Earlier this week, the federal government announced that the Air Force might be dispatching drones to a backyard near you. The stated purpose of these spies in the sky is to assist local police to find missing persons or kidnap victims, or to chase bad guys.
If the drone operator sees you doing anything of interest (Is your fertilizer for the roses or to fuel a bomb? Is that Sudafed for your cold or your meth habit? Are you smoking in front of your kids?), the feds say they may take a picture of you and keep it. The feds predict that they will dispatch or authorize about 30,000 of these unmanned aerial vehicles across America in the next 10 years. Meanwhile, more than 300 local and state police departments are awaiting federal permission to use the drones they already have purchased -- usually with federal stimulus funds.
The government is out of control.
If the police use a drone without a warrant to see who or what is in your backyard or your bedroom, or if while looking for a missing child the drone takes a picture of you in your backyard or bedroom and the government keeps the picture, its use is unnatural and unconstitutional.
I say "unnatural" because we all have a natural right to privacy; it is a fundamental right that is inherent in our humanity. All of us have times of the day and moments in our behavior when we expect that no one -- least of all the government -- will be watching. When the government watches us during those times, it violates our natural right to privacy. It also violates our constitutional right to privacy. The Supreme Court has held consistently that numerous clauses in the Bill of Rights keep the government at bay without a warrant.
Even when we don't have an expectation of privacy, we do have a right to be left alone. But merely watching us in public isn't enough for the police, as many street corner cameras are equipped with listening devices and tiny megaphones. We can expect that these devices will soon bark commands: "Put down that BlackBerry." "Look to your right before crossing." "Don't kiss her; a car is coming." Actually, Big Brother is coming, and he's not smiling.
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