Recently in Law Enforecement Category
by Katelyn DeRuyter, UMN Law Student, MJLST Note and Comment Editor
I recently typed "legal issues drone usage" into Google and was surprised by what I found. Along with several articles on the U.S.'s drone program (as expected), I was also greeted by reports of an Amazon project to have unmanned aerial drones make deliveries. For those who don't know, Amazon is an online retailer of ... well, almost everything. This drone project, first announced on CBS' '60 Minutes', is called "Prime Air" and may be viable in as few as 4-5 years. While there is wide speculation over whether this project is real or just a publicity stunt, it does present some interesting legal and law-enforcement considerations.
First, the reported facts:
The drones would be autonomous, meaning they would not be remotely piloted. Rather, the small rotorcrafts would use GPS technology to travel to and from delivery addresses. The drones currently being tested have a range of 10 miles and can lift packages weighing up to 5 lbs. Such packages account for approximately 86% of Amazon's deliveries. It is easy to see the business advantages of such a delivery program. However, is this program currently legal?
Police and various governmental organizations are allowed to fly drones as long as they have obtained FAA approval. Non-governmental use of drones is limited to hobbyists and there are strict restrictions. For example, hobby drones cannot go above 400 feet and must stay within the operator's sight. This will soon change. In early 2012, Congress passed the Reauthorization Act, a $63 billion funding bill for 4 years of FAA funding. One of the provisions of this Act is that the FAA must allow for the wider use of drones for both governmental and commercial use. Specifically, the FAA must allow for commercial use of drones by Sept. 30, 2015.
Given the Reauthorization Act, it seems probable that Amazon's Prime Air, and other similar programs, may soon be legal. However, are such programs advisable? Along with potential liability issues if the drones malfunction and cause injury, there are broader policy issues to be addressed.
The ability for drone deliveries may be a vast complication for law enforcement. By cutting out USPS, FedEx, UPS and other more "traditional" shipping methods, drone deliveries may also circumvent a lot of the screening and tracking that occurs with shipping. These screening and tracking systems are vital to law enforcement's efforts to detect, stop and prosecute a variety of crimes - spanning from drug trafficking to bioterrorism.
If the law enforcement hurdles can be overcome, and I think it is likely that they can, drone-deliveries will probably become commonplace. It will be interesting to watch how the law adapts to fit this evolving technology.
Please feel free to leave any comments and thoughts!
by Bryan Dooley, UMN Law Student, MJLST Staff
While most would likely agree that threats to cybersecurity pose sufficient risk to warrant some level of new regulation, opinions vary widely on the scope and nature of an appropriate response. The Cyber Intelligence Sharing and Protection Act, one of several proposed legislative measures intended to address the problem, has drawn widespread criticism. Concerns voiced by opponents have centered on privacy and the potential for misuse of shared information. Some fear the legislation creates the potential for additional harm by allowing or encouraging private parties to launch counterattacks against perceived security threats, with no guarantee they will always hit their intended targets.
by Bryan Morben, UMN Law Student, MJLST Staff
There has been a lot of attention on North Korea and the possibility of a nuclear war lately. In fact, as recently as April 4, 2013, news broke that the increasingly hostile country moved medium-range missiles to its east coastline. It is reported that the missiles do not have enough range to hit the U.S. mainland, but is well within range of the South Korean capital. Tensions have been running high for several months, especially when the North took the liberty to shred the sixty year old armistice that ended the Korean War, and warned the world that "the next step was an act of 'merciless' military retaliation against its enemies."
by Kenzie Johnson, UMN Law Student, MJLST Managing Editor
The recent announcements by several large news outlets including the New York Times, Washington Post, Bloomberg News, and the Wall Street Journal reporting that they have been the victims of cyber-attacks have yet again brought cyber security into the news. These attacks reportedly all originated in China and were aimed at monitoring news reporting of Chinese issues. In particular, the New York Times announced that Chinese hackers persistently attacked their servers for a period of four months and obtained passwords for reporters and other Times employees. The Times reported that the commencement of the attack coincided with a story it published regarding mass amounts of wealth accumulated by the family of Chinese Prime Minister Wen Jiabao.
Free Consortium Event, Nov. 15: Should the Science of Adolescent Brain Development Inform Legal Policy?| Permalink
Studies of adolescent brain development have influenced debates on issues such as the constitutionality of the juvenile death penalty, if sentencing juveniles to life without the possibility of parole is moral, to whether states should raise the legal driving age, to permitting minors to obtain an abortion without parental consent. In this lecture, Prof. Steinberg will examine whether burgeoning research on adolescent brain development should influence legal policy.
by Rebecca Boxhorn, Consortium Research Associate, Former MJLST Staff & Editor
Helen of Troy's face launched a thousand ships, but yours might provide probable cause. The FBI is developing a nationwide facial recognition database that has privacy experts fretting about the definition of privacy in a technologically advanced society. The $1 billion Next Generation Identification initiative seeks to harness the power of biometric data in the fight against crime. Part of the initiative is the creation of a facial photograph database that will allow officials to match pictures to mug shots, electronically identify suspects in crowds, or even find fugitives on Facebook. The use of biometrics in law enforcement is nothing new, of course. Fingerprint and DNA evidence have led to the successful incarceration of thousands. What privacy gurus worry about is the power of facial recognition technology and the potential destruction of anonymity.