Archives

Commentary

When North Carolina lawmakers passed a law last year mandating drug testing of public benefit recipients modeled (at least in part) on a law in Florida, civil liberties and anti-poverty advocates told them it was a bad and unconstitutional idea.

Today those advocates are feeling some vindication as the U.S. Court of Appeals for the 1tth Circuit stuck down Florida’s law. This is from the New York Times story:

The three-judge panel of the United States Court of Appeals for the 11th Circuit, in Atlanta, ruled that the law, one of the strictest in the country, was an unreasonable search because Florida officials had failed to show a “substantial need” to test all people who applied for welfare benefits. Applicants were required to submit to urine tests, a measure that Mr. Scott said would protect children of welfare applicants by ensuring that their parents were not buying and using drugs.

“The state has not demonstrated a more prevalent, unique or different drug problem among TANF applicants than in the general population,” the panel said in its unanimous decision, using an acronym for Temporary Assistance for Needy Families.

North Carolina’s law is not identical, but the same basic logic ought to apply: If we’re going to start doing forced bodily searches of welfare recipients, there’s no logical reason the state shouldn’t be able to mandate such tests for all recipients of public benefits — from college students to Social Security beneficiaries.

let’s hope this decision heralds th beginning of the end for such invasive and ill-conceived programs.

Uncategorized

Drone 2As Sarah Ovaska reported this morning in her story on some of the hidden gems in this year’s state budget bill, North Carolina now has – with virtually no meaningful public discussion — a new and flawed law on the use of those cute little aerial spying machines known as “drones.”

Unmanned aircraft, also known as drones, can no longer be used by people or state agencies to conduct surveillance without landowners’ consent. The law carves out some exceptions for law enforcement and media covering news event, and makes adding a weapon to a drone a felony. Outdoorsmen and outdoorswomen need to pay attention: using a drone to hunt or fish is now a misdemeanor. Some of the wording in the budget still leaves questions about how to legally use drones, and the new rules may make it difficult to use drones to take photographs or video for artistic purposes, said Sarah Preston, of the ACLU of North Carolina. “There’s still a lot of stuff that’s left up in the air,” she said.

One of the state’s most active and engaged critics of drone use and the backroom efforts of politicians with connections to the drone industry is Asheville activist/advocate Barry Summers. Yesterday, Summers authored a forceful critique of the new law in the Asheville Citizen-Times. As Summers notes:

During the final days of the budget train wreck in Raleigh, H1099 (Unmanned Aircraft Regulation) was slipped anonymously into the 2014 budget. This is the perfect, shameful and shabby end to a process where the GOP-led NCGA has failed to protect our civil liberties. Read More

Uncategorized

Drone 2North Carolina lawmakers moving quickly ahead with troubling proposals to rapidly expand law enforcement surveillance via unmanned “drone” aircraft should take a look at the newest poll numbers on the subject.

This is new from the good folks at the ACLU of North Carolina:

Poll: 72% of North Carolina Voters Support Warrant Requirement for Drone Surveillance

As State Legislative Committee Studies Ways to Regulate Drone Use, New Poll Shows Overwhelming Support for Warrant Requirements to Protect Privacy   

RALEIGH – Seventy-two percent of North Carolina voters believe law enforcement and other government agencies should be required to obtain a warrant from a judge before using a drone, or unmanned aircraft, to conduct surveillance on a private citizen, according to a new poll released today by the American Civil Liberties Union of North Carolina (ACLU-NC) and conducted by Public Policy Polling. Only 13% of those polled said they did not support the warrant requirement.   Read More

Uncategorized

Drone 2The debate over the use of drones – especially by domestic law enforcement agencies – is an issue that’s drawing lots of attention these days as more and more citizens and public officials of all political persuasions worry about the privacy implications.

Last year, the North Carolina General Assembly considered a promising bit of legislation (”The Preserving Privacy Act of 2013”) that would have prohibited individuals and government agencies, including law enforcement, from using drones to gather evidence or other data on individuals without first obtaining a warrant that shows probable cause of criminal activity. The bill included an exception that would have allowed law enforcement to use a drone to conduct searches if the agency possesses “reasonable suspicion” that immediate action is necessary to prevent certain types of immediate harm.

Unfortunately, the bill never advanced and now things appear to be headed in a distinctly different direction. Read More