	Introduction

The prospect of drone use in domestic surveillance operations has engendered considerable debate among Americans of various political ideologies. Background, Uses, and Drone Technology

Drones, also known as unmanned aerial vehicles (UAVs), are aircraft that do not carry a human operator and are capable of flight under remote control or autonomous programming. An unmanned aircraft system (UAS) is the entire system, including the aircraft, digital network, and personnel on the ground. Drones can range from the size of an insect—sometimes called nano drones or micro UAVs—to the size of a traditional jet. Drones are perhaps most commonly recognized from their missions abroad, including to target and kill suspected members of Al Qaeda and related groups, but they might be used for a variety of other purposes, including for both commercial and law enforcement activities within the United States. In fact, the FAA predicted that 30,000 unmanned aircraft could be flying in U.S. skies in less than 20 years. Most recently, as part of the FAA Modernization and Reform Act of 2012, Congress mandated that the Federal Aviation Administration (FAA) "develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." And how does technology affect society's expectation of privacy? When analyzing domestic drone use under the Fourth Amendment, a reviewing court may be informed by cases surrounding privacy in the home, privacy in public spaces, location tracking, manned aerial surveillance, those involving the national border, and warrantless searches under the special needs doctrine. The Fourth Amendment protects this zone of privacy by ensuring that "the right of the people to be secure in their ... houses ... against unreasonable search and seizure, shall not be violated[.]" Again, the touchstone in every Fourth Amendment case is whether the search is reasonable . Whether a targeted individual is at home, in his backyard, in the public square, or near a national border will play a large role in determining whether he is entitled to privacy. Equally important is the sophistication of the technology used by law enforcement and the duration of the surveillance. As surveillance technology advances and becomes ever-present in Americans' lives, people's conception of privacy may tend to oscillate. Drones are smaller, can fly longer, and can be built more cheaply than traditional aircraft. Drones are not hindered by similar limitations. Several measures have been introduced in the 113 th Congress that would restrict the domestic use of drones, and establish arguably greater constraints on their usage than the Fourth Amendment requires. This statement would require the following items: 
A list of individuals who would have the authority to operate the drone The location in which the drone will be used The maximum period it will be used Whether the drone would be collecting information about individuals
If the drone will be used to collect personal information, the statement must include the following:
The circumstances in which such information will be used The kinds of information collected and the conclusions drawn from it The type of data minimization procedures to be employed Whether the information will be sold, and if so, under what circumstances How long the information would be stored Procedures for destroying irrelevant data. This statement must include policies adopted by the agency that
minimize the collection of information and data unrelated to the investigation of a crime under a warrant, require the destruction of data that is no longer relevant to the investigation of a crime, establish procedures for the method of such destruction, and establish oversight and audit procedures to ensure the agency operates a UAS in accordance with the data collection statement filed with the FAA.
The prospect of drone use inside the United States raises far-reaching issues concerning the extent of government surveillance authority, the value of privacy in the digital age, and the role of Congress in reconciling these issues.
Drones, or unmanned aerial vehicles (UAVs), are aircraft that can fly without an onboard human operator. An unmanned aircraft system (UAS) is the entire system, including the aircraft, digital network, and personnel on the ground. Drones can fly either by remote control or on a predetermined flight path; can be as small as an insect and as large as a traditional jet; can be produced more cheaply than traditional aircraft; and can keep operators out of harm's way. These unmanned aircraft are most commonly known for their operations overseas in tracking down and killing suspected members of Al Qaeda and related organizations. In addition to these missions abroad, drones are being considered for use in domestic surveillance operations to protect the homeland, assist in crime fighting, disaster relief, immigration control, and environmental monitoring.
Although relatively few drones are currently flown over U.S. soil, the Federal Aviation Administration (FAA) predicts that 30,000 drones will fill the nation's skies in less than 20 years. Congress has played a large role in this expansion. In February 2012, Congress enacted the FAA Modernization and Reform Act (P.L. 112-95), which calls for the FAA to accelerate the integration of unmanned aircraft into the national airspace system by 2015. However, some Members of Congress and the public fear there are insufficient safeguards in place to ensure that drones are not used to spy on American citizens and unduly infringe upon their fundamental privacy. These observers caution that the FAA is primarily charged with ensuring air traffic safety, and is not adequately prepared to handle the issues of privacy and civil liberties raised by drone use.
This report assesses the use of drones under the Fourth Amendment right to be free from unreasonable searches and seizures. The touchstone of the Fourth Amendment is reasonableness. A reviewing court's determination of the reasonableness of a drone search would likely be informed by location of the search, the sophistication of the technology used, and society's conception of privacy in an age of rapid technological advancement. While individuals can expect substantial protections against warrantless government intrusions into their homes, the Fourth Amendment offers less robust restrictions upon government surveillance occurring in public places including areas immediately outside the home, such as in driveways or backyards. Concomitantly, as technology advances, the contours of what is reasonable under the Fourth Amendment may adjust as people's expectations of privacy evolve.
In the 113th Congress, several measures have been introduced that would restrict the use of drones at home. Several of the bills would require law enforcement to obtain a warrant before using drones for domestic surveillance, subject to several exceptions. Others would establish a regime under which the drone user must file a data collection statement stating when, where, how the drone will be used and how the user will minimize the collection of information protected by the legislation.