[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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