Rep. Dan Hamilton Introduces Drone Restriction Bill

South Carolina State Representative Dan Hamilton (R-20) introduced legislation in the South Carolina State House of Representatives on Thursday aimed at protecting South Carolinians' privacy against unwarranted government intrusion through the domestic use of "unmanned aerial vehicles" commonly known as drones.

Hamilton's bill, H. 3514, was introduced as a national discussion continues to be had about the ethics and repercussions regarding the Obama administration's consideration of the theoretical use of unmanned drones against Americans, if such action was needed in a national security situation. 

"I believe the use of drones by police and other government agencies should be strictly controlled by state laws that protect the privacy and civil rights of all South Carolinians," said Rep. Hamilton in a prepared statement. "This legislation prohibits the use of drones by law enforcement unless a warrant has been issued, provides for public monitoring and accountability, requires policies and procedures be adopted by public bodies and mandates pictures of individuals acquired by drones be destroyed unless they are part of an authorized investigation." 

A release from Hamilton's office states that drones have become less expensive and more easily acquired for law enforcement and government agencies, necessitating safeguards against abuse. 

The bill includes:

• Usage Restrictions -- Drones should be subject to strict regulation to ensure that their use by government agencies, law enforcement and private entities does not infringe on individual privacy rights. This legislation prohibits their use for mass surveillance or monitoring protected First Amendment activities.

• Image Retentions Restrictions -- Images of individual South Carolinians captured by aerial surveillance should not be retained or shared unless there is reasonable suspicion that the images contain evidence of criminal activity or are relevant to an ongoing investigation.

• Public Notice -- The policies and procedures for use of aerial surveillance should be explicit, written and public. Policy decisions regarding the purchase and deployment of drones should be decided on by publically elected and accountable bodies (e.g. city councils, county councils, or       the General Assembly) based on publically available information in open meeting and not made administratively by police departments or other law enforcement or regulatory agencies.

• Auditing and Tracking -- Public agencies should not invest in drones without a clear and systematic examination of  the costs and benefits involved. This legislation requires public agencies to track the use and effectiveness and report their numbers annually.

"As technology rapidly advances, our state needs to update our laws before the use of drones becomes widespread so we can protect the individual rights of our citizens. This legislation will help us do just that," Hamilton said.

The full text of H. 3514 can be found online