endurance platform (Israeli Weapons LTD, n.d.), the units were
able to loiter over their prospective targets for up to twenty hours at a time. Equipped with high
resolution video the drone was able to track fast boats and provide up to the minute intelligence
which was later utilized for interception (Padgett, 2009).
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The above is but a small example of the potential UAVs have at making
an impact on the drug war. Other Latin American countries such as Brazil and Ecuador have
reached agreements with Israeli Aerospace Industries to supply Heron drones and other
platforms in their ongoing internal conflicts. IAI also has offices in Colombia and Chile, along
with several other drone manufacturers, and is expected to increase sales to those countries as
well.
In the Caribbean, US forces use a combination of platforms in an attempt to track
smuggling boats and submarines. One system in use is less of a drone, in the traditional sense,
and more closely resembles a dirigible. Called an Aerostat, or JLENS, this blimp like device is
tethered to a ship or other fixed position and floats up to 10,000 feet in the air to provide radar
capabilities or high resolution video over a broad range (Raytheon Corporation, n.d.). Used in
conjunction with the Aerostat is the Puma drone (Aerovironment Inc, n.d.). The Puma is a small,
hand launched system which resembles a medium sized RC plane commonly found in hobby
shops across the United States. The similarities end there, however, as the Puma utilizes
sophisticated technology such as electrooptical and infrared cameras, stabilized mounting
allowing it to track targets steadily at many angles, and adaptable payload mounts to secure
aftermarket electronics and sensor devices. Used in conjunction, counterdrug forces have been
successful at locating ships over significant ranges and then flying closeby in order to collect
visual data.
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Located at Ft Huachuca in southern Arizona and Libby
Army Airfield Sierra Vista, also, in Arizona, US Customs and Border Protection members
operate drones along the US border regions for a variety reasons to include detection of drug
smuggling activities, human trafficking and potential threats to national security (Robbins,
2013). To date the USCBP operates the most recent MQ9B Predator drone (Customs and
Border Protection, n.d.).
To proponents of domestic drone use, this technology acts as a force multiplier for long
range border security operations which currently operate out of Arizona, North Dakota, Florida,
and Texas (Customs and Border Protection MQ9 Predator B, n.d.). Border patrol has claimed
these drones have had a major impact in their areas of operations, however opponents of the
technology are skeptical that, at $18 million apiece and over $3,000 per hour, drones are a cost
effective alternative (Robbins, 2013). Furthermore, many civil rights activists are concerned over
the potential for misuse and abuse the technology allows, which will be covered later.
Thus far the outlined uses for drones have involved federal and military customers. Recently the
debate over the domestic use of drones across the United States was sparked over concerns of
President Barack Obama’s and Attorney General Holder’s affirmation that drone strikes to kill
American citizens on US soil are ‘hypothetically legal’(Reilly, 2013). Amongst the obvious
concerns of such a topic, many have begun to focus on the potential use of drones in domestic
law enforcement operations.
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Drones for law enforcement have not become a common fixture as of yet but there have
been reported cases, usually involving the lending of a federal drone to other agencies. A new
list, reported on in September, 2013, outlines over 500 instances of drone loans to assist other
agencies. Among the federal customers, several state and local authorities to include Texas
Department of Public Safety, Arizona DPS, Minnesota Drug Task Force, Minnesota Department
of Natural Resources, Minnesota Bureau of Criminal Investigation, North Dakota Bureau of
Investigation, ND Narcotics Task Force, Grand Forks MI SWAT, and several anonymous county
sheriff’s offices were recipients of such loans. The document released by the CBP, unfortunately,
did not detail how the equipment was used (Electronic Frontier Foundation, n.d.).
Other potential uses for law enforcement drones come
on the heels of new types of aircraft. A design that has become famous for hobbyists has the
potential to be a serious game changer for public uses of drones. Known as a quadrotor, or
quadcopter, the design can be as small as the palm of a hand or have a “wingspan” as large as
several feet. These craft are noted for their four helicopter like blades set at equal intervals.
Coupled with intelligent and increasingly cheap sensor systems and advanced computer
software, these craft are exceptionally stable, quiet and efficient.
Interest by the law enforcement community spans the gamut from traffic investigations,
search and rescue, crowd management and monitoring and tactical operations. Because of their
lightweight and low price, they represent an enormous cost saving over military type UAVs.
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The main concern with this technology is, obviously, its potential for abuse. For less than
two hundred dollars one can purchase a craft with a high definition camera and cellular phone
control and fly at altitudes in excess of 100 feet. Some models are programmable to fly a
designated flight path and train their camera on specific targets. With technology this affordable
and efficient, many are concerned that it will be widely used to surveil individuals and targets
with abandon.
The American Civil Liberties Union has expressed concern that such ease of technology
will lead to blanket surveillance of private property which would otherwise not be possible. They
outline several measure that ought to be in place as these machines are proliferated. For instance,
they maintain that use of these craft be restricted to use by law enforcement “only with a warrant,
in an emergency, or when there are specific and articulable grounds to believe that the drone will
collect evidence relating to a specific criminal act.” As far as data retention the ACLU suggests
that “Images should be retained only when there is reasonable suspicion that they contain
evidence of a crime or are relevant to an ongoing investigation or trial.” ("Domestic Drones,").
Furthermore, fear exists that these drones could be weaponized with tasers, gas dispersal units
and rubber bullets (Stanton, 2011).
To get a more inside look at how some law enforcement professionals view the idea of
drones, several questions were posed to law enforcement professionals across the country.
Initially, a surprising number of supervisors and higher ranking officials in Delaware, New
Mexico and Pennsylvania would not even entertain the question of whether or not drones should
be used for law enforcement operations and what type of concerns they would have if they were
adopted. However, on condition of anonymity, a Captain in the Delaware State Police
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commented that in his professional opinion, the majority of law enforcement agencies around the
country would not resort to the use of drones for surveillance operations because “There are just
way too many civil liberty concerns.”
Child crimes Detective Sean Reavie of the Phoenix, AZ Police Department volunteered to
answer several questions via email. The question was asked whether or not he believed drones
should be implemented in law enforcement operations. His answer was very direct:
“We are not military. We use special manned aircraft for this type of work. Drones need
to be used for military purposes only by those specialty trained to operate them for
purposes of protecting this country.”
The next question was in regards to if drones were approved for law enforcement, what
type of restrictions should be placed on their use? For example, should they be allowed to be
used in general surveillance and patrol such as flying them through a neighborhood and looking
into windows for potential crimes? He again replied that people have a definite expectation of
privacy in their homes and any invasion of which must be met with strong probable cause and
must extend to aircraft.
Detective Reavie also reiterated that “If they are the targets of a major criminal
investigation then things can go from there. But simply deploying the technology to fish can
never be allowed to happen. This is where officers get into trouble. We have the technology to
see into the lives of everyone we meet. Many officers have lost their jobs, pension, and
reputation by using these tools for selfgain. It cannot be allowed. Does it happen? Yes. Do those
officers need to be held accountable? Yes.”
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Emerging Technologies
In order to more thoroughly examine what potential ethical concerns we will deal with in
the future, it is essential to know where the technology is going and what capabilities it will
develop. Since the digital revolution that arguably began with cell phones and personal cameras,
recording devices have become exponentially more sophisticated, affordable, smaller and cost
effective. It is now common to find cameras embedded into everything from cellular phones,
sunglasses and even clothing buttons that dwarf the capabilities of devices less than a decade
ago.
For example, a quick search on www.amazon.com reveals that a wireless surveillance
camera system the size of a quarter capable of HD playback can be had for roughly $35 dollars.
Radio controlled devices ranging from small helicopters made for indoor flying to large scale
reproductions of aircraft made with actual miniature jet turbines are now easily equipped with
high fidelity cameras and wireless transmitters.
Battery efficiency has also improved exponentially compared to a decade or so ago. As
many people can attest, a cellular phone with astounding capability and a slim battery can now
perform anywhere from 8 to 24 hours on a single charge compared to a wireless device a decade
ago with a fraction of the computational power. These improvements translate to an
improvement in the capability of drone aircraft of all kinds while simultaneously reducing their
cost.
The drone world has been yielding some fascinating advances in recent years. To outline
every operational drone and all the new advancements would take a research paper of its own,
but the following will outline several technologies which will undoubtedly raise concern
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amongst citizens and lawmakers alike. These new robotics are not only limited to flying
machines but also land based autonomous systems and even hybrid roboticorganic creations.
Flying Nano Drones
Aerovironment (http://www.avinc.com/), a company that has designed
drones for DARPA, has completed trials on a new system this year. Called the
NanoHummingbird, this device flies without conventional thrust and control surfaces and is
equipped with miniature cameras. Modeled after its namesake, it is able to gain flight by
mimicking the flapping of a hummingbird’s wings. As such, it is able to achieve flight in nearly
any direction, indoors and out. Because of its size it is well suited for reconnaissance missions in
urban environments where it would be able to blend in well with landscaping and fly through
windows and other small opening such as air vents ("Hummingbird," 2011).
Also in the class of aerial nanodrones is the Dragonfly. As its
name suggests, this small helicopter platform is no larger than a dragonfly. Produced by
Norwegian based Prox Dynamics, this device has already seen use by British armed forces in the
Afghan theater. Soldiers are able to program the device to fly a predetermined route and capture
video, or can control it via a tabletlike computer which shows them video in real time. This
device is primarily a daytime platform as it is too tiny to equip with a night vision camera,
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 22
however because it is so small it is reputed to be completely silent at distances greater than 30
feet (Liszewski, 2013).
Quadcopters and other multirotor craft are platforms that have seen some
notoriety in the last couple of years. They have appeared in video games like Call of Duty: Black
Ops as a weaponized platform, have been used experimentally by search and rescue personnel
and are widely marketed by multiple companies as a hobby toy ranging from $20 to well over
$1k dollars. The next evolution of this device is underway and will see significant advances in
battery life, control and camera quality. One open source project aims to add proximity sensors
to the devices so that they can detect when they are about to hit an object and selfadjust their
flight pattern accordingly (Adafruit Industries, n.d.).
In what will undoubtedly become the most contentious piece of new
equipment in the coming drone era is a device that flies, looks and operates like a common
insect. Currently in the stages of research is the Mosquito drone. This machine is small enough to
land on the tip of one’s finger and is said to be equipped with microsized cameras. What makes
this device so unsettling is the characteristic of the mosquito itself. It is allegedly equipped with a
small hypodermic needle in its nose that is capable of extracting a DNA sample from its target or
insert a miniaturized tracking chip. If fielded, this device could usher in a new era of clandestine
tracking and activity never before seen. It could lend the users the ability to build a database on
anyone, practically everywhere, without them even knowing ("Mosquito Drone," 2012).
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 23
Land Based and Hybrid Systems
Land based drones are fairly new in the world of robotics, though they’ve been fantasized
about and researched for a very long time. There is several designs currently in use throughout
the military and are basically ruggedized radio controlled vehicles. Some are used with robotic
arms to disarm explosives and others are equipped with machine guns for direct warfare. The
technology in development now will definitely be contentious in the years to come.
Developed out of UC Berkley, the appropriately named Roachbot
mimics the design of a common cockroach. It runs on six legs and even has the capability to
maneuver on upside down surfaces just like a real cockroach (Ackerman, 2012). This device is
still in the development phase and is several times larger than an actual cockroach, but its
potential is obvious. If fielded it could provide real time video surveillance in the most cramped
environments, in complete silence. Its ability to adhere to almost any surface means that it could
hide itself almost anywhere, such as the underside of a lampshade in a target’s office.
http://www.youtube.com/watch?v=GcbvukuvTps
Taking microrobotics to unheard of levels, DARPA currently has a
research program in which they are experimenting with radio control over actual, living insects.
Known as Hybrid Insect MicroElectroMechanical System, or HIMEMS for short, researchers
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 24
have been experimenting with the implantation of electronic circuitry and electrostimulators
inside the body of an insect such as a cockroach or moth. They’re goal is to be able to send weak
electronic pulses into the muscles of such insects to effectively steer them. Original designs show
cockroaches which look as if they’re carrying roachpacks on their backs, but newer systems will
be embedded in the body itself (Thompson, 2008). Paranoia about the potential use for these
devices suggests that not only could they be used as a near invisible spying platform, but they
would also be utilized en masse to deliver chemical and biological weapons (Turse n.d.).
All of the above devices share a common thread: their size, stealth and ease of use lends a
potential for abuse. They can be utilized to spy on people in nearly any environment. Many fear
that if devices like these are authorized for use on US soil their privacy and fourth amendment
rights will be at risk. Confidence in intelligence gathering agencies is at a serious low since the
revelation of metadata collection and eavesdropping on Americans without consent or approval
from a court. What is to stop an organization, or even a private individual, from utilizing one of
these devices without authorization to peer into the very annals of someone’s sanctuary or to
extract their genetic code?
In his article about the coming drone revolution, author John Whitehead said it best.
“Those looking to the skies in search of Predator drones will be in for a surprise, however,
because when the drones finally descend en masse on America, they will not be the massive
aerial assault vehicles favored by the Obama administration in their overseas war efforts. Rather,
the drones coming to a neighborhood near you will be small, some nano in size, capable of flying
through city streets and buildings almost undetected, while hovering over cityscapes and public
events for long periods of time, providing a means of 24/7 surveillance.” (Whitehead, 2013)
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 25
Moral and Ethical Concerns Regarding Drones
Technology alone is not a source of moral concern. After all, regardless of how advanced
or autonomous, all technology must first be guided by the intent of its user. There has been much
debate about what role drones will play in our future as a society and how many limitations
should be placed on them. Proponents argue that they will lend us an unparallelled advantage
over our enemies while opponents question who the ‘enemies’ are. Moreover, there is significant
debate regarding the human factor in drone use. Does pressing a button and causing the death of
another human being from half a world away make it easier for someone to justify their action or
harder because they have time and safety to contemplate the morality of what they’ve just done?
Opponents maintain that the ease of use with drones is its downfall. Like the shepherd
Gyges (Plato: The Ring of Gyges, n.d.) who was given great power to be used with ease, drones
represent a moral pitfall: Does the power to kill, or spy, with relative efficiency justify its use? It
was the technological advantage provided by Gyges’ ring which justified its use and so, too, may
be the case with drones.
Drones limit the human cost of war; at least from the user’s perspective. By using a drone we are able to assure that there are less troops involved in the execution or surveillance of a target and therefore we can mitigate casualties. However, philosophers guard against this concept with factvalue distinction. Statements of fact should not be confused with statements of value. They would argue that simply because we can attack a given target does not necessarily mean that we ought to attack said target.
When asked by Peter Singer whether or not the use of drones as a weapon violate the
1973 War Powers act, President Obama stated that it does not, simply because it does not
“involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof.” (Kaag &
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 26
Kreps, 2012) Such a comment seems to imply that the President believes exactly the opposite of
philosophers, that is that ease and safety do in fact justify their use.
As far as warfare and strike ability is concerned, some argue that drones should be
mandatory. Bradley J Strawser, a former Air Force officer and assistant professor of philosophy
at the Naval Postgraduate School, maintains that due to their advantages in identifying targets
and ability to conduct precision strikes, their use is morally obligatory. As he put it “all the
evidence we have so far suggests that drones do better at both identifying the terrorist and
avoiding collateral damage than anything else we have.” Because drone operators are able to
view targets for extended periods of time, their ability to properly identify targets is significantly
better than ground troops who may have mere moments (Shane, 2012).
But, as previously mentioned, there is concern that the ease in which one can effect the
death of another human being will ultimately lower the threshold for lethal action. Evidence
suggests that this may not be the case. Modern drone operators have reported significant
emotional distress. Unlike ground troops, drone operators track their targets for extended periods
of time and learn their daily routine. They become familiar with the person and when given the
order to execute may experience severe emotional trauma.
As Brandon Bryant, a former drone operator, stated, watching the horror of death real
time has left him a broken man. He, like many others, has reported a severe case of
posttraumatic stress disorder (Power, 2013). Though it may sound contradictory, it is arguably a
good thing that these people feel emotional strain. This hardship speaks to the value that human
beings put on another’s life and the difficulty associated in contributing to its demise. In his
landmark work, On Killing, Col. Dave Grossman, Ret. outlined that man has an ingrained
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 27
aversion to killing another human being (Grossman, 2009). Evidence of PTSD and other
emotional problems amongst drone operators suggests this aversion is not wholly diminished
when killing from a distance.
In addition to ethical concerns and emotional distress caused by combat drones in distant
theaters, the burgeoning use of domestic drones and the potential for their wider implementation
in the next several years has sparked a renewed controversy in the United States. Chief amongst
these issues is the possible civil rights ramifications associated with stealthy and nigh
undetectable platforms.
As early as 2011, the American Civil Liberties Union released a report outlining several
concerns regarding ethical use of domestic drones and potential violations of civil rights (Stanley
& Krump, 2011). They’ve stated that a current lack of legal safeguards and regulation poses a
looming threat to privacy in America. They claim that ‘mission creep’, or use of one method
outside of its original purpose, will lead to wider violations of civil rights (Stanley & Krump,
2011, p. 11). For example, the Ogden Utah Police suggested retasking a blimp to act as a
widespread surveillance platform because it will be a “deterrent to crime while it’s out and
about.” Similarly, police in Houston, Texas have suggested using small drones for traffic
enforcement.
Currently, most cities and municipalities have laws in place to allow law enforcement to
act on a violation which they’ve witnessed. Known as ‘plain sight’, this rule is commonly used to
gain access to an area otherwise off limits without probable cause, such as the inside of a car. For
example, if an officer pulls over a vehicle, or is driving along a street, and sees a crime or
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 28
violation in progress they then have the right to intervene. How do drones come into play with
such a legal framework?
Although the Supreme Court has yet to rule on warrantless surveillance specifically by
drones, there are several examples of case law that could justify their use. The decision in the
1986 case California V Ciraolo maintained the legality of prosecution incident to evidence
obtained by over flight surveillance because “any member of the public flying in this airspace
who glanced down could have seen everything these officers observed.” (476 U.S. 207, May 19
1986) This ruling falls squarely into the plain sight doctrine as does another case involving
surveillance from over flight. In Florida V Riley an officer in a plane observed marijuana
through open slats in a greenhouse roof. The court affirmed the legality since the defendant left
the panels off and the interior was open to view by anyone flying through the airspace (Florida V
Riley , January 23 1989).
These cases would seem to support, at least on their surface, the use of drones in routine
patrol, however, in Dow Chemical Co. V The United States Dow claimed the Environmental
Protection Agency violated its rights when it used a precision mapping camera to take
photographs of its facility from aloft. The Supreme Court affirmed the legality because the
photographer used a “conventional, albeit precise, commercial camera commonly used in
mapmaking.” (Dow Chemical V The United States, January 23 2006) The court did suggest that
the use of highly sophisticated surveillance equipment not in general use by the public could be a
violation.
If police begin to use drones in routine patrol operations, would plain sight still apply? If
a drone can see into someone’s property and witness a crime or violation that an ordinary man
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 29
would be unable to see, is there now probable cause to act? Questions such as these will become
pivotal in the debate for domestic use of drones, especially in law enforcement. As Detective
Reavie put it, “people have an expectation of privacy in their homes and that must extend to
aircraft…simply deploying technology to fish cannot be allowed to happen.”
As drones become more pervasive we are sure to see more interesting case law coming
from the courts of the United States. The precedents set in the Dow case may or may not apply to
drones. One side will argue that drones such as quadrotors equipped with high definition cameras
can be easily had by a hobbyist and therefore are ‘in common use’. The other could argue that
specific law enforcement platforms are much more sophisticated and purpose built and therefore
do not meet the requirements for common usage.
Furthermore, the Justice Department has claimed the authority to monitor American’s
movements via GPS without first obtaining a warrant (Stanley & Krump, 2011, p. 11). Advances
in UAV technology and software would allow a significant expansion of such tracking.
In addition to abuse in an official capacity, there exists the potential for individual abuse
by those in public service. Det. Reavie also acknowledged that “We have the technology to see
into the lives of everyone we meet. Many officers have lost their jobs, pension, and reputation by
using these tools for selfgain. It cannot be allowed. Does it happen? Yes. Do those officers need
to be held accountable? Yes.”
In 2004 the New York Police Department was accused of violating the privacy rights of a
couple making love on a rooftop balcony. Officers operating a police helicopter filmed the
couple for several minutes using night vision technology. It was argued that because it was night
time and they were out of plain view by others, they had a legitimate expectation of privacy. The
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 30
NYPD denied the allegations and stated that “this is what police in helicopters are supposed to
do, check out people to make sure no one is doing anything illegal.” (Stanley & Krump, 2011, p.
12), (Jacobs, 2006) Under that argument, the NYPD could potentially use small drones to peer
into a person’s home from an angle which would be impossible for any other platform, such as
an apartment several stories off the ground.
Another concern outlined by the ACLU had to do with discrimination. Machines are not,
in and of themselves, biased. The operators bring that bias with them. Research in Britain has
shown that surveillance operators were approximately one and a half times more likely to focus
on people of color ("ACLU," 2002). It is likely that racial or class profiling will extend to the use
of unmanned surveillance systems as well.
There have been several attempts by private organizations to curtail privacy violations by
UAVs before they occur. In 2012 the Electronic Privacy Information Center (EPIC) submitted
comments to the FAA urging them to adopt basic privacy standards for drone operators
(Electronic Privacy Information Center [EPIC], 2013). EPIC and over 100 other privacy
organizations petitioned the FAA to address these privacy concerns during the integration
process citing that drones greatly increase the capacity for domestic surveillance (EPIC.org,
2012).
The ACLU has also provided several recommendations regarding drones. within their
recommendations they’ve stated that “UAVs should be subject to strict regulation to ensure that
their use does not eviscerate the privacy that Americans have traditionally enjoyed and expect.
Innocent Americans should not have to worry that their activities will be scrutinized by drones.”
They state that drones should be restricted from deployment unless there are articulable grounds
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 31
to believe that the drone will collect evidence relating to a specific offense or there is a
geographically confined, time limited emergency where the use of the drone can have a positive
effect (Stanley & Krump, 2011, p. 16).
These are but a few suggestions put forth by EPIC and the ACLU and should, and likely
will, serve as a primer for future laws regarding drone use. But what happens when a system
becomes compromised?
Forbes magazine reported in July of 2011 two men who produced a drone capable of
hacking and intercepting wireless signals (Greenberg, 2011). Known as a WASP (Wireless
Aerial Surveillance Platform), the drone was made from a retired military target drone and fitted
with a suite of electronic surveillance accessories. It is equipped with an HD camera and a linux
based operating system containing software capable of intercepting wireless data transmissions,
hacking private networks and even cracking passwords, all while flying above the target (Sakr,
2011).
As if that wasn’t enough, an upgraded version reportedly has the capability of spoofing
cell phones on TMobile AT&T’s networks into thinking the drone itself is a cellular tower and
subsequently reroute its data and not even drop a call. The two creators maintain that they
created the drone, not as a tool for espionage, but to demonstrate the vulnerabilities of
government and commercial facilities to a “nimble, eavesdropping machine.”
Almost as if itself a prophecy, the WASP drone arguably led the way for drones as a
platform for wireless communications. Aviation companies such as Boeing are proposing to
equip drones with software which will act as mobile cell phone towers. Though they may
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 32
represent a major breakthrough in wireless technology, especially in disaster areas or battlefields,
the next example will reiterate the dangers of drones used for nefarious activities.
On December 3, 2013 Ars Technica, a respected technology magazine, published an
article profiling the release of a software by hacker Samy Kamkar. This software allows an
equipped drone to hijack the wireless signals of other UAVs, turning them into ‘zombie drones’.
Known as SkyJack the soequipped device will seek out and turn other drones over to the
attackers control. The software involved runs on a linux based operating system and can even be
used from a ground based system on drones that are within a given range.
Currently, the hack is restricted to a specific model, the Parrot AR Drone, but it is almost
inevitable that the program will be expanded. At the time of the magazine’s publication, there
have been more than a half a million Parrot drones sold on the commercial market (Goodin,
2013). The implications of such a software is obvious. There is virtually nothing to stop a
determined hacker from commandeering more advanced or even dangerous devices from the
controls of a government entity and using it for their own benefit.
Summary
It is likely that in the near future the debate for drones will take on many different forms.
From a legal perspective there is a long and bumpy road ahead. UAVs have the potential to give
law enforcement, national security and corporate interests a distinct advantage over their
competition and may offer an easy, cost effective tool. From warrantless surveillance to NSA
metadata collection, Americans have shown they are weary of government overstep and abuse of
power. Drones will be no different. As their adoption becomes more widespread it is inevitable
that some abuses and misuses will occur and will rightly spark many debates and legal decisions.
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 33
A moral and legal framework must be put into place to reflect the ideals of American
society. Privacy must be respected and be considered paramount. Domestic use of drones by
federal intelligence agencies such as the CIA and NSA should face the same restrictions, and
more, as current intelligence gathering methods. To avoid legal and ethical battles UAVs should
only be used when a clear cause is articulated and no other option is available.
The United States must strive to adopt more stringent policies on the use of drones
abroad whether for direct warfare or clandestine activities. There is potential for significant
backlash from the international community regarding the ease at which we may use these devices
to affect our foreign policy. If we wish to be taken seriously as a human rights leader it must be
with great care that we implement these game changing devices.
It is clear that drones are here to stay. Their technology has allowed servicemen to escape
harm’s way and suspected terrorists to be taken down. Whether or not they fit into a specific
moral framework is yet to be decided, but it is clear that their use will be a point of contention
for some time to come.
VOYEURISM FROM 40,000 FEET: THE ETHICAL DANGERS OF 34
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