Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance

273 Pages·2016·3.21 MB·English

by  Aleš Završnik (eds.)

Drones and Unmanned Aerial Systems
Aleš Završnik
Editor
Drones and Unmanned
Aerial Systems
Legal and Social Implications for Security
and Surveillance
2123
Editor
Aleš Završnik
Institute of Criminology at the Faculty of Law
Ljubljana
Slovenia
ISBN 978-3-319-23759-6 ISBN 978-3-319-23760-2 (eBook)
DOI 10.1007/978-3-319-23760-2
Library of Congress Control Number: 2015951633
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Acknowledgments
The editor wishes to express his gratitude to those individuals and institutions that
have made this book possible.
I have greatly profited from the constructive atmosphere with the coauthors of
this book at the international conference “Spy in the Sky: Regulatory Issues of
Drones and Unmanned Aerial Systems” organised at the Faculty of Law of the Uni-
versity of Ljubljana in May 2013 in Ljubljana (Slovenia). This was one of the first,
if not the first, conferences worldwide dedicated to regulatory aspects of drones.
This was the period of the initial political decisions of governments around the
world that drones should be integrated into the civilian space and the time many of
us realised that drones are here to stay. I also greatly appreciate what I gained from
my coauthors, who were in many ways much more versed in this area, and also from
my colleagues at the Institute of Criminology at the Faculty of Law—I owe many
ideas to our inspiring and sometimes necessarily turbulent conversations.
My greatest thanks go to all my coauthors. I met some of them for the first time
at the conference. They have been courageous enough to trust the editing of the
book to me. I have known others for a while, and I am happy to be able to work
with them on a common book as I admire and appreciate their work and thoughts.
I would like to thank the Slovenian Research Agency for awarding a postdoctoral
grant that enabled me to research the topic and organise a conference in Ljubljana.
My thanks go also to the Institute of Criminology in Ljubljana and its Director,
Professor Matjaž Jager, who showed full understanding of the book.
Finally, I would like to thank the team at the publisher for being very supportive
and encouraging the whole process of preparing this book throughout.
Ljubljana, 4 June 2015 Aleš Završnik, Editor
v
Contents
1 Introduction: Situating Drones in Surveillance Societies ....................... 1
Aleš Završnik
Part I Political Technology of Drones
2 T heorizing Drones and Droning Theory .................................................. 21
Mark Andrejevic
3 T he Political and Moral Economies of Dual Technology
Transfers: Arming Police Drones ............................................................. 45
Kristin Bergtora Sandvik
Part II Drones Between Privacy and Security
4 T he (F)utility of Privacy Laws: The Case of Drones? ............................ 69
Primož Gorkič
5 Re-bordering the Peripheral Global North and Global
South: Game of Drones, Immobilising Mobile Bodies and
Decentring Perspectives on Drones in Border Policing .......................... 83
Sanja Milivojevic
6 Deploying Drones in Policing Southern European Borders:
Constraints and Challenges for Data Protection and
Human Rights............................................................................................. 101
Luisa Marin and Kamila Krajčíková
vii
viii Contents
Part III Drones, the “War on Terror” and Public International Law
7 Death from the Sky: International Legal and Practical Issues
on the Use of Armed Drones.................................................................... 131
Mélanie De Groof
8 T he Predators’ Rule of Terror................................................................. 157
Vasja Badalič
Part IV D rones and International Air Law
9 A n Analysis of Unmanned Aircraft Systems Under Air Law ............... 185
Pablo Mendes de Leon and Benjamyn Ian Scott
Part V D omain-Specific Uses of Drones
10 Droning on About Journalism: Remotely Piloted Aircraft
and Newsgathering................................................................................... 217
David Goldberg
11 D rones, Resistance and Countersurveillance......................................... 243
Aleš Završnik
Index ................................................................................................................ 267
Contributors
Mark Andrejevic Department of Media Studies, Pomona College, Claremont,
USA
Vasja Badalič Institute of Criminology at the Faculty of Law, Ljubljana, Slovenia
David Goldberg Glasgow, Scotland
Primož Gorkič Faculty of Law, University of Ljubljana, Ljubljana, Slovenia
Mélanie De Groof The Group for Research and Information on Peace and Security
(GRIP), Brussels, Belgium
Kamila Krajčíková Heinrich-Heine-Universität Düsseldorf, Düsseldorf, Germany
Luisa Marin Department of Law, School of Law, Economics and Governance,
Utrecht University, Utrecht, The Netherlands
Institute for Governance Studies, University of Twente, Enschede, The Netherlands
Pablo Mendes de Leon International Institute of Air and Space Law, Leiden
University, Leiden, Netherlands
Sanja Milivojevic School of Social Sciences, University of New South Wales,
Sydney, Australia
Kristin Bergtora Sandvik Norwegian Centre for Humanitarian Studies, Peace
Research Institute Oslo (PRIO), Oslo, Norway
Benjamyn Ian Scott International Institute of Air and Space Law, Leiden
University, Leiden, Netherlands
Aleš Završnik Institute of Criminology at the Faculty of Law, Ljubljana, Slovenia
ix
About the Editor
Asst. Prof. Aleš Završnik Doctor of Law (LL.D.) is a researcher at the Institute
of Criminology at the Faculty of Law in Ljubljana. He was a postdoctoral Yggdra-
sil fellow at the Department of Criminology and Sociology of Law at University
of Oslo (2012) and a postdoctoral fellow at the Max-Planck-Institut für Auslän-
disches und Internationales Strafrecht, Freiburg im Breisgau (2009) and a fellow of
the World Federation of Scientists, Geneva (2008). He was collaborating with the
European Cooperation in Science and Technology (COST) Action “Living in Sur-
veillance Societies” and the COST Action “Cyberbullying”. Aleš Završnik edited a
book Crime and Technology: How Computers Transform Surveillance and Privacy,
Crime and Crime Control? (2010), published a book Homo Criminalis: Images of a
Criminal in High-Tech Risk Society and Cybercrime (2015). He has researched and
published on theoretical criminology, criminal law and “law and technology”, i.e.
cybercrime, cyberlaw and surveillance. He is a member of the editorial board of the
Masaryk University Journal of Law and Technology.
xi
Chapter 1
Introduction: Situating Drones in Surveillance
Societies
Aleš Završnik
The object of this book is to shed light on the growing regulatory framework for
“drones”, on the one hand, and on the accompanying moral and political landscape
and knowledge production process related to drones on the other. The regulatory
framework relevant for drones is multifaceted, and the book sheds light on the rel-
evant aspects of privacy and personal data protection law, aviation law, public inter-
national law, media law and migration law—in several countries. The charted moral
and political landscape of drones employed in various contexts (e.g. in war and in
peace, by commercial and noncommercial users, in national and international con-
texts) offers insight into the wider picture of “security theatre” (Schneier 2003) and
“surveillance games” in the contemporary “big data” society. In more general terms,
drones are also used as a point of departure for mapping the knowledge production
process in contemporary societies: Should we ground political decisions on social,
psychological and anthropological considerations (“deep ontology”), or should we
ground such decisions on the stockpile of data (“on the surface”) gathered from
various sensing and recording devices, including drones? While the book dissects
the complex and geographically and substantially diverse regulatory frameworks,
it sheds light on regulatory processes permeated with the contrasting interests and
values of multiple stakeholders. In such a manner, the book sheds lights on both the
legal and social implications of “drones” for security and surveillance.
As definitions are crucial for any regulation, discussions about “drones” in the
book are, more precisely, discussions about “unmanned aircrafts”, defined as aero-
dynamic flying systems that can be piloted remotely via a joystick or digital in-
terface supported by different levels of automatic control (Houses of Parliament
2014). As such aircrafts are supported by infrastructure, such as control stations and
data links, the book likewise uses the term “unmanned aircraft systems” (UAS),
A. Završnik ()
Institute of Criminology at the Faculty of Law, Poljanski nasip 2,
SI-1000 Ljubljana, Slovenia
e-mail: [email protected]
© Springer International Publishing Switzerland 2016 1
A. Završnik (ed.), Drones and Unmanned Aerial Systems,
DOI 10.1007/978-3-319-23760-2_1