Civil rights advocates warn that the use of police drones is “set to explode” in the coming year, as law enforcement benefits from the spread of the technology, leaving public regulation and transparency efforts at risk of being woefully behind.
“A world in which robotic police cameras are constantly clipping our skies is one the likes of which we have never seen before,” Jay Stanley, senior policy analyst for the American Civil Liberties Union, wrote in a report. Released Thursday. “However, there are strong reasons to believe that such a world may come sooner than most people realise.”
At least 1,400 police departments across the country use drones in some way, but only 15 have received exemptions from the FAA to fly their drones beyond operators’ visual line of sight, or BVLOS. This means that the vast majority of departments are still limited in the types of calls they can answer using drones.
That’s about to change, experts say, as law enforcement agencies eagerly embrace new drone programs and many seek exemptions from the Federal Aviation Administration. The airline agency is also expected to soon adopt new rules that would grant permission for BVLOS flights to anyone who meets the agency’s criteria.
“You’ve had police use drones on the rise before,” said Matt Sloan, CEO of Skyfire, which provides equipment, training and software to police and fire agencies to set up drone programs. “Now it has all come together in this perfect storm as it soon becomes completely legal to operate out of sight.”
Sloan, whose company has worked with about 800 police and fire departments, said the changes have prompted more departments to start their own drone programs, including using drones as first responders to emergency calls.
Privacy and civil rights advocates are concerned about the proliferation of law enforcement drones and how they are used. Many police departments are keen to publicize the new technology, but few share specific information with the public about how, when and why drones are being used, according to an ACLU report.
“The widespread use of drones by police would be a major change, with both predictable and unexpected repercussions,” the report said. “It’s important that we don’t sleepwalk in a world of large-scale aerial surveillance, that communities think very carefully about whether they want drone surveillance, and if they decide to allow some operations, put up barriers to prevent those operations from expanding.”
According to police departments, drones can keep officers, civilians, and even suspects safer by using high-resolution cameras to provide police with video and information to answer a call before they arrive at the scene. The drone can help confirm a suspect’s whereabouts or whether the armed suspect might just be someone carrying something else, police say.
The Los Angeles Police Department made drones a permanent part of its arsenal in 2019 after a year-long trial that drew criticism and concerns from citizens and activists. Other local agencies, including the Los Angeles County Sheriff’s Department, Burbank Police Department, and Beverly Hills Police Department, have also purchased drones with high-resolution cameras.
Although most departments first purchased drones to deploy for specific calls, experts say law enforcement agencies are becoming more comfortable with using drones as their first response, or DFR.
“US police departments are beginning to argue that they should be allowed to fly drones widely across cities and towns for purposes such as emergency response, but they are already being used on a much larger scale than many realize,” the ACLU report reads. “It is likely to be used more widely.”
Chula Vista became the first city to use drones as first responders in 2019, with help from Skyfire.
Officials and advocates, including the ACLU, have pointed to Chula Vista as a model program; The city released specific information about when the drones would be deployed, reducing response times to calls to less than two minutes.
Drones could be a “force multiplier,” Sloan said, helping police departments that may be understaffed.
But many other departments haven’t been as open as Chula Vista in disclosing drone information; Some have moved to announce that the video recorded from the drones will not be released publicly. Stanley, of the ACLU, also warns of what’s known as “mission creep” as departments expand the use of drones beyond the emergency responses for which they were first planned.
Of the more than 14,000 drone flights reported by Chula Vista, some have responded to calls about household conflicts, loud music, water leaks, and in one case, someone “bounces a ball on a garage.”
Most departments that have reached out to Skyfire have adopted policies to assure the public that drones will not violate privacy or civil rights, Sloan said. Not only do the agencies want to avoid potential lawsuits, he said, but the departments appear to be acutely aware of the newness of the technology and concerned that violations could translate into restrictions.
“We’ve always been of the opinion that this should only be for 911 responses,” Sloan said. “I don’t think anyone in the industry is comfortable with drones flying over our heads 24/7. It feels a bit like a big brother to me.”
But some departments have moved to push the use of drones.
In Beverly Hills, police recently expanded the drone program and said they have used drones not only to first respond to police calls but also on routine patrols of the city.
The use of drones while on patrol also raises concerns about the use of surveillance devices by law enforcement agencies, especially during activities protected by the First Amendment such as protests.
In Chicago legislators recently Bill passed Law enforcement is allowed to use drones during events such as parades and festivals, but prohibits their use during protests.
In the past, Stanley noted, police departments have used aerial surveillance, such as helicopters, more widely in low-income communities and neighborhoods of people of color.
“Drones are also likely to be deployed first and foremost in low-income communities — although they could easily become more widespread and permanent than police helicopters, which are more expensive and therefore subject to natural limits,” the ACLU report reads.
Sloan said that while concerns have been raised about police use of drones, other agencies such as fire departments have encountered much less resistance.
“The concern here is privacy, not drones,” he said. “The concern, and what people want to know, is why are you using this?”
In its report, the ACLU recommends that communities put up guardrails before implementing drone programs.
Sloan said he agrees that communities need to discuss how drones are used in their neighborhoods, but he also hopes their use will not be restricted because of fear.
“This could be used to save a life,” he said.