Law Regarding to Drones and Biometrics
Executive Summary
This paper talks about drones and biometrics. These are two things that are taking over our world today since they are new inventions. Due to this, they need to be studied longer since this is their time. In this article, we look at both these inventions, the laws that govern them, the threat they pose to their environment as well as a recommendation on how they can be utilized better.
I. Present Scenario for drones and biometrics.
a. What is Drones?
Drones are defined as unmanned aerial vehicles (UAVs) that are controlled in one of two ways, the first of which is done by personnel on the ground who direct the drone’s entire activities from takeoff to landing. The other way of controlling drones is by using autonomous programs that follow a strictly defined pre-defined mission. Such drones are fitted with electronic chips that contain the autonomous programs.
Based on their roles, drones generally fall into two simple categories: those that are fitted with weapons like bombs and missiles and are used to covertly attack an enemy’s position or target. The second category includes those that are used for reconnaissance and investigative purposes. Over the past few years, the use of drones has risen because they can remain airborne for several hours unlike traditional aircraft flown by a human being. They are also fairly inexpensive to build compared to military jets. The fact that they can be operated remotely means that they do not expose any persons to potential dangers (in the case of those used in conflict zones) (Whitlock, 2014).
The uses for drones in the civilian sector are plenty; they include commercial and hobby interests. The use of drones for commercial purposes includes use of them by a retailer to deliver products to a customer. Amazon.com pioneered this idea. They can also be used to provide or improve internet services in remote areas of the world. They can also replace helicopters in the field of news gathering. They can also be used to take aerial photographs to help various businesses such as those that have a need for aerial photographs, such as real estate businesses.
b. What is Biometrics?
Biometrics is the identification of a person’s identity using various physical traits. It makes use of quantifiable human physiological characteristics such as fingerprints, face recognition, palm print identification, iris and retina identification, and DNA to identify a person and allow the control of his or her ability to access various locations of a secure environment. It can also make use of behavioral attributes such as a person’s voice, and walking style to identify him. The use of biometrics is also increasingly being used in the identification of various persons that are being shriveled (Boulgouris, Plataniotis, & Micheli-Tzanakou, 2009). The use of biometrics for these stated purposes is totally different from conventional means of identification that include a person’s ID number, his or her passport or driver’s license (Bolle, 2004).
II. Problems associated with drone and biometric use
a. Problems facing drones
Civilian drone controllers, in the United States at least, face the most challenges, for instance for a civilian flier in the United States to land his or her drone in a busy airport he must possess a valid pilot’s license. He must also pass an aviation-related medical inspection, he has to be helped by a spotter He also has to ask for permission from the airport authorities two days in advance, he has to fly at speeds not exceeding 56 kilometers per hour and at an altitude not exceeding 300 feet. These requirements, introduced in early 2015, are better than the outdated ones that explicitly restricted flying drones close to any operating airports. These challenges come after one has obtained his or her special airworthiness certificate from the Federal Administration Authority (Federal Aviation Administration, 2015). Getting this certification from the FAA is a bigger challenge. Amazon.com just recently got their experimental airworthiness certificate after several months (Nicas & Bensinger, 2015).
Privacy issues also beset the use of drones. Those against their use argue that they can be used by people with malicious intentions to spy on other individuals. Because some drones are very small in size and do not use any fuel, they tend to be very silent, and can consequently stay hidden right above someone’s compound, and eavesdrop on any conversations taking place, maybe even take a few unauthorized photographs or videos that might compromise one’s credibility in the community if they appear in public.
In 2009, the FAA issued a public notice that banned the use of remote controlled aircraft close to stadiums. It made doing so an offense that could land one in prison for up to one year. Such an event should be encouraged as the FAA is seeking to prevent injuries or death to any of the spectators in the stadiums should the drone controller lose control of the drone. In March 2014, a Brooklyn resident was fined by the FAA after his drone struck two Manhattan buildings and narrowly missed hitting a pedestrian, and in August the same year a small drone crashed into a stand at the Virginia Motorsports Park resulting in injuries to three spectators (Varandani, 2014).
b. Problems facing biometrics.
The use of biometrics also faces several challenges regarding privacy, personal safety, and ease of cancelation. Privacy issues come up when data acquired through biometric registration is used for purposes other than those for which the registered individual agreed to at the time the registration. With regards to privacy, biometrics faces three issues: unintended purpose scope (the biometric data is used for purposes that go beyond actual authentication, for instance using a biometric security system that makes use of a person’s DNA data to check the person for a wide variety of genetic illnesses or other unwanted genetic traits); inadvertent use (the biometric system is used to ascertain a person's identity rightly when the person did not want his identity to be revealed); and clandestine identification (use of biometrics to identify a person without his prior consent for identification) (Yang, Yingzi Du, & Zhou, 2013).
Another challenge facing Biometrics is the use of excessive force when malicious individuals such as thieves and burglars cannot break into installations protected by biometric systems. In such situation, they will mostly resort to using deadly force to gain access to the installations. For example, the owner of a house whose entry is only allowed by a biometric security system that requires iris identification might have his eyes gouged by burglars who are hell-bent on entering the house. In 2005, the owner of a Mercedes-Benz S-Class car had his finger cut chopped by would-be car thieves who wanted to gain access to the car. The car could only be started by having the owner place his thumb on the car’s biometric security system for fingerprint identification (Kent, 2005).
Unlike conventional security systems such as passwords and keycards, biometrics does not allow for easy cancelation of stored biometric data. If a person’s fingerprint is stolen and duplicated, they cannot have it reissued or changed.
In these cases, the issue that has been addressed is Privacy. Privacy is common in both cases, even though, their concern differs. The issue of privacy has been a concern especially when it comes to drones, this is because drones are crafts that can travel further and up such that it might not be possible to see them on some occasion. Because of this, it has been used to spy on some countries, for instance, one of the United States drones was intercepted in china where the US was supposedly spying on the country. It has also been used to carry out attacks on various leaders such as those in Somalia and Iraq after trailing them for long. If this could happen to them, then it means it can happen to anyone. Someone with a twisted mind might get an access to drone and use it to do something illegal. Biometrics are safe, but they work best to make an environment that is already safe, safer. In an unsafe environment, they do not guarantee safety, and instead they might pose danger. As it has been seen, in some cases criminal can chop off human parts just to access whatever it is that has been protected by biometrics. What this means is that it does not guarantee anyone safety.
Privacy almost goes hand in hand with public safety. Drones are mechanical objects, and this means that they can malfunction anytime even when airborne. Therefore, they might crash somewhere crowded this leading to casualty. Because of this regulation is required to have only certified persons fly these objects. They should also follow regulation and not fly then anytime but during certain periods. No flying zones should also be included especially in crowded places such as stadiums to reduce the risk of accidents. When it comes to biometrics, there should not be a major regulation on it since it can be compared to password. All that should be done is ensuring better security so that the use of biometrics can be more effective.
III. Recommendations.
a. Drones
There is a remarkable and growing demand for drones, a pattern which could be attributed to usage policies non-existent before actual introduction to non-military markets by 2009-2010. This has, consequently, prompted ICAO – a UN agency aimed at collecting and organizing information about international civil aviation – to issue a circular mandating drones should include safety features similar to ones in conventional manned aircraft.
Different countries define own rules and guidelines which regulate how drones are used. In U.S., for instance, a civilian wishing to fly drones across National Airspace System (NAS) must acquire a special airworthiness certificate for his or her specific drone. Further, U.S. Federal Aviation Administration (FAA) issued an order, FAA Order 8130.34, defining procedures for issuing such a certificate, along with certifications for mechanical and operational requirements (Federal Aviation Administration, 2008).
Indeed, drone-usage policies should be passed as urgently as possible to keep up with growing demand. Currently, however, passing such legislations consumes a very long time, let alone a legal ambiguity about drones and unmanned aerial vehicles. The Congress and Senate should – as one and only viable exit – work together to come up with definitive federal laws governing drone usage. Admittedly, FAA is investing commendable efforts, following up on orders and directives about drone usage near airports and stadiums. These orders and directives, however, do little to protect ordinary citizens at home who risk being spied upon by a drone flyer. Indeed, having a fence around one’s house is no longer a guarantee for privacy.
Presently, a little over 20 states in the U.S. have passed local laws – enforced by concerned law enforcement agencies – which govern drone usage for surveillance purposes. The laws go as far as defining how information is gathered by surveillance drone can be used. It is, therefore, important for remaining states to follow suit and pass similar laws. The passed laws, moreover, require adequate justification of drone usage for surveillance purposes in order to warrant authorization (Whitlock, 2014). Tracking a suspect using drones – or whichever means – in absence of proper authorization amounts to breaching a suspect’s privacy.
Other countries followed suit. For example, South Africa’s South African Civil Aviation Authority (SACAA) allowed in 2014 use of drones in national airspace. Formerly, SACAA had made clear drones are by no means are permitted. Indeed, SACAA cracked down on illegal drone flights across her airspace by fining offenders up to ZAR 50,000 or sentencing up to 10 years. In U.K., Civil Aviation Authority (CAA) mandated civilian drones weighing more than 20 k.g. are required to possess a capability for aircraft detection and navigating away.
As noted, U.S. laws on drones remain underdeveloped. Further, drone flyers still cannot perform flying safely. One notable example is Amazon Company which was frustrated first before getting a license to fly drones eventually. Consequently, Congress can do better by drafting bills which could allow drones to be flown freely and safely. This, in fact, involves implementing laws issued in 2015. The weight and proximity of a drone should be set in such a way as to guarantee consistency. For instance, whereas small drones could be flown within sight heavy ones could fly further. Moreover, a plane's altitude as well as speed should also be set. According to FAA regulations, drones weighing up to 55 pounds should be flown within sight of pilots during day. The aircraft should also not exceed a 500-feet limit and speed should not exceed 100 mph. This law has, interestingly, set an age limit for drone flying by which only a 17- year old who has passed a test on aeronautics and who has undergone a vetting by Transport Security Administrator should be allowed to fly aircrafts.
These are laws which Congress should consider legislating. Yet, in proposing new bills, requirements should not be too restrictive. Undoubtedly, U.S. airspace is filled with aircrafts. This, however, should not be an excuse to propose stringent measures. The Congress should, instead, recognize that commercial use of drone is an issue now widely accepted – and cannot be stopped. The Congress, hence, is advised to come up with laws which will result in a win-win situation. Businesses using drones should benefit as well. Airspace safety should not be compromised, either. The proposal by FAA is, accordingly, a sign that Congress is in a process of integrating drone into the United States airspace. The plan to invite comments and suggestion from stakeholders is yet another evidence of Congress commitment to making drone part of U.S legalized airspace system.
b. Biometrics
Probably, biggest challenge facing biometrics is privacy. To overcome such a challenge, creating in-house guidelines governing how biometric data is used – in order to ensure data is not misused in any way to conduct unauthenticated checks and tests – becomes a fundamental requirement. This should ensure every person who has had his biometric data captured has no supplementary checks carried out, for which he has not offered his consent (Yang, Yingzi Du, & Zhou, 2013).
Significantly, introducing laws which restrict identification of a person who does not want to be identified (such as when he is in a crowd) is crucial. These laws could incorporate a requirement for biometric system end-users by which end-users do not use any biometric systems to gather data for instances when individuals whose data is being collected have not given any consent (Yang, Yingzi Du, & Zhou, 2013). As well, law enforcement agencies which need to gather biometric data on suspected individuals should avoid using covert means. Instead, warrants which permit concerned agencies to covertly gather data prior to gathering should be obtained.
III. Conclusion
Indeed, numerous technological advancements exist in the world today. Among these advancements are drone aircraft and biometric technologies that provide crucial and critical uses in contemporary setting that ever before.
Unlike traditional aircrafts, drones remain in the air for relatively longer periods, and they are inexpensive in comparison to military jets makes their use dynamic. In addition, they can provide access to internet in remote zones of the world. Besides, businesses like Amazon are proposing the use of drone for commercial purposes, as they have the capability of aiding in their logistics and supply sector. Since they can be manned without a pilot, drones also assist in intelligence gathering and attacking enemy targets in conflict zones.
Just like drones, biometrics is also an invaluable innovation. Their use is surpassing conventional approaches to a person's identification in effectiveness. Specifically, it is useful in security systems and can enhance countering terrorism.
The use of drones and biometrics is confronted with numerous challenges despite their usefulness. For example, the guidelines on the use of drones limit civilian populations that intend to use them. In most cases, obtaining airworthiness certificate is a significant problem. Opponents of drone use claim that they may intrude people's privacy when used by malicious people. Similarly, biometric use faces problems of privacy, personal safety, and even cancelation. Persons with malicious objectives or agendas could us an individual’s information for unintended purposes. With biometric systems, the safety of individuals may be at risk, as they may have their body parts such as fingers or eyes removed by thieves in order to access certain properties illegally. While conventional security systems such as passwords and keycards allow easy cancelation, biometrics provide the direct opposite, which presents an enormous challenge.
Irrespective of their importance and usefulness, the use of drones and biometrics is prone to numerous challenges and shortcomings. Therefore, I believe that the implementation of some of the recommendations outlined in this paper will critically help in their increased use.
IV. References
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Federal Aviation Administration. (2008). Order 8134.30 SUBJ: Airworthiness
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