Government

Directive: Air Force Can Evaluate Information About You Collected by Drones — if It‘s ’Incidental’

Air Force Has 90 Days to Evaluate Incidental Information About You Collected by Drones

(Photo: U.S. Air Force via Wikimedia)

With the recently enacted Federal Aviation Administration Reauthorization Act allowing for regulations that will open up the sky to more unmanned aerial vehicles by 2015 and more news spreading about the amount of drones used by local law enforcement, there has been growing concern over their pervasive nature spying on American citizens. As Wired notes, “nonconsensual surveillance” by the military is a no-no, but a directive for the Air Force was recently revealed showing that if the information picked up by the drone was “incidental,” it can be maintained and reviewed for a length of time.

Wired has more:

“Collected imagery may incidentally include US persons or private property without consent,” reads the instruction (.pdf), unearthed by the secrecy scholar Steven Aftergood of the Federation of American Scientists. That kind of “incidental” spying won’t be immediately purged, however. The Air Force has “a period not to exceed 90 days” to get rid of it — while it determines “whether that information may be collected under the provisions” of a Pentagon directive that authorizes limited domestic spying.

In other words, if an Air Force drone accidentally spies on an American citizen, the Air Force will have three months to figure out if it was legally allowed to put that person under surveillance in the first place.

Here’s exactly how the directive puts it:

Information inadvertently received about US persons may be kept temporarily, for a period not to exceed 90 days, solely for the purpose of determining whether that information may be collected under the provisions of Procedure 2, DoD 5240.1-R and permanently retained under the provisions of Procedure 3, DoD 5240.1-R. If there is any doubt as to whether the US person information may be collected and permanently retained, the receiving unit should seek advice through the chain of command, Judge Advocate General (JAG), or IO monitor.

[...]

Incidentally acquired information reasonably believed to indicate a violation of federal law shall be provided to appropriate federal law enforcement officials through AFOSI channels.

Information incidentally acquired during the course of Air Force counterintelligence activities reasonably believed to indicate a violation of state, local, or foreign law will be provided to appropriate officials IAW procedures established by the Commander, AFOSI. Information incidentally acquired during the course of Air Force foreign intelligence activities reasonably believed to indicate a violation of state, local, or foreign law will, unless otherwise decided by AF/A2 for national security reasons, be provided to AFOSI IAW procedures established by the AF/A2, or his/her designee, for investigation or referral to the appropriate law enforcement agency. Information covered by this paragraph includes US person information (See paragraph 12.).

While some of this drone use is to evaluate natural disasters, collect information on the environment and to monitor its own military bases, Wired points out where this collection of data becomes concerning is when “accidental spying provides an entrance point into deliberate investigations, all done without a warrant.” It provides this example:

So what begins as a drone flight over, say, a national park to spot forest fires could end up with a dossier on campers getting passed on to law enforcement.

Wired considers this oversight of intelligence activities “ironic” as it is meant to help prevent pervasive spying while using this technology. Still, the directive does include a measure in which it states information collected on citizens must be done so legally and in the using the “least intrusive means possible,” which includes using public information, obtaining consent of the citizen, or following the proper legal channels.

Comments (61)

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  • Maxmax123
    Posted on May 9, 2012 at 11:50am

    RE:”indicate a violation of state, local, or foreign law will,“ What the heck is ”Foreign law” mean?

    Report Post »  
    • EricAZ
      Posted on May 9, 2012 at 2:06pm

      It’s from para 11.12.2.2. Other violations of law. My read of that paragraph (25 years in the USAF) is when we’re doing recon overseas and the intel folks see something they know is illegal in that country (say growing opium in Afghanistan) then they are required to pass that info to the Air Force OSI who will pass it on to the foreign authorities if it doesn’t violate our national security. To me it’s pretty straight forward.

      Report Post »  
  • thankfulness
    Posted on May 9, 2012 at 7:52am

    Getting to the point where I am not going to read anymore articles. This is it. Whether this is true or false. Maybe hyperbole, exaggerated and over reading into what is going on? Even if all that we read here is true there is nothing anyone can do. All anyone can do is go on with day to day business take good care of family, help out our neighbors and just be basically good people. I am done trying to keep up with everything and trying to analyze everything. Just make sure we do the best we can to be the best we can be and just do the right thing where we can. The serenity prayer comes to mind. Who really knows what is true, false, hyperbole or cause for concern. Too much information and some is true some is not and some is partly true. In the mean time we all have our own families and communities to take care of. I am signing out and just living and let live. Peace to all.

    Report Post »  
    • thankfulness
      Posted on May 9, 2012 at 9:40am

      Just adding one more thing. If the drone planes are true. Most likely they will be using it much the same way as police cars and motorcycles. It really is not all that sinister. I am sure when people saw the first police car of first helocopter some people may have been alarmed. As long as the drones are used properly and reasonably it is a good thing. Technology in itself is neither good nor bad. It is how it is used that matters. If they are only going after people who are a threat that is a welcome tool. If they are used for control or ill will….that is another matter. If you are doing the right thing, being good to people this is nothing to worry about. I think that our system is solid and we are fine. I greatful that I was born at the time and place where I was. I think we all are very lucky indeed.

      Report Post »  
    • astrogolf
      Posted on May 9, 2012 at 10:15am

      That a boy. Stick your head in the sand. Just like the good citizens of Germany did in the 1930′s. Afterall, what can we do, right?

      Report Post »  
    • recoveringneocon
      Posted on May 9, 2012 at 10:47am

      Add this to just the Patriot Act and Nation Defense Authorization Act and what do you have. Don’t you just love the names of this Laws, makes you feel more American to support and enforce them. Someone should look into who it is that is supporting and passing these bills in Congress.
      Glenn started to.

      http://www.theblaze.com/stories/see-becks-passionate-interview-with-allen-west-over-indefinite-detention-bill-stance/

      Report Post » recoveringneocon  
    • thankfulness
      Posted on May 9, 2012 at 11:15am

      Call me gullible if you will. But I believe that the Constitution of the United States was different than the constitution of the Wiemer Republic. And The United States has a good balance of power. I also think that there are many major difference between the history of Germany and that of the United States. You can not even compare a German conservative and and American Conservative. In Germany many people looked back on Bismark and wanted to move back into that direction. Americans are more interested in trying to live up to the constitution. And not only that there is a lot more balance of power. Not to completely dismis the concern. Just to put everything into perspective we have much to go for us not to go down that path. That is why I am not worried about these reports. We are not in Germany and we are not going to have the same thing happen here. I doubt that we will fall under either communism nor fascism. Our constitution and system is very very strong, I have faith that we are able to keep our wits about us.

      Report Post »  
    • recoveringneocon
      Posted on May 9, 2012 at 3:43pm

      thankfulness
      Your kidding right? Name one just one Federal bill that has been signed into law in the last 10 that has brought us closer to the Constitution. Oh what the He!! name one in the last 20 years. Just by chance you can name one, I bet naming 10 fold of laws taking us closer to the Weimar Republic will be easy. Please prove me wrong, so I can quit worry of about this nonsense
      .

      Report Post » recoveringneocon  
  • ContinentalArmy
    Posted on May 9, 2012 at 3:17am

    It appears the Blaze is Communist!!

    Report Post »  
  • ContinentalArmy
    Posted on May 9, 2012 at 3:13am

    Evaluate this, Fly that damn thing in my Air Space and I’ll have a Drone just like Iran!! Bring it Down and NOT GIVE IT BACK! I Greatly Respect Our Military but when they start Spying on American Civilians well Enough Is Enough!!! This Government Under Obama Needs Brought Down A Big Notch Or Two!!! Me back down: Like Hell, just keep on Dreaming! I was raised American and I’ll damn well Die American, That Will Be All.

    Report Post »  
    • christopher.duncan2388
      Posted on May 9, 2012 at 4:48am

      I don’t get it with you people… Would you also shoot down a law enforcement helicopter for flying through “your” airspace? Or how about blowing up the cops car parked down the block because it’s dashcam is pointed in the general direction of your driveway, I mean if you have a UAV hovering over your back yard that’s one thing, but otherwise it’s just another tool for law enforcement

      Report Post » christopher.duncan2388  
    • objectivetruth
      Posted on May 10, 2012 at 11:25am

      @CHRISTOPHER
      Its not the same.Big difference in sending in the overhead drones.We have no way to effectively tell if they are even our military[talk about trust] or even law enforcement.We at least know the cop down the street has a high probability of being legit.Pointing a dashcam near your driveway may be a good thing or merely an annoyance for some.If the officer is harrassing someone they can be weeded out.You can’t say the same with this tech as its so new.I think he is more freaked as to who might be using it.Look I‘d like to think the terror cells in this country couldn’t get there hands on one.I’m not willing to bank anyones life on it though.Before you single handedly dismiss him consider that fact please.I have that same apprehension myself.I’m not willing to harm people over it though.

      Report Post »  
  • Mary Just
    Posted on May 9, 2012 at 12:39am

    Further and absolute proof on what total cowards Americans are.

    Report Post »  
  • actualconservative
    Posted on May 8, 2012 at 11:23pm

    The law to disappear you was written into the last defense bill. Then they backed into how to find you.

    Report Post »  
  • SweetDoug
    Posted on May 8, 2012 at 10:57pm

    When did we allow the weasels and the wordsmiths to dazzle us with this utter ******** verbiage, such that they can now write laws that state that they can go ahead and do something, then figure if out if they actually can do it?

    This is ridiculous to be discussing this. They are going to do whatever they want, and that IS the message. They’re just massaging it for the useful idiots.

    At some point, they’re going to turn it on the people.

    Where will love get us then?

    •∆•
    V-V

    Report Post » SweetDoug  
    • Marci
      Posted on May 9, 2012 at 3:11am

      I thought that was amazing to SweetDoug–they authorize their illegal act by allowing themselves to keep it for 90 days. By then, they have what they need. This is the same thing as the WH investigating themselves and miraculously always clearing themselves.

      Report Post » Marci  
    • EricAZ
      Posted on May 9, 2012 at 2:14pm

      Drones by their nature collect a lot of video & intel as they travel. After reading this with my 25 years in the USAF experience, I see a simple directive saying “Hey, if you see illegal activities by US citizens, notify unit commander, AFOSI, etc and they’ll have 90 days to verify if it can be passed on legally. Otherwise, it’ll be destroyed.”

      I realize it looks & sounds bad. But, you need to have procedures in place so folks know what to do when they run across that situation.

      Report Post »  
  • kingbullnuts
    Posted on May 8, 2012 at 10:19pm

    we gotta put an end to this crap

    Report Post »  
  • thegodfather
    Posted on May 8, 2012 at 9:34pm

    That’s just great. Everybody has a drone except me.

    Report Post » thegodfather  
  • Quasimofo
    Posted on May 8, 2012 at 8:31pm

    And if my Barrett .50 knocks one out of my sky, it’s “accidental.”

    Report Post »  
    • ccnav90
      Posted on May 8, 2012 at 8:39pm

      Incidental indeed also, for when I go hunting, and some big wing-spanned game lines up in my sights…that important drone thing best not get more incidentally in my way of leading my shot to take down a duck. No rabbit season, duck season!

      Report Post »  
    • ICRedifURBlue
      Posted on May 8, 2012 at 9:50pm

      That’s the plan………Shoot’em down on site……..sell it back when they come to get it.

      Report Post »  
  • ccnav90
    Posted on May 8, 2012 at 8:22pm

    I never mentioned the military in any way in my original passage. Look closer, closer…

    Report Post »  
  • recoveringneocon
    Posted on May 8, 2012 at 8:17pm

    Here are a few of the so called Conservatives stealing our liberties and Freedoms

    Rep. Allen West
    Rep. Mike Rogers
    Rep. Michele Bachmann
    Rep. Paul D. Ryan
    Rep. Eric I. Cantor

    Yep they all voted for HR 658 Federal Aviation Administration

    Report Post » recoveringneocon  
    • ccnav90
      Posted on May 8, 2012 at 8:31pm

      As with all programs in the Military, it is how you use it. Cite the laws, the debates, the amendments tacked on and the Political/Historical context before you declare Republicans only. Democrat Agent Provocateurs are very conspicuous. And Administrative Oversight of these Boards is not limited to the Blaze Staff: the White House has it’s beloved Obama Truth Teams in play too.
      Skepticism with critical thought and reason always filter and recognize the scent of the disingenuous. Be cautious not be their friends if your altruism here is to be meaningful.

      Report Post »  
    • hidden_lion
      Posted on May 8, 2012 at 9:00pm

      CC-
      Not republicans only, he just listed them because all dems are known to be traitors. These “republicans” are supposed to be on the right side, the side of liberty. Their treason is worse.

      Report Post » hidden_lion  
  • dhuge67
    Posted on May 8, 2012 at 8:04pm

    What, are you trying to turn people against the Armed Forces? I served in the Army as an Officer and I can tell you, the best that the Government has to offer is by far the Armed Forces; so please don’t go tearing them down because you have some ridiculous conspiracy theory. It’s starting to look absurd.

    Report Post »  
    • ccnav90
      Posted on May 8, 2012 at 8:21pm

      I am a Retired Veteran of a few recent GWOT Interventions in many Beach locked vation spots. I have served too and speak from some experience. It is not the Armed Forces that anyone fears, hoozah! No one cares to stress out the Police at all. The citizenry should not suffer soft nor harshest Tyranny. And Conspiracy Theories aren’t theories if they are more truth and fact than your opinions can muster.
      Please fellow honorable Veteran, read my passage again. And give it another try, having once failed to ridicule my view as one of self-serving folly. Thanks for desiring to keep me honest, good sir!

      Report Post »  
    • korbin
      Posted on May 9, 2012 at 12:34am

      For all the vets going after each others posts?? remember your oath? they want us all to focus on the wrong things and be suspicious of each other. DO NOT let them win, it is WE the people, and if all oath takers keep their oath we will have a fighting chance. oathekeepers.org
      They are trying to pit us against ourselves. KEEP your oath reaffirm if you have forgotten it. Or Government is made up of oath breakers it’s their career pass a bill/law and let the courts determine the Constitutionality wrong. they as individuals need to evaluate for themselves and determine the Constitutionality prior to voting. The folks operating these drones have taken an oath as well, all they have to do is ask themselves?????? am I upholding and defending the US Constitution? stand down. You are willing to die for our country in a foreign land don’t be willing to obey an unlawful order against your fellow US CITIZENS.

      Report Post »  
  • ccnav90
    Posted on May 8, 2012 at 7:38pm

    Sneak and Peek, with the same 90 day gathering timeline like the key logger that is presently, likely, in my computer at home for the almighty Dumasse Family members of our American Tribe that do so without warrant on Persons of Interest. Then after the 90 days is up, the warrant is obtained and issued for service on the unknowing dupe that has had his life pre-evaluated and edited on his own computer in his own home to be seized at the time of the Federal backed lackeys that show up to take you for interrogation under indefinite timeling, never arresting you so as not to Mirandize you or get you your lawyer and Bill of Rights.
    Now facing a judge only happens if you haven’t spent half the preceding years in Rendition in Guitmo or Heaven forbid they splurge and send you to some place like Abu Graib for a hot Beach Boxed vacation. You then will agree to whatever version of revised history they present as prima facie evidence as habeus corpus is reinstated just in the nick of time to afford you one of their own best Defense Attorneys with a bad case of Narcolepsy and a set retainer. You will enjoy the club-like atmosphere of your new found prison to be adequate to their needs after you beg to confess and stop any future drinking problems you have sworn off after all those wild nights of water intoxication, felt like torture you poor little guy, didn’t it? DIDIN’T IT!
    But We’re with the Government, We do our Homework, We have the best laid intentions, and We’re here to HEL

    Report Post »  
  • The-Monk
    Posted on May 8, 2012 at 7:04pm

    I may be wrong but, the word incidental comes from the word incident. The definition of incident is;

    http://www.bing.com/Dictionary/search?q=define+incident&qpvt=incident+definition&FORM=DTPDIA

    in·ci·dent[ ínssid'nt ]NOUN
    in·ci·dents plural

    1. event: something that happens, especially a single event
    2. violent occurrence: a public occurrence, especially a violent one
    “an incident outside a nightclub”
    3. event with potentially serious consequences: an event that may result in a crisis, especially one involving different countries
    ADJECTIVE
    1. related to something: accompanying something or occurring as a consequence of it ( formal )
    2. touching or striking: coming into contact with a surface

    The definition of incidental is;

    http://www.bing.com/Dictionary/search?q=define+incidental&qpvt=incidental+definition&FORM=DTPDIA

    incidental
    Definition
    in·ci·den·tal[ ìnssi dént'l ]ADJECTIVE
    1. related or accompanying: related to or accompanying something more important
    2. occurring by chance: occurring by chance or without intention
    3. occasional: unimportant or occasional
    4. resulting from something: occurring as a result of something ( formal )
    NOUN
    in·ci·den·tals plural
    1. minor item: something that is occasional or unimportant, e.g. a minor expense

    If the Government sends a drone up to record an incident then any incidental information is not incidental by “common definition” but is incidental by “legal” definition.

    Report Post » The-Monk  
  • Laus Deo
    Posted on May 8, 2012 at 6:55pm

    Incidentally, this government, in present form, can kiss my constitution-abiding azz. Our family is ready to counter the cowards.

    Report Post » Laus Deo  
  • FromSeaToSea
    Posted on May 8, 2012 at 6:36pm

    “To sit back hoping that someday, some way, someone will make things right is to go on feeding the crocodile, hoping he will eat you last — but eat you he will.” Ronald Reagan

    Fear is the foundation of most governments. John Adams

    Power always thinks… that it is doing God’s service when it is violating all his laws. John Adams

    The right of a nation to kill a tyrant in case of necessity can no more be doubted than to hang a robber, or kill a flea. John Adams

    Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties. Abraham Lincoln

    We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution. Abraham Lincoln

    Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.
    Ronald Reagan

    “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure.” Thomas Jefferson

    “What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value.” Thomas Paine

    Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions.” James Madison

    Report Post »  
    • SNOOPALOOP6868
      Posted on May 8, 2012 at 8:27pm

      Your list was ok til abraham lincoln…He suspended the constitution and implimented marshal law…Ck your history

      Report Post »  
  • Mark0331
    Posted on May 8, 2012 at 6:20pm

    The Posse Comitatus Act is the United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) that was passed on June 18, 1878, after the end of Reconstruction. Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of local governments and law enforcement agencies in using federal military personnel to enforce the laws of the land. Contrary to popular belief, the Act does not prohibit members of the Army from exercising state law enforcement, police, or peace officer powers that maintain “law and order”; it simply requires that any authority to do so must exist with the United States Constitution or Act of Congress. In this way, most use of the Army and the Air Force at the direction of the President does not offend the statute, even though it may be problematic for other reasons (politically).

    …we are in dangerous waters with these actions by this Government….‘Incidentally’, don’t you all just love paying taxes to make sure that We, The People, are considered the enemy at all times?

    Report Post » Mark0331  
    • objectivetruth
      Posted on May 10, 2012 at 11:45am

      Yes we have paid to enslave ourselves and even turn ourselves over to the next genocide.Let me elaborate
      CAPTA 1974 Destroying the family.Violation of the fourth fith and tenth amendments,We have spent countless billions making sure that any idiot who can dial a phone can harm our children.Countless billions in fraud coercion and deceipt.Industry screams don’t touch that it provides jobs.Yeah so did the gestopo.They finally got shot down.How long will it take for y’all.
      Dept of Education Countless billions wasted to fraud misuse and stupidity.Training camps and indoctination centers paid for with our own tax dollars.Subversion for profit.Same scream as above
      Obamma care The underpinnings for widespread imprisonment and genocide.Billions paid for our own demise.Also same scream as above.
      I could go on almost indefinitely.There is nothing that they haven‘t touched and contaminated The list is so long it would be easier to state that which they haven’t done.

      Report Post »  
  • TRILO
    Posted on May 8, 2012 at 6:15pm

    Thank you SCOTUS for opening this door. California v. Ciraolo (1986)

    Report Post » TRILO  
  • soybomb315
    Posted on May 8, 2012 at 6:10pm

    This is an example of why i support ron paul. Who else is going to stop this monster of a government?

    I will not comprimise my principles

    Report Post » soybomb315  
    • MCDAVE
      Posted on May 8, 2012 at 6:35pm

      Some one has to stop all those bake sale moms and other conservative criminals..big brother needs his eye in the sky…

      Report Post »  
    • FromSeaToSea
      Posted on May 8, 2012 at 6:40pm

      If Obama was in Your shoes and mine what would He do? Organize
      If Soro was in Your shoes and mine what would He do? Organize, Organize, Spend and Organize, Organize….

      Report Post »  
    • justangry
      Posted on May 8, 2012 at 7:08pm

      Hopefully all the folks he’s inspired to get involved, Soy. I do hope I get jury duty sometime when they present evidence collected by this crap. I’ll hang that jury in a heartbeat.

      Report Post » justangry  
    • recoveringneocon
      Posted on May 8, 2012 at 8:25pm

      We have been talking about HR 658 Federal Aviation Administration Act for months now and now its a news article??? You think any of the sheepel are going to wake up in time or are we just wasting our time?

      Report Post » recoveringneocon  
    • OperationNorthwoods
      Posted on May 9, 2012 at 12:27am

      Don’t worry Mitt Romney will stop this tyranny.

      Report Post » OperationNorthwoods  
    • justangry
      Posted on May 9, 2012 at 2:28pm

      @operation… funny.

      Report Post » justangry  
  • momrules
    Posted on May 8, 2012 at 5:44pm

    How much information do you think they will gather *incidently* now?

    Report Post »  
  • 1casawizard
    Posted on May 8, 2012 at 5:30pm

    Ain’t this just great. I have to carry an umbrella with me now.

    Report Post » 1casawizard  
  • 13th Imam
    Posted on May 8, 2012 at 5:13pm

    Can they scan the Roadway’s and if they “incidentally” see illegal aliens driving or walking , can they be deported??? Or if they “ incidentally” see DEMOCRATS are going to blow up bridges, can they be arrested??

    Report Post » 13th Imam  
    • Livia
      Posted on May 8, 2012 at 6:22pm

      Can they scan the Roadway’s and if they “incidentally” see illegal aliens driving or walking , can they be deported???

      Why on earth would they deport them, the illegals are just more dimmicrap voters. Anything relating to the dimmicraps would be tossed to the side ASAP as there would be no reason to keep it. :o/

      Report Post »  
    • recoveringneocon
      Posted on May 8, 2012 at 8:20pm

      13th Imam
      These are Your so called Conservatives doing this to Americans. You Fool!!!

      Report Post » recoveringneocon  
  • lukerw
    Posted on May 8, 2012 at 5:11pm

    “Drone” me!

    Report Post » lukerw  
  • moussiagilda
    Posted on May 8, 2012 at 5:11pm

    Love unites us.

    Report Post »  
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