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 citizens from the emergence of 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.
Arnold Hanuman, an attorney for the Colorado District Attorneys’ Council, responded by pointing out that frivolous cases would be checked by a jury.
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 on the state level. The federal effort could take years to implement.
Those in the drone industry worry about focusing too much on unmanned aerial vehicles themselves.
“Technology should be agnostic. The delivery mechanism should be agnostic,” said Allen Bishop, founder of Reference Technologies, the Lafayette-based distributors of drones. “If you couple the two together, that’s where the industry can take a tremendous hit.”
