[drone-list] Secrecy News on USAF "incidental" domestic surveillance
Gregory Foster
gfoster at entersection.org
Tue May 8 21:52:29 PDT 2012
Secrecy News (May 8) - "USAF Drones May Conduct 'Incidental' Domestic
Surveillance" by @saftergood <http://twitter.com/saftergood>
http://www.fas.org/blog/secrecy/2012/05/usaf_drones.html*
*
U.S. Air Force policy permits the incidental collection of domestic
imagery by unmanned aerial systems (drones), but ordinarily would not
allow targeted surveillance of a U.S. person. The Air Force policy was
restated in a newly reissued instruction on oversight of Air Force
intelligence.
"Air Force Unmanned Aircraft System (UAS) operations, exercise and
training missions will not conduct nonconsensual surveillance on
specifically identified US persons, unless expressly approved by the
Secretary of Defense, consistent with US law and regulations," the
instruction <http://www.fas.org/irp/doddir/usaf/afi14-104.pdf> stated.
On the other hand, "Collected imagery may incidentally include US persons
or private property without consent."
"Collecting information on specific targets inside the US raises policy
and legal concerns that require careful consideration, analysis and
coordination with legal counsel. Therefore, Air Force components should
use domestic imagery only when there is a justifiable need to do so, and
then only IAW [in accordance with] EO 12333, the National Security Act of
1947, as amended, DoD 5240.1-R, and this instruction," it said.
Legally valid requirements for domestic imagery, the instruction
<http://www.fas.org/irp/doddir/usaf/afi14-104.pdf> said, include
surveillance of natural disasters, environmental studies, system testing
and training, and also counterintelligence and security-related
vulnerability assessments. Air Force units are authorized to acquire
domestic commercial imagery for such validated purposes.
However, "Air Force intelligence components must not conduct or give the
appearance of conducting collection, exploitation or dissemination of
commercial imagery or imagery associated products for other than approved
mission purposes." See "Oversight of Intelligence Activities,"
<http://www.fas.org/irp/doddir/usaf/afi14-104.pdf> Air Force Instruction
14-104, April 23, 2012.
Another new Air Force Instruction deals with the basic operation of Small
Unmanned Aerial Systems in domestic and foreign environments. Among other
things, it recommends caution in the use of non-uniformed personnel in
conducting drone combat missions.
"To ensure the noncombatant status of civilians and contractors is not
jeopardized, commanders shall consult with their servicing judge advocate
office for guidance before using civilian or contractor personnel in combat
operations or other missions involving direct participation in
hostilities," the instruction advised. See "Small Unmanned Aircraft
Systems Operations," <http://www.fas.org/irp/doddir/usaf/afi11-502v3.pdf>
Air Force Instruction 11-502, volume 3, April 26, 2012.
In its new mark of the FY2013 defense authorization bill
<http://armedservices.house.gov/index.cfm/files/serve?File_id=e7c34102-53e4-455a-b345-358f3e99e8cc>,
the House Armed Services Committee is proposing to provide the Air Force
with even more money than it requested for its Predator and Reaper drone
programs. See "Congress Funds Killer Drones the Air Force Says It Can't
Handle" <http://www.wired.com/dangerroom/2012/05/congress-armed-drones/>
by Spencer Ackerman, Wired Danger Room, May 7, 2012.
gf
--
Gregory Foster || gfoster at entersection.org
@gregoryfoster<> http://entersection.com/
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