In a case that is likely to be repeated with greater regularity in the coming years, a man is accused of criminal damage to property in swatting a drone out of the air in California. Many people view the increasing use of drones with cameras to be a nuisance and have taken actions against the drones or their operators, as we previously discussed. In this case, however, the neighbor of Michael Luzansky, owner of Lucky7Drones, has his neighbor on videotape walking across the street to swat the drone out of the air with his teeshirt. It seems like a rather straight-forward case of criminal damage but it raises the issue of what reasonable limitation should be put on drone operators who are irritating people on beaches and parks with this new technology.
Submitted by Charlton Stanley (Otteray Scribe), guest blogger
This story started out in one place and ended somewhere else. I had been thinking about privacy issues for some time. A friend of mine, a forensic psychologist, like so many professionals, has gone to a (mostly) paperless office. Instead of taking a thick bulky file to court when called on to testify, he takes one dedicated laptop. As all our attorneys and anyone else who has had to testify as an expert knows, if you take your files to court, opposing attorneys are allowed to examine anything brought to the witness stand, such as the contents of a briefcase. My friend was concerned that he did not want anyone to rummage through his private files and other client files if he brought his regular laptop. So he bought an inexpensive laptop. When he goes to court, he simply downloads the files for that one case, as well as any emails associated with the case. That way he has everything at his fingertips, and counsel opposite can look at everything in that little laptop without compromising privacy or violating HIPAA rules.
A few days ago, he and I were discussing smart phones. Because of a recent article in the news, the question came up of who owns your cell phone if you use it for business purposes. Almost everyone I know uses their personal cell phone in relation to their employment. Texting, emails and file storage of all kinds. Suppose the employer is sued, and either the plaintiff or the defense attorney demands all cell phones used in the business be rounded up for evidence in discovery? What does one do in a case where your employer tells you to turn in your personal cell phone, and you may not delete anything, lest you be accused of spoliation of evidence.? Your employer and all the parties are now privy to your personal emails, photos and possibly even all your passwords. Furthermore, you may or may not get your $300+ smart phone back, and if you do, it may take weeks or months. You may find your memory card gone or erased if you ever do get it back.
That led me to thinking about the broader issue of privacy and new technology, especially regarding drones. Drones have been a hot item in the news recently. There has been as much misinformation as information, and I wanted to set some of the record straight. This story is probably going to scare some people. I must admit, I am a bit nervous about this new technology and the future of privacy myself the more I learn about research projects in the works.