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Drone bill addressing privacy concerns yet to soar

Vote delayed addressing issue
Colorado lawmakers are debating how to protect residents from an invasion of privacy as a result of the emergence of drones. A bill to address the issue was delayed Tuesday as lawmakers continue to work on the complicated issue.

DENVER – Colorado lawmakers on Tuesday delayed a vote on a measure that aims to crackdown on spying through the use of drones after concerns were raised that the bill would turn even regular camera users into criminals.

House Bill 1115, sponsored by Rep. Polly Lawrence, R-Littleton, started with good intentions – to protect the privacy of residents from drones, which can take stealth photographs from the air.

But an amendment to the bill would take the focus away from “unmanned aerial vehicles,” instead applying the measure to a wide range of “emerging technology,” including any “artificial, mechanical or electronic” device.

Some lawmakers worry that the revised bill is too broad, moving away from the original intent, which was to focus on drones.

Instead, a wide spectrum of individuals using cameras and smartphones could face a misdemeanor as a result of the current proposal.

“Doesn’t this law make it a crime to knowingly take a photograph of somebody under circumstances where they have a reasonable expectation to privacy?” asked Rep. Daniel Kagan, D-Cherry Hills Village, chairman of the House Judiciary Committee, where the bill was heard. “Anybody who knowingly takes a photograph has almost committed a crime.”

Arnold Hanuman, an attorney for the Colorado District Attorneys’ Council, responded by pointing out that frivolous cases would be checked by a jury.

“You’re not going to be in a misdemeanor until a jury says you are, and you’re going to have 12 people who are going to look at the facts of the case and look at the circumstances,” Hanuman said.

The bill comes as the U.S. Department of Transportation’s Federal Aviation Administration has proposed regulations that would govern the use of drones, potentially making Colorado’s effort redundant.

But Lawrence believes Colorado should address the issue at the state level. The federal effort could take years to implement.

The bill could come up again in a fashion that points more specifically to drones.

“It appears to me that I need to work on the language of this to make sure the drafting of this is clearer and doesn’t criminalize photography,” Lawrence said.

pmarcus@durangoherald.com



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