Drones and Unmanned Aerial Systems

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 DOI 10.1007/978-3-319-23760-2 ISBN 978-3-319-23760-2 (ebook) Library of Congress Control Number: 2015951633 Springer Cham Heidelberg New York Dordrecht London Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)

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 University 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 Theorizing Drones and Droning Theory... 21 Mark Andrejevic 3 The Political and Moral Economies of Dual Technology Transfers: Arming Police Drones... 45 Kristin Bergtora Sandvik Part II Drones Between Privacy and Security 4 The (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 The Predators Rule of Terror... 157 Vasja Badalič Part IV Drones and International Air Law 9 An Analysis of Unmanned Aircraft Systems Under Air Law... 185 Pablo Mendes de Leon and Benjamyn Ian Scott Part V Domain-Specific Uses of Drones 10 Droning on About Journalism: Remotely Piloted Aircraft and Newsgathering... 217 David Goldberg 11 Drones, 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 Yggdrasil 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 Ausländisches 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 Surveillance 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