Is Alameda County's Sheriff Still Planning on Pursuing a Drone?

Today, we sent a letter to the Alameda County Sheriff asking him whether he plans to pursue his earlier-announced plans to acquire a drone. Budget documents we obtained through a Public Records Act request suggest that he is not planning to acquire a drone in Fiscal Year 2013-14. But a conclusive answer from his office would provide the public with the clarity and transparency it deserves.

Last December, the Sheriff's Office included an easily overlooked request for approval to accept grant funds for a drone on the Board of Supervisors' agenda. The Sheriff ultimately pulled the request, stating that he had intended the matter to get a full hearing all along. The Public Protection Committee held a hearing in February, at which the ACLU, other privacy groups, and members of the public raised numerous concerns. The Committee made no decision on the Sheriff's proposal and since that time, the status of his proposal has been unclear.

Since then, we've been monitoring the Sheriff's next steps. Documents we recently obtained from the Sheriff's Office regarding his budget for the coming 2013-14 fiscal year reflect a $1,962,720 capital budget for equipment purchases as well as an additional $3,303,788 budget for capital equipment, to be supported through grants. The equipment sought to be purchased in FY 2013-14 includes servers, portable radios, and equipment for the Sheriff's Office Dive Team, among other things. But there is no mention of a drone.

That may mean that the Sheriff no longer intends to buy a drone. Or it may not. Other agencies, such as the Los Angeles Police Department, have acquired surveillance equipment through outside donations that don't necessarily flow through the entity's public budget.

Given the important civil liberties issues at stake, it's essential for the public to know whether the Sheriff intends to proceed with his plans to acquire a drone. We're looking forward to the Sheriff's response.

Update

Alameda County Sheriff Greg Ahern responded promptly to our letter this afternoon and informed the ACLU via email that he has not ruled out the possibility of acquiring a drone. He made clear in his email to the ACLU that while he is not actively shopping for a drone at this time, his staff is still working on a set of proposed guidelines outlining how a drone would be used. He stated that once his staff completes the draft guidelines, he will decide whether to pursue the drone. Any acquisition would be supported through a grant, general funds, or a donation.

So it is very clear that now is not the time for complacency.

It is imperative that the community remain vigilant about demanding transparency and an opportunity to contribute to the decision making process of whether to acquire a drone. If a drone is ever acquired, strict safeguards must be put into place to ensure that drones are not used for warrantless mass surveillance.

Linda Lye is a staff attorney with the ACLU of Northern California.