EFF Urges Court to Review FAA Drone Recording Ban

• EFF and other civil rights groups filed an amicus brief in Levine v. FAA to challenge an FAA flight restriction that criminalized drone-based recording of federal immigration agents.
• Although the FAA rescinded the rule in April, the petitioner and supporters argue the court must still review it to prevent future reinstatement and address potential penalties for past conduct.
• The brief asserts that drone photography is protected information-gathering under the First Amendment, similar to mobile phone recordings.

Key Arguments

• Drones provide unique, affordable, and safe aerial perspectives that are crucial for documenting protests, police conduct, and public interest events.
• The restriction appeared to be a content-based attempt to shield DHS, ICE, and CBP operations from public scrutiny rather than a legitimate safety measure.
• If proven to be content-based, the restriction is subject to strict judicial scrutiny and should be ruled unconstitutionally overbroad.

Implications

• The case is seen as a vital test of the government's ability to use regulatory power to undermine public oversight.
• With the government increasing spending on anti-drone technology, activists fear these tools could be used to suppress journalism and impede the documentation of official misconduct.