It's unsurprising, but troubling nonetheless.
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© U.S. Air Force

At the end of November, news broke that the FAA was considering troubling changes to current regulations that, if enacted, will permit the use of unmanned drones for nonmilitary purposes. Alas, it appears that the proposed regulatory changes are merely a means of formalizing what is already an ongoing practice. A story in the Sunday, December 11 edition of the Los Angeles Times confirms that Law Enforcement officials are already using drones with support from the U.S. Customs.

The case in question, one of the strangest juxtapositions of modern technology and rustic, ahem, simplicity in recent memory, involves a dispute over the ownership of cattle - yes, moo cows - in Nelson County, North Dakota. Earlier this year, 6 cows from a neighboring property wandered onto the Brossart family farm. The Brossarts refused to return them to their original owners, and local Sheriffs were called in to resolve the mess. On June 23, Sheriff Kelly Janke attempted to serve the Brossarts with a warrant to search the property, only to be chased off at gunpoint. (The Brossarts, according to local Sheriffs, belong to the Sovereign Citizen movement, an extremist right wing movement that rejects the authority of the federal government and the US Constitution.)

So far, this is standard issue drama for rural law enforcement tasked with policing rural citizens prone to paranoia and anti-government sympathies. It's what happened next that has privacy advocates concerned. Janke, who had recently attended a Customs and Border Patrol briefing that explained how the agency's drone aircraft could assist local law enforcement, decided to take advantage of their services. Customs and Border Patrol drones with infrared capabilities were flown over the Brossart's property in order to determine whether they were armed. When they confirmed the Brossart adults were walking the property sans weapons, local SWAT teams moved in to apprehend.

For privacy advocates and those concerned about the increasing militarization of domestic law enforcement, the issue at hand is not the lawful behavior of the suspects, who appear to be hostile to the rule of law and willfully disregarding of their neighbors' rights. The fact that the use of drones has occurred despite not being officially authorized by the FAA, and without public debate or oversight, is troublesome by itself. Whatever the FAA eventually decides, it's apparent that the most likely domestic use for unmanned drones won't be for commercial purposes touted by advocates for rule changes. As former U.S. Representative Jane Harman told the LA Times, "There is no question that this could become something that people will regret".