Fort Drum

The OTHER Assault on the Fourth Amendment in the NDAA? Drones at Your Airport?

Steven Aftergood notes that the Army just issued new directives for the use of drones in civilian airspace. The new directives include nothing earth shattering (my favorite part is the enclosure from 2009 explaining what to do when you lose contact with one of your drones, on PDF 18–but really, what could go wrong?). But it does, as Aftergood notes, reflect a real enthusiasm for using more drones in civilian airspace.

Which brings me to a part of the NDAA debate that has remained largely undiscussed.

Days after the NDAA past, Chuck Schumer started boasting about how the NDAA would bring jobs to Syracuse, NY because the city’s airport might be one of 6 sites approved as test sites for drones flying in civilian airspace.

The National Defense Authorization Act signed into law last week by President Barack Obama allows for the establishment of six national test sites where drones could fly through civil air space.

Schumer, D-N.Y., said Tuesday he pushed for the establishment of six spots, instead of the planned four, to improve the chances that Hancock Field would be included.

[snip]

Schumer said Hancock already meets FAA requirements for unmanned aerial vehicles because about 7,000 square miles surrounding the airport is designated as “special use” airspace.

He said that “making Hancock a test site for this technology would be a boon for Central New York, creating jobs and bringing new investments to our defense contractors that provide thousands of good paying jobs.”

Curiously, the language addressing drones in civilian airspace in the NDAA, as passed, doesn’t actually say this.

SEC. 1074. REPORT ON INTEGRATION OF UNMANNED AERIAL SYSTEMS INTO THE NATIONAL AIRSPACE SYSTEM.

(a) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Administrator of the Federal Aviation Administration and on behalf of the UAS Executive Committee, submit to the appropriate committees of Congress a report setting forth the following:

(1) A description and assessment of the rate of progress in integrating unmanned aircraft systems into the national airspace system.

(2) An assessment of the potential for one or more pilot program or programs on such integration at certain test ranges to increase that rate of progress.

Rather, it seems to require Secretary Panetta to tell Congress whether “one or more” test ranges would “help” us get drones into civilian airspace more quickly. Perhaps the new Army guidelines are part of DOD’s preparation for the report to Congress.

That said, there is evidence that the legislative intent behind the NDAA is to push those 6 sites forward. Here’s what the managers’ statement said about this section (note, the numbering changed as sections got squished together into a bill).

Unmanned aerial systems and national airspace (sec. 1097)

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emptywheel @nickmanes1 A claim that Ellis is "moderate." I kid you not. @wizardkitten
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emptywheel @wizardkitten I heard certain Dems pushing Ellis, so maybe that's what they've got. @nickmanes1
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bmaz @JoshMBlackman @MikeSacksEsq @dsc250 @steve_vladeck @imillhiser Yeah, I am not so sure SCOTUS is as eager to take this as you are.
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JimWhiteGNV Finally figured it out: people can't come off the watch list because they are so pissed at not being allowed off they might do terra.
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bmaz @imillhiser @JoshMBlackman @steve_vladeck @dsc250 @MikeSacksEsq One other thought: I can see Edwards or another judge sua sponte requesting.
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emptywheel @wizardkitten God, sounds like it's even stupidly made. Are they just wasting donors money at this point? @nickmanes1
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emptywheel Actually, I think they need a name with your gait. So "Wheeler walker" might fly.
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emptywheel RT @MikeScarcella: 'DOJ tries to hide the Blue Book behind a veil of privilege, trumpeting a laundry list of doom-and-gloom outcomes.' http…
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JimWhiteGNV Horse people know it's easy to get wrong lead on some gaits. RT @emptywheel: Apparently your gait or DNA can be nominated as a terrorist.
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emptywheel Apparently your gait or DNA can be nominated as a terrorist.
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emptywheel @wizardkitten I'm just hoping they roll out Mike Rogers to beat up Amash before this is out, bc that would be popcorn-worthy. @nickmanes1
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emptywheel @wizardkitten Maybe GOPers think that by having a Real Live Politician say it, it'll sound like a real policy issue. @nickmanes1
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