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Drone Issues, Concerns, Controversies

3/6/2013 11:08:37 PM

Drone Issues
Drone Controversies worth investigating.
Collected by Alister William Macintyre This is a reference list of alleged issues in need of clarification, which I am working through in my other Drone documents. The list starts with those I have seen in news media, and social media. Towards the end I identify additional issues I have encountered in my research, most of which are not getting wide coverage in news and social media. Last updated 2013 March 05
Version 5.18

Table of Contents Drone Issues Introduction (3 Jan 11) .................................................................................. 2 Summary of Issues (3 Jan 11) !........................................................................................... 3 Legal Issues (3 Jan 24)................................................................................................ 5 Military Issues (3 Jan 11) ! ......................................................................................... 6 Privacy Issues (3 Mar 05) ........................................................................................... 9 Policy Issues (3 Feb 28) !............................................................................................ 9 Police Issues (2 Sep 30) !.......................................................................................... 14 Peaceful Summary (2 July 03) !.................................................................................... 15 Political Blow-Back (3 Jan 07) !................................................................................... 16 US Politicians (2 Sep 30) !........................................................................................ 17 Military Summary (2 Sep 30) !..................................................................................... 17 Military needed (2 June 27) ...................................................................................... 18 Military PR nightmare (2 Sep 30) ! .......................................................................... 19 Military Blowback (3 Feb 26) # ! ............................................................................. 19 Military Debates (2 Dec 03) ! ................................................................................... 22 Autonomous Drones (2 Nov 28)................................................................................... 23 Propaganda Theater (3 Jan 11) ! ................................................................................... 23 Security Theater (2 July 02).......................................................................................... 25 Police Summary (2 June 22) !....................................................................................... 25 Legislation needed (2 Oct 17)....................................................................................... 26 Domestic Privacy (3 Mar 02)........................................................................................ 26 More Discussion Implications (3 Jan 11) ......................................................................... 27 US Gov cans of worms (3 Feb 21)............................................................................ 29 Boats missed (2 Dec 20) ........................................................................................... 33 Drones for State-based espionage (2 Oct 17) ........................................................... 34 Back Doors and Manchurian Chips (2 Oct 15)............................................................. 35 Manchurian Stealth ATM Crooks (2 Oct 15) ........................................................... 35 Breaches detected by their damage (2 Oct 15) ......................................................... 36 Unknown Security (2 Oct 15) ................................................................................... 37 Making Breach Detection Impractical (3 Jan 11) ..................................................... 38

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

3/6/2013 11:08:37 PM

Other Issues (3 Jan 31) !.................................................................................... 39 Al Mac Research split (3 Jan 11) ...................................................................... 41 Drone Research Sharing Sites (3 Jan 11)...................................................................... 43 Contacting author (2 July 10) ................................................................................... 44

Drone Issues Introduction (3 Jan 11)


I have been studying whats going on with drone controversies, about alleged use of drones, which primarily fall into a few major categories: 1. Claims by leaders of US government that drones are an effective way to kill our enemies, and that there is no collateral damage. In other words, they claim that there are no innocent people killed or injured by US drones. Other governments, and UN investigations, have found very different conclusions. I explore this in my Drone Notes and Drone Scribd. 2. Allegations that for every one legitimate military target, there are ten innocent civilians killed by US drones, legitimizing a new form of terrorism, now being copied by other nations, undermining the rule of law. US government denies these statistics, but refuses to provide proof of their wrongfulness, citing military secrets. In my studies so far, I believe the ten figure is extremely inflated, but thanks to drone usage within repressive regions of the world, we may never know for sure. 3. As wars wind down in Iraq and Afghanistan, a vast fleet of drones are returning home to USA, seeking new missions. While info found via FOIA vs. FAA, indicates otherwise, most people believe the police will be using very advanced military drones to spy on innocent people, and there is grave concern how that data is to be used, and managed, within a reality of frequent breaches of all kinds of data. 4. There have indeed been some cases, where police used military drones to spy on people, without a search warrant, where we find out about them in the court rulings. I share what I have learned from those court rulings in my Drone Terms, organized alphabetically within the context of how the drones were used, or the constitutional issues involved. 5. How easy is it for terrorists and criminals to hijack drones, and use them in serious attacks? The government keeps saying this or that is highly unlikely, then we have an event showing us the government statements were totally wrong. This pattern has repeated so often, that few people trust anything the government has to say any more about drone safety. 6. Statistics indicate drones are much more likely to crash than aircraft with pilots inside, but much of these statistics are based on military realities. Even if they were equally safe, they operate on different principles than manned flight, increasing risk of crash, if both are in the same air space. 7. A large volume of commercial interests want to use drones, for what they say are legitimate purposes, so they are pressuring the government to legalize many more applications, and to make it simpler to operate them.

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

3/6/2013 11:08:37 PM

8. There are opportunities for drones to be used by a wide spectrum of interests, which operate outside the bounds of traditional concepts of civilized behavior, and conceivably threaten national security in ways outside the radar screens of personnel whose job it is to defend the nation. Here I summarize concerns, or issues about Drones, where my other drone documents try to explore the truth about whats going on, and what is needed. In my opinion, the USA needs the people who work in intelligence, police, and judicial authorities, to have a good grounding in the basics of: US Constitution, Bill of Rights, Privacy Laws, Citizen Rights. International Law, Universal Conventions of Human Rights. Security: How it can be achieved productively, without violating the above. Technology: How it can be used effectively, to achieve above goals. In many of the scandals which I have looked into so far, it seems evident that a major cause was having people in charge of intelligence, law enforcement, justice, and elected to high public office, who lacked a good education and understanding of those key areas, or who did not give a damn about them. In some cases, we had people ignorant of all those areas. Many people, whose views are published by news and social media, believe that the only way to achieve Liberties or Security is to sacrifice the other. Some of those people favor sacrificing Liberties and some favor sacrificing Security, for the purpose of achieving or maintaining the other. I do not share this belief. I want both Liberties and Security. In my other Drone documents evaluation of these issues, I try to explore how that could be achieved. My drone documents have a version # in their naming, which I increment as I replace with re-writes. In parentheses after each chapter heading is date in format (Year Month Day) when I last updated the contents of that chapter. So people with an earlier edition can see what has been updated since they last got a copy. Some chapter headings end in an exclamation point. These indicate either identification of a controversy, and-or links to what the facts may be. Some chapter headings have a number # sign at the end. These indicate chapters with specifics on counts of people killed. Other symbols may be added later. This helps correlation of conflicting info sources, in my further research.

Summary of Issues (3 Jan 11) !


There are major factual disputes between many sources over a wide spectrum of related issues, including:

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

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Legality of anyone buy, use, transport drones. I believe currently it is


legal for anyone in USA to have them, although FAA regulations are evolving over where they fly and for what purposes. One issue is which are still covered by regulations existing before recent rule making, such as for model planes, model rockets, radio controlled boats, toy cars, etc. Another issue is the threshold at which hobbyist drones, and peaceful scientific drones should require registration similar to that required for guns, cars, hazardous chemicals. Conspiracy Theory what is urban legend & what is legitimate concern? How people can be overwhelmed by Future shock and information overload, combined with negative advertising. Numbers of drones expected to be over USA cities by some future date. 1 Remember WW II dictim Loose lips sink ships. Does public discussion of military policies, strategy & tactics, practicalities, etc. place our troops and citizenry at risk of enemies learning from our talking?

People have misunderstandings, speculations. There are poorly researched and written articles, which are misleading. Some people deliberately create urban legends and other stories. Then other people jump on this perception of truth, in ignorance of it being bogus, while some jump on it because they have an agenda, or a bias. Over time, many peoples understanding of situations evolve, and their official statements about the situations also evolve. Some writers package information which ignores the fact that a particular persons most recent pronouncements accurately reflect current reality, matching that persons statements from a historical past with what we now know, to imply that person is out of touch with reality. Does this mean that the writers are ignorant, or deliberately promulgating propaganda? It is seldom obvious. Midwest Democracy writes June 19, 2012:2 QUOTE "When a story comes out about how government is misbehaving, then people who are suspicious of the government are much more likely to pick up on that information," said John Green, director of the Ray C. Bliss Institute of Applied Politics at the University of Akron. "In the online world ... this kind of phenomenon can happen literally at the speed of light." UNQUOTE But sometimes truth is stranger than fiction. There are also some good documents on the Internet, which further expand on these issues, and help us see potential talking points. ASP3 77 Strategic Context of Lethal Drones4 2012 Aug see the introduction
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http://www.google.com/hostednews/ap/article/ALeqM5hIaExjZo_SJvCNR9gpYff3pSasDA?docId=b224ea 8719ce4bbc9abec616653cad90 2 http://midwestdemocracy.com/articles/false-reports-of-epa-drones-over-midwest-farms-alarm-public/ 3 ASP = American Security Project http://americansecurityproject.org/

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

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DRONES - PRIVACY PARADOX: PRIVACY AND ITS CONFLICTING VALUES (120 Minute Video).5 DronesPrivacy Catalyst.6

Legal Issues (3 Jan 24)


Does the use of drones, or how they are being used, violate any laws? o International Laws,7 treaties. Should there be a UN convention on the use of drones, like there is for undetectable land mines and cluster ammunition? o Human Rights under UN, and regional organizations8 o Under International Law, and Human Rights treaties, how is the US supposed to meet legal obligations, to operate transparently and to ensure accountability for alleged rights abuses, and has the USA in fact done so? o National Laws in USA, or whatever nation is using the drones. 9 o National Laws in whatever nation, where the drones are being used. o National Laws in other nations, which criminalize violations of human rights.10 o In the USA, there are secret laws, associated with FISA, Patriot Act, and Classified military and intelligence operations, such that the general public cannot know all which is done in our name. Does the same kind of thing exist with UN and other international treaties, and if so, how do we know what nations are compliant with such regulations? There are claims that some drones, targeting small numbers of alleged enemies, have hit places where large numbers of innocents congregate, such as funerals, houses of worship, schools, transportation nexus, courts of law, lodging with significant extended family, etc. and apparently deliberately targeting first responders such as police, fire, ambulance, who respond to the victims of a drone strike. How do we reconcile such events with US leaders saying we try to avoid massive harm to an innocent general public, which happens to be at the same location?

http://americansecurityproject.org/issues/asymmetric-operations/the-strategic-effects-of-a-lethal-dronespolicy/ 5 http://cyberlaw.stanford.edu/multimedia/drones-privacyparadox-privacy-and-itsconflicting-values-video
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http://www.stanfordlawreview.org/online/drone-privacy-catalyst

In Drone Terms, see International Law, International Law Courts, and places they reference with see lists at the end, where I attempt to inventory where alleged violations of International Law can be resolved. 8 In Drone Terms, see Human Rights, Human Rights Law, Human Rights Regional, and the places they reference with see lists at the end, which have more info on institutions responsible for overseeing protections of human rights. 9 In Drone Terms, see National Laws, and the places it references with see list at the end, exploring this concept. 10 In Drone Notes, in section on International implications, I have a chapter on Pakistan, where grievances have gone all the way up to the Pakistan Supreme Court, which ruled that what the US is doing with drones, constitutes war crimes. This ruling does not seem to have had any effect on US policies.

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

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When someone is an innocent victim of drone use, to what court, or international body, can their family go to seek redress of grievances?11 Are there ways for the general public to protest drones, without going to jail in consequence?12

Military Issues (3 Jan 11) !


After 9/11, Congress approved a War on Terror, where the declared enemy was al Qaeda. o The USA is apparently winning the war with al Qaeda, while many other groups spring up with similar goals. At some point, al Qaeda will be gone. Will the Administration of Military and CIA need Congress to revise the approval of the War on Terror, to encompass the new enemies, which are replacing al Qaeda? Militant identification vs. innocent civilian. The USA claims 90% of the people killed by drones are enemies of our state. Pakistan authorities claim 99% of the kills are of innocent civilians, who are not enemies of USA nor Pakistan. Part of that issue is how an enemy vs. innocent is defined. 13 o Prior to the war on terror, an enemy was defined by the uniform of the nation whose troops they were part of.14 Now either the uniform is not recognized by the adversary, or the enemy does not wear uniforms, so enemy identification is by type of activity.15 For example, maybe someone going into a drug store to buy a drug which has been declared to be illegal, or having a government meeting, where no government is recognized by the attackers, or waiting for a bus or taxi to pick them up, and considered to be loitering. The point is that within some culture, some types of public gatherings are normal legitimate, but not recognized by attacking nation. o The USA has a combination of secrecy, and sliding policies, where a person killed by a drone is automatically a militant, unless there is some later proof that they were innocent. This sounds like the Puritan witch

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In Drone Scribd I review several reports on what has happened when people have sought redress of grievances associated with innocent victims of US drone strikes. In Drone Terms see Datta Khel Nomada Bus Station, where a Pakistan government approved Jirga was being held to settle a legal dispute about a local chromite mine. In attendance were 50 tribal elders, 35 lawyers, local police, representatives of all sides in the dispute, other community leaders. Then they were wiped out by a US drone strike, which the US claims was justified, but wont give out details why. The results included a regime change on the community. 12 http://www.globalresearch.ca/nonviolent-protester-of-drone-wars-sentenced-to-federal-prison I cant believe we are being told the whole story here. Did they trespass on the military base? https://www.youtube.com/watch?v=pz4bUS4rE4Q Apparently they id try to enter the airforce base to talk to restricted personnel: Drone operators and the commander. In my opinion, this is misguided. If you dont like what your nation is doing, go complain to the political leaders who decide what the nation is to do, not the military who have been given orders what to do. 13 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2129860 14 http://www.lawfareblog.com/2012/07/the-fundamental-transformation-in-the-law-morality-and-politicsof-war-individuating-the-responsibility-of-enemies/ 15 http://www.lawfareblog.com/2012/08/targeted-warfare-individuating-enemy-responsibility/

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

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trials try to drown a suspect, if they die then they were innocent, if they dont die in the drowning, then they must be killed by other means, such as burn at the stake, either way all suspects die. Pakistan asserts that a person is innocent until proven guilty. USA refuses to provide the proof, asserting secrecy in the undeclared war. Collateral damage vs. deliberate damage. The USA asserts the 10% killed who were innocent bystanders, that was just an accident, but since secrecy surrounds why a funeral or wedding was targeted, we really dont know. Paying informants for identities of targets, can lead to people using the occupying army to kill off their personal enemies, 16 and then tell other people pay me protection, or else I will tell the USA you are Taliban. This approach is ineffective in locating real enemies, and helps generate an increase in the local population which hates us. #s killed or maimed, how many children,17 innocents, legitimacy of targeting children. We have to kill their children in order to protect our children. This same justification is used on both sides.18 There is also a denial of the concept of blow-back by adversaries of such brutal warfare, against innocent civilians. Legitimacy of targeting public events, such as: first responders responding to a disaster caused by our military; funerals; weddings; schools. How often does this happen? Is it an aberration, or part of government policy? Assassinations around the world, which the US has been engaged in for a century, at least.19 Other nations have been doing this for much longer. 20 War not declared, but military hostilities, CIA assassinations, directed against people in a nation with which we are allegedly at peace.21 Targeting your own citizens (Does it happen? Is it legitimate?) vs. some other nations citizens. Blowback: Types & Risks. It is evident that when there is a public perception that the USA is killing innocents, this is a recruiting tool to swell the ranks of our enemies. When the apparent killing of innocents is on a large scale, like in Pakistan, it can poison US diplomatic relations.22

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http://scholarsandrogues.com/2012/11/24/admin-using-bad-info-for-drone-strikes-like-it-did-fordetainees/ 17 http://forusa.org/blogs/judy-bello/noor-behram-photographer-pakistans-drone-victims/11302 https://www.youtube.com/watch?v=eON9K0DNso8 18 http://www.huffingtonpost.com/robert-naiman/five-specific-questions-j_b_2020214.html http://www.fair.org/blog/2012/10/23/morning-joes-drone-debate-whose-four-year-old-girls-should-bekilled/ and note links in the comments. 19 http://www.counterpunch.org/2012/07/19/assassination-nation/print http://www.democratandchronicle.com/article/20120813/OPINION02/120810012?nclick_check=1 20 http://www.foreignpolicy.com/articles/2012/08/13/targeted_killings 21 http://www.cnn.com/2012/08/15/opinion/oconnell-targeted-killing/index.html?hpt=hp_bn7 http://www.lawfareblog.com/2012/08/mary-ellen-oconnell-has-a-new-article-on-drones-and-targetedkilling/ 22 http://www.theatlantic.com/international/archive/2012/07/yes-sometimes-drones-are-actuallyeffective/260260/

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

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The Wars: There are anti-war people who want to argue to infinity the
merits of how we got into some war in the first place, unwilling to address how best to solve any current crisis or reality. There are anti-war people who want us to rapidly exit any place where we have been fighting, without any effort at reconstruction there, so the result may become a failed state which will need to be re-invaded in a few years, and occupied for decades.23 So you see where I stand. Acknowledge mistakes, and learn from them. Deal with current messes, and work towards an improved reality, not repeat the errors of history. Geneva and Hague conventions are they to be considered dead, or are they to be renegotiated to reflect the realities of today, post 9/11. 24 How to define Freedom Fighters vs. Terrorists, and do they have any rights not to be killed, tortured?

I have started separate Drone (killer) Robots research notes, into the state-of-art of the development of weapon systems, which do their thing, without a human being in the loop, making decisions, for what the drone robots are to be doing. The decision-making process, for the drone robots, could be hidden from the general public, 25 like voting machines are today. We know they can be hacked, we know they can be used to produce results other than how humans voted, we just do not know all the details. Suppose, for whatever reason, a drone robot sprays its uzi at a crowd of innocents, or blows up a hospital or school.26 The legal system cannot punish the robot for violating the Geneva Convention. Does it go after:27 Informant who was paid to tell the intelligence community, that this crowd included enemies who needed to be killed. Engineers who designed its hardware, perhaps imperfectly. Scientists who designed its software, perhaps imperfectly. Military organizations which sent it out into the battle field. Contractors who supplied the armaments it is carrying. Hackers who got into its control systems, and made some changes. Leaders of nation which funded the creation of Sky Net. An insurance fund to help victims of robotic oops.
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http://inthesetimes.com/article/14189/ground_the_drones/ http://afgeneralcounsel.dodlive.mil/2012/12/16/crs-on-detention-of-u-s-persons-as-enemy-belligerents/ 25 http://eagle.ceu.edu/article/war-machines-minds-robots-take-place-soldi 26 We have already had such events occur with drone robots, where humans are in the loop. See for example in Drone Terms: Datta Khel Nomada Bus Station. This was a situation in Pakistan, where a court hearing was being held in the center of a town, to decide some issues associated with the local chromium mines. In attendance were all the top leaders of the community. A US drone attacked, killed everyone in the court session, essentially decapitating the local political and economic leadership. Pakistan court system called this a war crime, but the US is refusing to honor any responsibility for having done anything wrong. This demonstrates that the notion that humans can be held accountable is restricted to where their home nation, or the nation where they are currently located, actually wants them to be held accountable. Also see, in Drone (killer) Robots: Sky Net Parallels. 27 http://www.allvoices.com/contributed-news/5223454-the-ethical-and-moral-concerns-of-autonomousrobotic-systems

Drone Issues in folder: Studies / Drones

Drone Issues, Concerns, Controversies

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Some of the people designing components, used in killer robots, may not have known they were to be used this way. Consider for example, a computer operating system, a cell phone manufacturer. They design to do a good job in circumstances, where human lives are not dependent on the cyber system working perfectly. Can such manufacturers either ban such deployment, or have an arrangement where they are not held accountable for the misuse of their creations?

To the victim nation, it does not matter if the attack was intentional or not, they will assume it was intentional, and they might want to fight back. In International Law, nations can refuse to respond to the courts of other nations, or the International Courts of the UN, if they deem it in their national self interest.

Privacy Issues (3 Mar 05)


Thanks to governments ignoring privacy concerns for a long time, and the publics association of drones with war attacks, there is a visceral fear of how drones may be abused by authorities, leading to people across the political spectrum demanding that their privacy concerns be solved, before drones are in our skies. Some protests have led to police departments abandoning their drone plans. This may lead to bad laws restricting potential good uses of drones. 28 The nation urgently needs a reform of privacy laws, to factor in what new technology, like drones, can do.29 Be weaponized with non-lethal weapons which do kill; GPS tracking; License Plate tracking; Facial recognition tracking; Plant viruses on people phones and computers, to facilitate spying on them; Listening in on people phone conversations; Cameras in public spaces; Loss of private spaces; See through walls to inside people homes and offices; Detect weapons, which may be legitimately licensed; Measure heat of vehicles, to estimate how recently they were driven; Data bases of private info on people.

Policy Issues (3 Feb 28) !

Gun walking who responsible & who framed. Can it ever be stopped, or will
it continue, in programs with different names?30

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http://www.cnn.com/2013/03/05/opinion/calo-drones/?hpt=hp_c1 See Drone Police in Drone Terms. http://www.guardian.co.uk/commentisfree/2013/mar/05/drones-coming-home-skies-near-you-safer 30 I explore this issue within Drone Terms. So far, I have found that the USA has been arming Mexican Cartels, at least since the Bush administration, but the Attorney General and President did not know it was

Drone Issues in folder: Studies / Drones

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Drone Issues, Concerns, Controversies

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Morality Some people believe, that if used properly, assassinations via drones
are a superior approach from a moral and ethical perspective, than other means of doing assassinations.31 Other people feel that there is a clash with our values, in how the drones are being used.32 Then there is the whole topic of the morality of our nation being a killer in the world.33 There are fears that over-simplifying drone realities for politicians will make them more eager to approve attacks worldwide.34 Meanwhile, some elements of government feel that criticizing policy is the same as being a terrorist.35 Political oversight existence & competence Breach protection political will, competence to implement Have drones been designed like SCADA ignoring cyber security risks until it is too late, our civilization is utterly dependent upon vulnerable technology? Technology advances at Internet speed, cyber and other security upgrades cannot keep pace. What is doable in malware, hacking, hijacking vs. drones, communications with tiny radios in tiny drones? Should drones have Who I am identification like manned aircraft, which airport radar can see? Here is a letter to editor about drones risk to manned aircraft, among other things, which illustrates some risks.36 Drone detection systems are urgently needed, since we can expect drug cartels to be using them imminent, if not already. 37 EPA use of drones, to spy on farmers to figure out which are violating some pollution regulations. I believe this is a conspiracy theory, 38 but a lot of people believe it. FAA has been given the job of drafting rules for drones in US air space. FAAs expertise is in air safety. They may lack expertise handling privacy issues.

happening, until Brian Terry was killed with one of those guns, and even then, they relied on dishonest ATF reports. I believe it is improper to blame the AG, President, and Congress politicians for this activity they knew nothing about, but rather, they should be held accountable for not having good systems for knowing how taxpayer money was being spent by US Attorneys, and federal police agents. 31 Morality http://www.lawfareblog.com/2012/07/scott-shane-on-the-moral-case-for-drones/ https://www.nytimes.com/2012/07/15/sunday-review/the-moral-case-for-drones.html?_r=1&hp http://www.truthdig.com/report/item/the_emerging_drone_culture_20120803/?ln http://www.truthdig.com/eartotheground/item/theres_no_downside_to_drones_moral_philosopher_says_20 120803/ 32 http://www.theatlantic.com/international/archive/2012/07/yes-sometimes-drones-are-actuallyeffective/260260/ 33 http://www.counterpunch.org/2012/08/29/is-it-the-drones-or-the-killings-we-oppose/ 34 http://www.sbs.com.au/news/article/1741690/US-drone-debate-may-affect-Australia 35 http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/international/31-Oct-2012/ushypocrisy-to-the-fore 36 http://www.courierpress.com/news/2013/feb/24/letter-drones-threat-civilian-aviation/ 37 http://www.app.com/article/20120805/NJOPINION03/308050027/ROBINSON-Drone-debatecrucial?odyssey=mod|newswell|text|Opinion|p 38 See EPA in Terminology section.

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Drone Issues, Concerns, Controversies

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Should some other government agency get the job of regulating what surveillance is to be permitted?39 Military training in USA they probably will use US citizens, without their knowledge or consent, to spy on, as part of the training, during which time they may observe something they think is illegal, and inform the police. 40 For that evidence to be used, probably needs a judges consent, and for the defense to have access to the military data base, in fact many defense teams will want access to help establish alibis. This is opening a can of worms here, because under the constitutional right to face accuser, those military data bases need to be turned over to the defense, or not used by the prosecution, since FISA and Patriot Act do not apply to alleged ordinary crimes. Drone realistic risks of being hijacked for criminal enterprise, or terrorist attack. Hacked drones are potential hard weapons against any soft target. If the voters had any input to this whatsoever, what types of technological development, and applications should be promoted for the drones? 41 Some US political leaders sincerely believe that killing saves lives.42 Is that an Oxymoron? o One area of relevance here is how many innocent civilians get killed by various different military tactics, which factors into the justification for the different tactics. o Having armed drones in our arsenal makes it easier for political leaders to decide to go to war.43 This was not the case when we had enough nuclear weapons to obliterate our enemy, because we knew they would also obliterate us, in the cold war MADD 44 strategy. For a short time, some nations have an advantage of arms, but the time is rapidly coming when terrorists will be able to launch drones from anywhere to attack anywhere. o I cannot find it in my notes at present, but somewhere I have a quote regarding 10 to 15 innocent civilians killed for every 1 enemy soldier, in recent wars in Iraq and Afghanistan. o I review Pakistan Living Under Drones45 (182 pages) within Drone Scribd. See the chapter there on Pakistan Best Estimated Numbers, which concludes that when a drone strike is against a legitimate enemy target, that 10-30% of the casualties there are innocents.

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https://www.fas.org/sgp/crs/natsec/R42701.pdf download = CRS Drone Fourth Amend 2012 Sept http://www.wired.com/dangerroom/2012/05/air-force-drones-domestic-spy/ 41 http://afgeneralcounsel.dodlive.mil/2013/02/21/a-drone-on-the-range/ http://ngm.nationalgeographic.com/2013/03/unmanned-flight/horgan-text 42 http://www.politico.com/politico44/2012/10/rhodes-drones-save-lives-137973.html?hp=r7 43 https://dronewarsuk.wordpress.com/2012/06/02/drones-targeted-killing-is-only-part-of-the-problem/ 44 MADD = Mutually Assured Destruction. 45 45 http://livingunderdrones.org/ INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC (STANFORD LAW SCHOOL) AND GLOBAL JUSTICE CLINIC (NYU SCHOOL OF LAW), LIVING UNDER DRONES: DEATH, INJURY, AND TRAUMA TO CIVILIANS FROM US DRONE PRACTICES IN PAKISTAN (September, 2012)

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Drone Issues, Concerns, Controversies

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o There are many drone strikes, where everyone killed is totally innocent. I list some in Drone Dates time line. Most of these are probably due to lousy intelligence, thanks to the CIA paying informants for intelligence data, where some informants are more interested in the money, than in truth. Also see double tap in Drone Terms, regarding drones returning to assassinate police, fire, ambulance, NGO, neighbors, etc. who respond to victims of first attack, such as a collapsed building with children inside. Also in Drone Terms, see links from War Crimes definition, ending in See: which points at specific incidents where significant numbers of innocent people got killed by US military drone tactics. Lobbyist legitimate role. Do we need a Bill of Rights, applying to civilians anywhere drones are used where we might be?46 The right not to be shot at, with lethal or non-lethal weapons from drones. A judge must approve us being spied upon. When drone spy evidence used in court, our defense team must have expert access to make sure the info has not been faked to make us look bad. Court system to issue annual statistics showing the kinds of places where drones have been allowed to spy upon, such as peoples bedrooms, their places of work, classrooms, etc. so that there can be a public discussion whether there needs to be any further adjustments to the Bill of Rights against drone usage. Some people dont want regulations for military drones used over the USA, they want a total ban on them being used for civilian purposes. 47 We should not be exporting surveillance society technology to non-democratic nations which have significant human rights abuses.48 Within democratic western nations, the voters have an opportunity to reign in abuses of technology, which violate our constitutional way of life. We should not export to nations whose people do not have those kinds of rights. This export ban should include not offshoring construction of the devices to such nations, because off-shoring implies sharing everything there is to know about the technology being constructed.

There are constitutional issues, including:49 Separation of Powers, between President, Congress, and Courts; Sovereignty of nations where US using drone attacks, without UN approval; 1st Amendment of US Constitution relevance to legalities of targeting US citizens for killing by drones or other means, and violent actions taken against apparently peaceful protests, including: o Freedom of Assembly o Freedom of Religion o Freedom of Speech
46

http://richmond.legalexaminer.com/miscellaneous/big-brother-may-be-watching-from-a-droneandpossibly-shooting.aspx?googleid=302128 47 http://www.peachpundit.com/2012/07/07/debate-topic-limit-use-of-domestic-drones/ 48 http://www.globalresearch.ca/index.php?context=va&aid=31535 49 For more info on these type issues, see: Drone Scribd; Drone Terms.

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2nd Amendment of US Constitution relevance to legalities of targeting US


citizens for killing by drones or other means, including: o Right to be Armed th 4 Amendment of US Constitution relevance to legalities of targeting US citizens for killing by drones or other means, and actions by the police taken against people photographing them doing their job, including: o Freedom from Unreasonable Searches & Seizures; o Search Warrants need Probable Cause; o Protection from excessive and arbitrary government intrusion. th 5 Amendment of US Constitution relevance to legalities of targeting US citizens for killing by drones or other means, and justifiability of torture, including: o Due Process of Law. o Prohibits Self-Incrimination and Double Jeopardy. o Some protections are a combination of the 5th and 14th amendments. Law enforcement may not use race, religion and/or other protected characteristics as grounds for determining whom to target for investigation. Information about an individual, already contained within one government database, should not be shared with another government entity on the sole basis that the individual belongs to a particular race, or ethnicity, or practices a particular religion. o Provides a route for compensation if loud aircraft noise takes from the peace and quiet, and enjoyment for people on the ground. th 6 Amendment of US Constitution has relevance to legalities of targeting US citizens for killing by drones or other means, including: o Trial Rights o Must be notified of the charges and evidence against you o Right to a Lawyer, in criminal cases th 11 Amendment of US Constitution has relevance to legalities of victims of US drone attacks, seeking justice from US. o Immunity of government from some law suits th 14 Amendment of US Constitution includes some elements of topics hot in recent news: o Citizenship defined, such as born in USA, whose parents are illegals. o Equality of different people under the Law. o The 14th Amendment forbids each state government from denying to any person, within its jurisdiction, equal protection of the laws and therefore prohibits government institutions and employees from discriminating against individuals on the basis of race, ethnicity, national origin, or religion.

Law School professor Oona Hathaway said QUOTE:50


50

http://yaledailynews.com/blog/2013/02/22/law-school-prof-addresses-drone-legality/

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Drone use has presented three key challenges to the United States: the erosion of checks on the presidents power to wage wa;, the proliferation of drones at home and abroad; and the threat to civil liberties posed by their use. UNQUOTE Hathaway, who directs the Center for Global Legal Challenges at Yale Law School, and serves on the Advisory Committee on International Law for the legal adviser at the State Department, warned that the precedents currently being set regarding drone usage could be dangerous and lead to a society in which Americans rights are not protected.

Police Issues (2 Sep 30) !

Oxymorons Mission Creep Monitoring A surveillance society cameras all over the place, monitoring our Internet
use, what books we borrow from library, purchase retail. Erosion of right to privacy (Did we ever have that, or was it an illusion?)51 Are all deaths by non-lethal weapons (which should be labeled less-lethal) due to medical conditions which the police could not have reasonably known about? What % of public have such conditions, such that non-lethal used on them may likely kill them? Police transparency in their use of drones, and other technology, against an innocent public, and what they do with that data, to avoid false accusations, and protect people from this data breached from police storage. Thanks to public concerns, there is now a police code of conduct for drone use, 52 which of course is voluntary, where not all police would follow it.

51

Surveillance Society http://www.usatoday.com/news/washington/story/2012-06-19/drone-backlash/55682654/1 http://reason.com/blog/2012/06/07/andrew-napolitano-on-the-lack-of-outrage http://www.jsonline.com/news/opinion/government-needs-rules-transparency-in-drone-use-lq5rv1l159943925.html https://www.cdt.org/blogs/jake-laperruque/0307jones-drones-and-gps-tracked-automobiles http://usnews.msnbc.msn.com/_news/2012/06/13/12205763-poll-americans-ok-with-some-domesticdrones-but-not-to-catch-speeders http://www.cato.org/multimedia/daily-podcast/will-local-cops-use-drones 52 Police drone code of conduct http://www.washingtontimes.com/news/2012/aug/16/police-chiefs-adopt-drone-code-conduct/ http://reason.com/blog/2012/08/17/with-drone-guidelines-top-cops-agreeno?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reason%2FHitandRun+%28R eason+Online+-+Hit+%26+Run+Blog%29 http://www.aclu.org/blog/technology-and-liberty/police-chiefs-issue-recommendations-drones-look-howthey-measure http://www.lawfareblog.com/2012/08/iacp-approves-uav-guidelines/ http://www.theiacp.org/portals/0/pdfs/IACP_UAGuidelines.pdf

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Drone Issues, Concerns, Controversies

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Police use of weaponized drones. (Is this a fantasy, or fact? How serious
the weapons, and basis for deciding who to shoot at?)53

Many of these issues will end up being defined in my Drones Terms document, and addressed in individual chapters of Drone Notes. Some of this stuff I believe is bogus, and some I believe are legitimate concerns. We need to address both kinds. In a discussion on G+, 54 Mike Stutz wrote: QUOTE And even scarier part will be drone equipped with infrared and other technologies that allow taking pictures of the inside of our homes. If they are civilian entities, they don't need a warrant, do they? Could they then turn that information over to a government entity, and could that be evidence in a criminal case? This is a gray area, as the courts have come down on different sides of the "agency" question (that is, if the private citizen is not acting at the behest of law enforcement at the time information is collected, is it subject to warrant requirements?)... Not sure... UNQUOTE Of course, due to military secrecy, we do not know what drones are equipped with, those which are passed from the military to police, or other new users. Alex Law wrote: QUOTE IR through walls can be good enough to identify the gender of individuals and what (sexual) position they are in... Recipe for fascism: 1 anti-sodomy law 1 privately operated morality drone 1 conniving prosecutor UNQUOTE

Peaceful Summary (2 July 03) !


There are people who think all drones are weaponized. This is bogus. Among military drones only about 4% carry weapons. Among civilian drones the percentage is much smaller.

53

http://open.salon.com/blog/scanner/2012/06/18/armed_drones_over_america http://www.nextgov.com/defense/2012/08/domestic-drone-backers-worry-about-privacy-andsecurity/57809/?oref=ng-HPtopstory 54 https://plus.google.com/u/0/108007903544513887227/posts/823JfjEqNGe

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Drones are not used exclusively for military air operations. They are used under water for ocean science exploration. They are used by industry to survey geology to locate good places to do oil drilling. In mountainous areas they deliver medical supplies. Anything that can be done with a helicopter or small plane, other than carrying lots of human passengers and cargo, can be done by a drone for a microscopic fraction of the cost. Unfortunately many news stories, blogs, etc. blur the notion that all drones are weaponized with estimates of how many drones will soon be in our sky, estimates which claim to be government estimates, but all relevant government agencies have denied.55 Provided they are not used to spy on people without proper judicial approval, and provided they are not weaponized, drones can serve humanity in many non-controversial constructive applications.

Political Blow-Back (3 Jan 07) !


After Congress told FAA to setup rules for drones over USA, politicians have been hearing from their constituents in large numbers.56 Many have introduced legislation regarding domestic drone use, both as stand-alone bills, and within other bills.57 Do not ban police use of military drones, but if any are to be used for surveillance, the info gathered may not be used in court, unless there was a judges warrant for the surveillance. Weaponized drones are Ok against foreign nations, but not against the US territories, by Dept of Homeland Security, such as Border Patrol, but Ok for other interests to have weaponized drones. Michael Boyle,58 who was on President Obama's counter-terrorism group in the run-up to Obamass election in 2008, said the US administration's growing reliance on drone technology was having "adverse strategic effects that have not been properly weighed against the tactical gains associated with killing terrorists". 59 He says that how the US has been using drones is: Encouraging an arms race into a more violent world; Innocent civilian deaths are far higher than the US acknowledges; They undermine popular support for the countries, where they are being used;
55 56

http://www.globalresearch.ca/index.php?context=va&aid=31535 https://www.fas.org/blog/secrecy/2012/07/drone_second_thoughts.html 57 I explore what Congress has been doing about Drones in my Drone Notes document. See the sections and chapters specifically about Legislation and Oversight. http://www.google.com/hostednews/ap/article/ALeqM5hIaExjZo_SJvCNR9gpYff3pSasDA?docId=b224ea 8719ce4bbc9abec616653cad90 58 http://www.guardian.co.uk/commentisfree/2012/jun/11/obama-drone-wars-normalisation-extrajudicialkilling 59 http://www.businessinsider.com/former-obama-security-adviser-slams-us-drone-attacks-2013-1 http://www.guardian.co.uk/world/2013/jan/07/obama-adviser-criticises-drone-policy http://www.chathamhouse.org/publications/ia http://news.firedoglake.com/2013/01/07/the-roundup-for-january-7-2013/

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US authorization for drone assassinations is approaching a tipping point, 60 since the authorization to use force, anywhere in the world, named specific enemies which are now practically annihilated; we have left Iraq, are leaving Afghanistan, which also were the basis for that authorization.

Francis Boyle, a Professor of International Law at the University of Illinois, Champaign, and the author of numerous books on the subject, named multiple US leaders as war criminals, claiming an ongoing criminal conspiracy under international law, legally comparable to the Nazi criminals of WW II.61 He says the war crimes included torture, enforced disappearances, assassinations, murders, kidnappings, extraordinary renditions, shock and awe (bombings), and (the use of) depleted uranium, white phosphorus, cluster bombs, drone strikes, and the like.

US Politicians (2 Sep 30) !


I believe many politicians are more interested in getting support from their voting base, than working as a team to address the nations needs. 62 Senator Rand Paul (R-Ky.) has introduced a bill requiring the government to obtain a warrant prior to using an unmanned aerial vehicle (UAV or drone). 63 I cannot imagine this getting much Congressional support, for international killing, but maybe for some domestic operations. Remember that Congress passed a demand for FAA to create rules for domestic operations. I have a separate chapter in Drone Notes on FAA drone info links. Plus see Kafkaesque in Drone Terms. If Congress did pass any such thing applying to CIA and military, the Administration would probably ignore it, claiming executive privilege or secrecy of classified operations.

Military Summary (2 Sep 30) !


The war, against terrorism, is a war without political boundaries which we have associated in history between individual nations. Drones are a key weapon in that war, doing surveillance, and delivering death, at a fraction of the cost of sending spies or troops against suspected enemies.64 But it is important to use that tool wisely, against enemies, not as a weapon of terror against an innocent population. The military of more and more nations have been using drones with increased sophistication. People, in the nations where they used, are well aware of what is going
60 61

http://www.guardian.co.uk/world/2012/nov/30/us-war-against-al-qaida http://mwcnews.net/focus/politics/23425-sherwoodross-war-crimes.html 62 See signature strikes in Drone Terms. 63 http://www.forbes.com/sites/gregorymcneal/2012/06/13/sen-paul-proposes-bill-requiring-warrants-foruse-of-drones/ 64 http://www.bradenton.com/2012/06/25/4090990/drone-attacks-remain-best-tool.html

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on, but people in the home nations are generally unaware of their usage, thanks to government secrecy.65 They have been very successful in killing top leaders of our enemies, but the collateral damage is enormous. For example, you want to kill the leader of some terrorist gang, and yes, you are successful, but you also manage to kill and wound scores of other people in the neighborhood. The neighborhood knows nothing about what your target was up to, knows only that a drone made this nasty attack. So that neighborhood may now be a source of recruits to join the enemy. The risk varies with the intensity of attacks on people perceived locally to be innocents. There have been errors in enemy identification, where some meeting was thought to be a group of terrorists, but it was really a wedding party, village elders handling a court case, innocent school children. At the UN, they are calling these attacks war crimes. As people, in the home nations, find out details of some of this activity, some of them argue that the voters were not consulted in the establishment of policies leading to such behavior, which does not reflect principles of who we are as a civilized people. Our laws are written, based on technological capabilities, at the time the laws were drafted. With the drones, and other new technology, they can fall outside the letter of prior law, so those with the power to apply the new technology, can do anything they please with it, because laws prohibiting activity, were written before the invention of that new technology. CIA NSA military etc. declare what they are doing a secret, so it cannot be questioned by Congress or anyone else. According to Lawfare, July 21, 2012,66 QUOTE The law of armed conflict or international humanitarian law (whichever you prefer) does not require a fair fight. Rather, it requires that each side fight fairly. It may seem like a play on words, but it is an essential point. The legal frameworks are clear. During armed conflict, the U.S. may target individuals and objects which qualify as legitimate targets, in accordance with the principles of distinction, proportionality and precautions.67 When acting in self-defense, the U.S. may target individuals who pose an imminent threat, in accordance with the jus ad bellum principles of necessity and proportionality. What is unclear is which situations fall within armed conflict, and which within self-defense. UNQUOTE

Military needed (2 June 27)


For many people in the USA, the actions of our military and intelligence agencies, fighting perceived terrorist enemies, are a necessary unethical evil, until such time as we
65 66

http://galesburgplanet.com/posts/15755 http://www.lawfareblog.com/2012/07/laurie-blank-on-the-mazzetti-the-drone-zone-last-in-series-fromlewis-dunlap-rona-corn-and-anderson/ 67 See Drone Terms document for definitions of these concepts.

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figure out how to combat the ingredients which drive new people to join the ranks of our enemies.68 It is unfortunate that the tactics we have used in this, and former wars, are often contributing to that recruitment.69 For most of the rest of the world, according to recent polling, USA practices are being generally condemned.

Military PR nightmare (2 Sep 30) !


See links, within the various context chapters here, to see that this kind of event occurs again and again. It is not an accident. It is government policy. 1. US military, or CIA, targets groups of people they think may be militants, but in the fog of war, can never be sure. 2. With scores of dead and injured, local police, fire, ambulance, or equivalent rush to the scene, and the US military attacks them also, since anyone who helps our enemy must also be our enemy. Then there is a funeral for the dead, and they too are attacked using the same logic, and we dont know how often this was a deliberate attack, or an attack on people engaged in a poorly defined who may be militants. This is how the uprising in Syria began. Some little children were arrested and tortured for allegedly doing graffiti in support of the Arab Spring. There were peaceful protests against such government action. The protesters were declared to be enemies of the state, and executed. Funerals for them were also attacked by government violence. The revolution grew from there. 3. UN Human Rights organizations label this US tactic as a war crime. 70 We called it terrorism when IRA and other enemies used this kind of tactic. Now the morals of our government leaders, and militaristic agencies, appear to be no different from the terrorists or the Syrians. Question asked on Jerry Pournelle Blog:71 QUOTE What is the difference between using drones and sending a man into a village with a gun, telling him to kill certain people who have not been convicted of any crime and telling that man that its okay if he accidentally kills people who arent on the list but might be sitting next to the people hes shooting at? The difference is, primarily, in method and in mechanical application. UNQUOTE

Military Blowback (3 Feb 26) # !


Attacks on Israel, since that nation was formed by UN mandate in 1947, and how Israel has responded, is a text book case of how to create hatreds in new generations, to fuel a never ending series of wars in a region, instead of working to promote peace. This play book, is now being used by the USA to create new enemies in at least a dozen nations, to provide the people who will want to attack the USA for generations to come.72

68

http://www.middleeastvoices.com/2012/06/at-issue-are-us-drone-strikes-in-south-asia-middle-eastethical-97033/ 69 I plan to add a chapter near the end about how we have done this a lot in past wars. 70 http://www.eurasiareview.com/22062012-obamas-drone-claims-threaten-to-boomerang-analysis/ 71 http://www.jerrypournelle.com/chaosmanor/ 72 http://consortiumnews.com/2013/02/19/drone-danger-making-war-too-easy/

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An invading army, statistically for every 1 known enemy killed, may also kill 10-15 innocents, while the volume via drones is much less, so it is more humanitarian for the nation being attacked, to attack them with drones, rather than an invading army. However, if we do not want the place to be a source of future wars and terrorist attacks against us, then we are not using a good strategy right now. Our military and CIA think that some target is an enemy, but keep secret the basis for that conclusion. The local people think the target was totally innocent, that the US is going around killing and maiming innocent people, just like the suicide bombers. Some of those local people have just been recruited into becoming enemies, by our drone attack policies. If instead, after each drone attack, we dropped leaflets, documenting the basis for the targeting, this would have several effects: 1. The volume of new enemies we have recruited to hate us, and fight us in future wars, would be dramatically reduced. The people would see that the US did not deliberately attack innocent people, but had a logical basis for believing them to be legitimate targets. It may be mistaken. 2. International Law community would document flaws in our targeting logic, so that those flaws could get corrected. So, granted that our intelligence community believes that within some nation, there are people hostile to our interests, plotting attacks on the US, or on our allies, or otherwise justify us warring against them, what alternatives are available to the high cost of attacking them in such a way that for each known enemy destroyed, a score of unknown enemies are created, or that an invasion lasts a decade or more with high cost to economy back home, and massive deaths all around? Drone attacks which are not secret why certain targets selected. US military advisors traveling with the local military. The model used disastrously in Vietnam, but much better in Afghanistan early effort. This effort is not just to help that nations military, but also to help rebuild a failed state. This is a concept which the US and the UN have failed miserably at, and there is an emergency need for an international effort to learn how to help rebuild failed states, instead of keeping them in a perpetual state of dependency upon NGOs and world institutions. Invade the nation, but with an exit plan, not wishful thinking like with second Gulf War (invasion of Iraq on a WMD hunt thinking the local people would all welcome the US liberators). Support the rule of law, build up local police and judicial system, work with them to apprehend people who can be proven to be enemies, through a system where they can present contrary evidence. The Middle East Policy Council reports73 that, QUOTE Drone warfare has created five distinct, yet overlapping, forms of blowback: (1) the purposeful retaliation against the United States;
73

http://www.mepc.org/journal/middle-east-policy-archives/drone-warfare-blowback-new-american-waywar?print

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(2) the creation of new insurgents, referred to as the "accidental guerrilla" syndrome; (3) the further complication of U.S. strategic coordination and interests in what the Bush and Obama administrations have designated the Afghan/Pakistan (Af/Pak) theatre; (4) the further destabilization of Pakistan; and (5) the deterioration of the U.S.-Pakistani relationship. As the drone policy is adapted for use in post-Saleh Yemen, it is important to address these forms of blowback. UNQUOTE According to Middle East Voices, June 27, 201274: QUOTE According to a study by the Middle East Policy Council, the frequency of U.S. drone strikes has increased from two instances during the period of 2002 and 2004 to 161 between 2009 and 2010. Growing with the numbers were the casualties of these operations. The strikes conducted between 2002 and 2004, according to the same study, resulted in the deaths of two high value targets and killed eleven others. The strikes between 2009 and 2010 killed seven high value targets, causing the deaths of 1,029 others. The report does not specify whether others killed in these strikes were also intended targets or untargeted victims. UNQUOTE For more detail than above summary, see Drone Warfare 101 in Calendar of Key Dates section of Drone Dates. Polling in Pakistan shows that three out of four people there, now consider the USA to be a self-declared enemy of Pakistan.75 In letters to editor of Toronto Star,76 we hear the opinion that: QUOTE The use of drones against non-state terrorists is an attempt to kill the monster one has created. But the method cannot wipe out the monster because it stems on the one hand from desperation and on the other from greed coupled to the bloated war machine. Annihilate the enemy, if one can, and the machine demands creation of a new one. What is at fault is the militaristic structure itself, the death machinery. It exists at tremendous human and environmental cost to achieve a supremacy that cannot be achieved and maintained. Drones work on secret intelligence, and, more often than not, cannot discriminate between even the expected target and the surrounding civilians. Witness the number of wedding guests and other civilians, including children, who are often killed in those attacks. Once again,

74

http://www.middleeastvoices.com/2012/06/at-issue-are-us-drone-strikes-in-south-asia-middle-eastethical-97033/ 75 http://www.democraticunderground.com/101737481 76 http://www.thestar.com/opinion/letters_to_the_editors/2013/02/23/opposing_views_on_drones.html

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American lives are supposedly saved from unproven imminent attacks at the cost of far too many innocent non-U.S. lives. UNQUOTE

Military Debates (2 Dec 03) !


Some people have a categorical moral position which says that it is simply wrong per se to take the human moral agent entirely out of the firing loop, irrespective of the technical or legal challenges.77 If we have a vehicle crash, it is important to be able to show a design failure, which needs to be fixed, to avoid future crashes. We dont want to return to a reality like we had when it was legal to drive drunk, then say Too Bad, Accidents happen. If we have a natural disaster, it is important to be able to fund improvements in early warning systems, and better protection for humans for the next time. We do not want to return to a reality, where bad stuff happens, and the answer is Too Bad, an Act of God. Some people,78 lack confidence that software and hardware development has matured to the point that killer drones can be developed that will do all that the political military and corporate marketing claims they will be able to do.79 There is the argument that making it easier to fight wars remotely, using drones, makes it more likely that political leaders may be trigger happy. 80 I think we have had this problem for decades. When the vast majority of political leaders never served in the military, they are divorced from have a good understanding of wise military trade offs. Some people promote Drone warfare, claiming state-of-art makes it possible for the shooting to quit when a child wanders into the line of fire, 81 but the evidence is that the US military is not in fact doing that. We see in an attack on dozens of innocent civilians Feb 2010, that the US military saw it had shot children, but waited 12 hours to report that fact.82 So is there any merit in claiming some state-of-art is possible, in the absence of evidence it is being acted upon? Also see latency in Drone Terms, explaining that when the drone operators are in the USA, and the drone is on the other side of the planet, the time it takes for the operators to see a problem, act on it, signal gets back to a drone, is like you driving your car on the highway, saying oh **** (4 letter word) and not able to avoid the crash.
77 78

http://www.hoover.org/publications/policy-review/article/135336 I have been a programmer my whole career, 1960s to 2010s. I do not believe the state of art is up to this task yet. Further, my whole career, the products of programming are heavily influenced by nontechnical managers, whose demands go against our best training. I cannot believe this is any different for programmers in other walks of life. 79 http://www.hoover.org/publications/policy-review/article/135336 80 http://www.hoover.org/publications/policy-review/article/135336 81 http://bigthink.com/praxis/remote-controlled-morality 82 http://cryptome.org/2012/03/creech-savagery.pdf

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Some people are opposed to Drones because they kill people.83 I am not one of those people. We are at war. I dont like some of the circumstances that led us to the war, and I do not like some of the conduct of the war, but the fact remains that now we are at war. We need to win that war. It will require killing some of our enemies. According to the New America Foundation, Sep 6, 2012, QUOTE 84 A study by the International Committee for the Red Cross found that on average, 10 civilians died for every combatant killed during armed conflicts of 20th century. For the Iraq War, estimates vary widely; different studies place the ratio of civilian deaths to combatant deaths anywhere between 10 to 1 and 2 to 1. One analysis published in the Small Wars Journal suggested that in 2007 the ratio of civilian deaths due to coalition air attacks in Afghanistan may have been as high as 15 to 1. UNQUOTE So, by their figures, other forms of combat kill more innocent civilians than drone strikes. There is a wide disparity between what different sources are reporting, but this comparative data is very useful.

Autonomous Drones (2 Nov 28)


My section on drones, which are independent of human control, have been moved to a separate document, called Drone Robots.

Propaganda Theater (3 Jan 11) ! As we can see from my Drone Dates, which is a calendar or time line of when stuff
happened with Drones, or started being done with Drones, and when and how we found out about it, a lot of this began in the Administration of Presidents before the current one, such as Drones used to Assassinate people believed to be in the enemy camp. In actual fact, Assassinations of key people in the enemy camp goes back at least to WW II when US agents tried to orchestrate the assassination of German scientists who were sabotaging the German Nuclear program. The USA did not know this, thought wrongly that they were part of the program. I believe the people, who were convicted of assassinating President Lincoln, were members of the Confederate Secret Service, carrying out their deeds before the news filtered thru, to all concerned, that the war was really over. But perhaps because info about activities can be slow to reach the public, for a variety of reasons, such as how the US gov tried to keep some programs secret from the American public, many commentators associate the activity with when they first heard about it, and thus claim, incorrectly, that it started with the current President. Perhaps they are doing

83 84

http://newamerica.net/publications/articles/2012/whats_not_wrong_with_drones_71003 http://newamerica.net/publications/articles/2012/whats_not_wrong_with_drones_71003

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this as part of the political campaign to unseat him in the election through negative advertising.85 In many wars, people are motivated to kill the enemy by demonizing them, but in the drone wars, it is Ok to kill kids, by relabeling them as dogs and other pets. 86 It would be more honest to recognize that homes can contain extended families, so if you are going to kill an enemy when they are at home, that also means you will be killing or maiming their wife, children, and extended family. That is what your commanders want you to do. I am also seeing a resurgence of some ugliness of the Vietnam War, where some people were rightfully horrified by some human rights abuses which had gone on, ordered by our political leaders, and a few rogue commanders. But as the troops came home, there was abuse heaped upon many by these anti-war activists who were unable to make the distinction between the mass of soldiers honorably serving their country, in the very difficult challenges of military conflict, and the leaders who had authorized questionable activities. They could not get at the leaders, or did not know how to, so they heaped abuse on innocent troops, who they could get at. We are seeing this phenomena again today, in how many paint the drone operators. 87 I feel that many stories are being widely circulated which are in fact false urban legend, some of them for political purposes, to try to alienate voters against selected politicians, or for other reasons. I believe the following to be true, although I might not be able to cite sufficient proof to satisfy true believers in contrary reality. Yes there are military drones which kill thousands of people around the world. But the drones which are now flying over USA cities, are not armed military drones, except in a very few rare cases.88 The EPA is not using drones to spy n American ranchers. Area 51 really does exist, and our political leaders are fully informed on what is really going on there, which is other than what a lot of conspiracy theorists think is going on there. An alien spacecraft did not crash in Roswell. It really was a high altitude balloon used to spy on the USSR, before the U2 plane was invented.

85

Some articles say President Obama was the first President to do things, which we can tell from the Calendar section, were in fact started before he was ever elected. http://www.lawfareblog.com/2012/07/tom-junod-in-esquire-gives-obama-a-moral-dressing-down/ http://www.esquire.com/print-this/obama-lethal-presidency-0812?page=all 86 http://www.spiegel.de/international/world/pain-continues-after-war-for-american-drone-pilot-a872726.html 87 http://www.lawfareblog.com/2012/07/charles-dunlap-on-the-discussion-started-by-mark-mazzetti-thedrone-zone/ 88 http://axisoflogic.com/artman/publish/Article_64632.shtml

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President Obama was born in Hawaii, which has been part of the USA, since a regime change in 1893, by US forces against the previous legitimate government. The USA has often done regime changes, particularly in the Americas. Maybe the most stupid was regime change in Iran, which may hurt US interests worse than Germanys regime change in Russia, initiated in WW I to introduce communism to our world. In 1993, for the first time in history, the US government apologized for overthrowing the government of a sovereign nation. That was Hawaii, which was also one of the first regime changes in US history.

Security Theater (2 July 02)


Travelers can run into all sorts of trouble with airport security, and customs officials. Many years ago when I participated in computer conferences involving people from both Canada and USA, people would take their hardware to the conference, no problem, then on way home, border patrol would need proof that the stuff had been purchased in the nation it was returning to, and if not, what the price was for the stuff in the nation where they really did not buy it, with risk of confiscation for non-compliance. Vendors, who regularly attended such conferences, knew to carry good inventory records. The problem was often with hobby enthusiasts going to their first convention across the border, not realizing the need to document their personal hardware. Similar type of risk exists today with a variety of consumer electronics. Persons, in the robot and drone assembly business or hobby, can be hassled by airport security and customs officials. Not only do the travelers need proof of ownership, they also need proof of legitimacy of having such hardware.89

Police Summary (2 June 22) !


Technology constantly finds new ways to do something, which previously was illegal for good reason. But the laws look backwards, prohibit something in the language of the old technology. The law says it is illegal to do certain things, with the technology which existed at the time that those laws were written. As new technology comes along, the law is not yet written that it is illegal to do whatever, with that new technology. Example, porn was first in art books, so it was made illegal for children involvement. Then photography was invented, and since the laws did not say porn photos were illegal, there was a thriving trade until that too was made illegal. Then TV came along, and since the laws did not say porn on TV was illegal, we had it until it was made illegal there. Then the Internet came along, and there was lots of porn there. While that has been made illegal, there still is lots there. Then cell phones were invented, and porn communicated over them, which was not illegal, because prior laws did not have cell phones in their language, until they invented and into wide spread usage. That too now illegal. As new
89

http://www.innovationnewsdaily.com/1349-airport-drone-makers-terrorism.html I had to select temporarily allow all of this page maybe 10 times, with my browser security, to try to past all the intrusive privacy violations to let me respond to a stupid question, then see the full article, and eventually gave up.

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technology gets invented, child porn will be transmitted over it, legally, until laws catch up with the newest technology. We see the same thing with Wall Street financial shenanigans. Some behavior is ruled illegal, or in need of regulation, but it is couched in the terminology of the technology involved to do it. New technology is invented, the formerly illegal activities are now done legally on the new technology. This is also the case with violations of the US Bill of Rights, originally written for society before GPS, phones, Internet, automobiles, modern forensics. With each new technology, people can do things which violate the spirit of the US constitution, but not the letter of law, and these people include government agents. We have come to expect that human nature will violate our rights, with every new technology, and new needs associated with international war and crime. So we want our legislators to upgrade the regulations to apply our rights to new technology, before the abuse can become widespread.

Legislation needed (2 Oct 17)


US Congress needs to enact laws such as the following: Government agencies which use drones within the USA, whether in National Air Space (NAS), or indoors, should be required to do a privacy impact review of their drone practices, open to public scrutiny. Information, collected about a person by a drone, should be subject to the same laws protect the persons privacy, as we have with all other intrusions into our privacy, private property, etc. Get a judges warrant to spy on us, or get approval of a judge to use that info, by showing the judge why you need to spy on us. Place a limitation on storing data about people, collected by drones, such as their pictures, locations where they were, in the absence of any suspicion that they were doing anything improper. Unless law enforcement can show to a judge that circumstances require secrecy, it should be public information where and when drones have been used for what purposes. People spied upon by drones, should have a civil right to sue the people who spied on them.

Domestic Privacy (3 Mar 02)


The FAA wants to hear from the general public about domestic drones vs. our privacy, with respect to the coming drone test sites.90 I would also like to see statistics on the kind of feedback they get, at this and later stages. Feedback, on what the FAA is asking for, has so far been contributed by:91
90

http://www.lawfareblog.com/2013/03/the-faa-wants-to-hear-from-you-about-privacy-anddomestic-drones/ 91 http://www.regulations.gov/#!docketDetail;D=FAA-2013-0061

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Drone Issues, Concerns, Controversies THREE people as of March 01, 2013.

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More Discussion Implications (3 Jan 11)


Various news media have had shows with talking heads spouting mixtures of observations, gripes, misinformation,92 political ideologies, from which a viewer might walk away with some useful talking points. Some are better than others.93 I got a link to one such YouTube video show 94 in a G+ discussion95 started by Murray J Brown. The show has a page on G+: +The Agenda with Steve Paikin. What remedies can innocent victims of drone attacks find, through International Law courts, international law inside national court systems, and organizations which manage oversight of Human Rights Law? I address that topic in Drone Scribd and Drone Terms research docs. When learning about numerous concepts, and defining them in Drone Terms, and my earlier Disaster research prior to looking into Drones, I found enormous repetition of a pattern of government operations poorly thought out, or with serious holes in the planning. Consider the following: Washington DC laws are passed to protect the privacy of the public. DHS agencies ignore those laws. Cases get thru the court systems, identifying these abuses, give the federal agencies deadlines to clean up their act. Those agencies ignore the court demands, continue to ignore the laws. o We can reasonably expect that the situation will be no different with drones. There needs to be accountability for federal employees who flout the courts, and more ways to invoke Inspector General involvement. State government laws are passed, giving the general public permission to use cell phone cameras in public places, including capturing info on the police doing their jobs. Massive volumes of people get arrested for photographing the police in public. Judges throw those cases out, berate the police for violating the state laws, but the police continue same practices. o We can reasonably expect the situation will be no different with any laws passed regarding what the police may do with drones. Federal police have had several missions, spanning multiple Presidents, where there was a totally failed effort to stop business enterprises of

92

http://www.nbc.com/saturday-night-live/video/cartoon-drones/1424414/ via http://www.lawfareblog.com/2012/12/todays-headlines-and-commentary-323/ 93 http://www.huffingtonpost.com/robert-naiman/five-specific-questions-j_b_2020214.html http://americansecurityproject.org/blog/2012/event-review-u-s-drones-policy-strategic-frameworks-andmeasuring-effects/ 94 The Agenda http://theagenda.tvo.org/blog/agenda-blogs/drone-strikes-pakistan-2012 95 https://plus.google.com/u/0/106352257888200427693/posts/9qSrojBLn3K

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Mexican Drug Cartels, and instead supplied them with thousands of powerful weapons. o Each mission was fully approved and directed by assistant US attorneys, but upper management of DoJ, ATF etc. in Washington DC, Attorney General, President, Congress, were totally oblivious this going on. After the mission was completed, the collected evidence went to trial attorneys to figure out what to do. They took years before any indictment, during which time the identified criminals continuing to do their thing, including move to new address, and be gone away. o When the news of the mission finally reaches our Washington DC leaders, they are not interested in fixing the system which causes this kind of thing to happen, no they use it to make false accusations to try to win elections. US Critical Infrastructure is extremely vulnerable to cyber attack. Federal authorities have been trying, without success, for decades, to get the relevant companies to clean up their act. Military intelligence developed malware which can totally destroy such critical infrastructure, for the purpose of slowing down Irans nuclear development. That malware is now returning from Iran, to strike other nations. Meanwhile the US is still totally naked to such attacks. The leaders of the relevant companies, and their shareholders, are overdue for serious cyber threat re-education. In California, an elementary school was found to be a playground for pedophiles, where multiple teachers were abusing children, and multiple staff were accessories. The authorities solution included removing 100% of the adult personnel from that school. We need similar action when it is found that a police department, or federal agency, has a pattern of widespread abuse, has had repeated warnings from credible authorities, and total failure to clean up their act.

In my Drone Terms, in multiple scenarios, I observed that the perpetrators of chaos had failed to have certain fundamental concepts on their radar screens, when they designed their plans of action, resulting in more unintended consequences than intended consequences. I have tried to think through the situations from multiple perspectives. What threats to the public, and to the nation, are posed by drones? Are the relevant public protection agencies addressing these threats effectively? What tools, in the hands of law enforcement, would help them do a better job, possible given current technology? What institutional changes are needed, so the federal government can find an exit from this epidemic of ignorance, misconduct and misinformation? What reforms are needed, to better protect the general public privacy from police abuse?

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I do not have all the satisfactory answers, but I will continue to think about the concepts from those perspectives, as I learn more about the overall situations. This led me to dream up what the overall systems needed, to mitigate repeat of such disasters. Start with these concepts in Drone Terms, then see their See: pointers to related concepts: 4th Amendment Jurisprudence; ATC; ATF Scandals; Attorney General; Authority Federal; CAISUCA; CAT; CBP Suggestions; Firearms Trafficking (without registration) is not a violation of federal law (maybe it should be); GC Armas Suggestions; Mitigation Suggestions; MSLU; Needle in Haystack; OIG Suggestions; OSII Suggestions; President of USA; QISTUK; Radar Screen; SBS; SCADA; Sosa; TBA; Tracker Power; Unintended Consequences; US Congress; War Crime.

US Gov cans of worms (3 Feb 21)

Drone Notes section, on statistical drone info, has a Financial Alternatives


chapter, including a laundry list of concerns by Electronic Privacy Information Center (EPIC) and Montgomery County, Texas, Sheriff Office discovery how ill equipped the FAA is to manage drone operations beyond flight safety. Drone Notes section, on different US Gov agencies, has a chapter on what the GAO is reporting, regarding problems with drones, what needs to be done to mitigate those problems. From an issues perspective, is the GAO overlooking anything important?

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How about other US government agencies implications I have discovered, elsewhere in my drone researching? Half a century ago, the Church Commission found that the very agencies of government, whose duty it is to protect US Constitution and peoples Civil Liberties, had been taken over by people either totally ignorant of these concepts, or enemies of these concepts. Congressional actions, thanks to recommendations of that commission, eviscerated the nations ability to protect against a spectrum of threats which we have seen with 9/11. o 9/11 commission recommendations, some enacted by Presidents and Congress, according to recent Fusion Report investigations, have returned us to same abuses that the Church Commission found = the very agencies of government, with duty to protect the Constitution and Civil Liberties of people, are using funds, intended for national security, to instead attack people for peacefully practicing their constitutional freedoms of religion, speech, supporting candidates for political office, etc. o Thus, we need to revisit this evil, and figure out a better solution, than those of the past. How do we protect national security, without having people in charge who are not interested in national security, but instead are eager to reverse all civil rights advances of the past approx 240 year national US history? The GAO knows that drones and manned flight have no way of avoiding mutual collisions, drone to commercial air, or drone to drone, and that fixing this is a major technological challenge. Many lobbyists, for commercial interests, are trying to get Congress to approve their widespread use of drones, before this challenge is resolved. Link to Military awareness of collision risk.96 The GAO knows that control of drones is vulnerable to all kinds of interference, including criminal and terrorist, but more important accidentally, because the radio-frequency used, is not reserved for them. I think FCC should get involved in fixing this. The GAO knows that the control of drones can be hacked. 97 They may not know the full story on this risk, but they do have some of the key knowledge. The GAO knows that drones have abominable safety records, even though other government agencies are in denial. DoD has a misinformation campaign going against this history. The GAO plans an upcoming study on the topic of privacy. These drones, and other law enforcement practices, can capture data bases of surveillance data on law abiding civilians, then store the data where it is easily hacked by criminal interests. o There is apparently no government agency with

regulations to enforce any drone privacy safety

96 97

https://publicintelligence.net/the-problems-with-domestic-drones/ http://reason.com/24-7/2013/02/20/gao-official-worried-about-domestic-dron http://www.nextgov.com/defense/2013/02/no-existing-technology-can-ensure-drone-safety-gao-officialsays/61384/

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standards.98 The CRS has already done a report on this, which is


o ominous, and unfortunately quite geeky with respect to the US Supreme Court.99 Nov 8, 2012: Aviation groups asked the Federal Aviation Administration (FAA) to ignore privacy implications of increased drone use in USA, just focus on safety.100 Civil Liberties groups petitioned the FAA to look into privacy implications, and the FAA now plans to do so.101 The FAA has proposed that the coming drone test geographies follow federal and state laws and make a privacy policy publicly available. 102 Although Privacy Law protection exists, DHS is exempted from having to limit the collection and use of privacy information. 103 Thru CBP, DHS has now operated a drone fleet in the USA for 7 years so far, and done nothing about privacy protection in its use. Remember that TSA,

o o o

98

http://www.washingtontimes.com/news/2013/feb/15/drone-privacy-scare-nobody-federal-governmentknow/ http://cnsnews.com/news/article/gao-unknown-point-who-s-charge-privacy-policy-drones-us-skies 99 See Drone Reports, under CRS and GAO, for identification of relevant reports, as I find them. 100 https://epic.org/privacy/drones/ http://www.rotor.com/rotornews/Nov12/UASLetter.pdf I have downloaded this to my collection, as: Air FAA forget privacy 2012 Nov. 101 https://faaco.faa.gov/index.cfm/announcement/view/13143 https://epic.org/privacy/drones/ the FAA has issued a response to EPIC's petition (Feb. 23, 2012) asking for a privacy rulemaking for domestic drones. Thanks to [drone-list] https://mailman.stanford.edu/mailman/listinfo/drone-list http://epic.org/2013/02/epic-petitions-faa-on-drone-pr.html FAA's letter to EPIC: http://epic.org/privacy/drones/DOT-UAS-PrivacyIssues-Letter.pdf This is a big announcement by an Agency from which a representative recently was quoted: (Wash Times, 2/13/13): > The FAA has cited privacy concerns as one reason it has fallen behind the congressionally mandated integration schedule, but Mr. Williams said the agency actually cant do much of anything about those fears. > > The FAA has no authority to make rules or enforce any rules relative to privacy, he said. We can ask [the industry] to take into consideration the privacy issue. There arent any rules to date on that.
102

http://www.washingtonguardian.com/drones-home 5 U.S.C. 552a(j) (allowing agencies to exempt themselves from maintenance requirements pursuant to law enforcement reasons). According to https://epic.org/ and http://www.epic.org/privacy/drones EPIC testified on Panel II of Congress House Transcript Drones in USA Skies 2012 July Abstract Summary = http://www.hsdl.org/?abstract&did=719102 Full 865k Transcript = https://www.hsdl.org/?view&did=719102
103

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under the DHS, has been in violation of the Court of Appeals for over a year, with respect to what is done with images collected by body scanners at airports. Once upon a time, Congress gave the job of regulating model aircraft to DoT and the FAA, but in 2012 took it away, without giving it to any other agency. The GAO knows that the FAA has a huge job ahead, and that some of the areas of regulations may belong in some agency other than FAA. The FAA is expert on air flight safety, but knows nothing about other areas of drone operations they are tasked with supervising. 104 The TSA is in denial that drones pose any threat to safe travel, thus, they are ignoring GAO advice.105 The DHS is in denial that drones pose any threat to the USA period, which was found out by US Congress House Subcommittee staff when planning a July 19, 2012 hearing,106 DHS officials repeatedly stated that DHS does not see domestic use of drones as part of their mission, and has no role in domestic unmanned aerial systems. The US Navy has discovered that drug smugglers are using drone submarines which are undetectable by the Navy, the Coast Guard, CBP etc.107 The Navy fears that terrorists might use those same subs to deliver WMD to our major ports. Congress heard testimony about GPS Spoofing. 108 Panel I professor explained the threat of GPS spoofing, and reassures Congress that darn few people have the skills to make this technology, which does not include criminals and terrorists, but does include nations which are our technological peers. o A drone flew over Israel early in October 2012, which Israel tried to hack down, failed, so they shot it down militarily. We now know the drone was assembled in Lebanon by Hezbollah from an Iranian kit.109 Iran is capable of making kits for GPS spoofing . Most everyone knows about the Nuclear non-proliferation treaty, which is supposed to prevent nuclear weapon technology from getting into the hands of

104

Congress House Transcript Drones in USA Skies 2012 July. Abstract Summary = http://www.hsdl.org/?abstract&did=719102 Full 865k Transcript = https://www.hsdl.org/?view&did=719102 Montgomery County, Texas, Sheriff Office Testimony. 105 I learned this from GAO reports. 106 Congress House Transcript Drones in USA Skies 2012 July Abstract Summary = http://www.hsdl.org/?abstract&did=719102 Full 865k Transcript = https://www.hsdl.org/?view&did=719102 107 See link in Drone Reports. 108 Congress House Transcript Drones in USA Skies 2012 July Abstract Summary = http://www.hsdl.org/?abstract&did=719102 Full 865k Transcript = https://www.hsdl.org/?view&did=719102
109

See Drone Dates time line, and Drone Nations, for more details.

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nations which might abuse it. For many reasons, best discussed somewhere else, this treaty has failed to do its job properly. o Similarly, there are treaties intended to prevent technology, which can be used for the delivery of WMD, which include drones, from getting into unauthorized hands.110 These treaties are also in failure mode, with the USA leading the parade of nations in violation, as shown by multiple GAO audits. The genie is out of the bottle, it may be too late to stuff it back in. In my opinion, what we now need is R+D to provide meaningful defense against WMD being delivered to us.

Boats missed (2 Dec 20)


The Church Commission found serious abuses by Intelligence Community (IC) and law and order enforcement (LEO), so it had Congress enact reforms, which replaced people who knew security, but not the US constitution, with people who knew the US constitution, but not security, which left us open to 9/11 2001 and other risks. o After 9/11 2001, we moved in the direction of repeating the abuses the Church Commission found, without fully repairing security. What the US needs is an IC and LEO system which is competent in all desirable areas: security; technology; and the US Constitution, not try to trade off one area or other area. There is a risk that government departments and agencies will revert to the pre-9/11 mindset, which the 9/11 Commission described as a lack of imagination in identifying threats and protecting the homeland. o Saying some disaster was beyond imagining what could go wrong, is a popular cop-out, like political unintended consequences. Look at the nuclear tsunami in Japan, for example. The power plant industry refused to consult earthquake and tsunami professionals. The government suppressed whistle blowers. It was a man made disaster. There is a heck of a lot of group think going on. That is when a supposed team effort has such strong peer pressure that contrary voices are persuaded to shut up, because they are allegedly undermining the teams productivity. The bosses of the team have more votes for this than the members of the team. Thanks to consolidation of US Intelligence operations after 9/11 we have much more group think than in past history. In my reading of OIG analysis of ATF Scandals, it is evident to me that the IG did not have Group Think on their radar screens, when evaluating what went wrong, and how to avoid another disaster. Much of the government national security is managed like steering a car by looking exclusively through rear view mirror at what attacks have been tried in the past. o Rather there should be a listing of all possible theoretical threats, periodically updated as science and technology advances, then associated

110

See Drone Terms and Drone Nations, for more details.

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with each both an assessment of risk, and how serious if it happens, then budget based on combination of those two multipliers, not on worst threat, but on top threats. o The probability of any given type of attack is a function of incentives which would prompt an attack and the difficulty of mounting that kind of attack. In my notes and discussions, we have talked about other risks, not yet apparently on any radar screen of any government agency. I intend to collect them into some consistent location in my notes, then point at where they are. Maybe start here, other places point here. Anything a government drone can do, a private individual can do, limited by financial resources, but some private corporations have more money available than many government agencies.111

Drones for State-based espionage (2 Oct 17)


By virtue of their design, size, and how high they can fly, drones can operate undetected in urban and rural environments.112 In addition to local state and federal agencies authorized, to fly drones, by FAA and/or other government agencies, how much trouble would it be for agents of a foreign nation to launch this for spying on USA? Carry drone into nation in diplomatic pouch, move it to trunk of vehicle with diplomatic plates, drive out into country side to where no apparent observers, such as inside a tunnel, under a bridge, in an open garage or hanger, where other undetected surveillance unlikely, and launch the thing. Until this point, careful for all personnel to wear gloves, so if it is ever found, theres no fingerprints to help trace origin. I imagine a vehicle, with diplomatic plates, modified to have like the doggie door of some homes, intended for pets and not burglars, where this modification would be for a drone to sneak out, where less likely to be observed by other motorists, or police surveillance equipment, and reported as suspicious. Park over a man hole cover, launch the drone down there, it maps way to come out some place else, to become available to more drones later following that path. Drone leave open window of embassy late at night. Which nations might try this? Any of them, starting with those nations we are not on the best of terms with, but do in fact have an embassy associated with their representation at the UN. Then there are nations we are supposedly allied with, but they suspect we are keeping technology from them. Could a drone fly undetected into Area 51?

111

http://drudgegae.iavian.net/r?hop=http://www.washingtontimes.com/news/2012/dec/17/citizen-dronewarfare-hobbyist-explores-a-frighten/ 112 Jennifer Lynch, Are Drones Watching You?, Electronic Frontier Foundation (Jan. 10, 2012), https://www.eff.org/deeplinks/2012/01/drones-are-watching-you

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Back Doors and Manchurian Chips (2 Oct 15)


I have written about Manchurian Chips, and shared stories about them, multiple places.113 Here is an introduction to the concept: Remember back door in software explained in movie War games? I was familiar with the concept before the movie came out, because it was much more common than the movie explained. You have software licensed to someone, who quits paying the annual fees. The license owner wants a way to shut off the software, which is no longer authorized to be used. Or it is licensed to be used by 20 employees. The license owner wants to be able to verify it is not being used by 200 employees. Manchurian Chip is a risk of a back door in hardware. When we have most all components of critical cyber equipment manufactured in other nations, and we are not always on the best of terms with those nations, their equivalent of CIA could ask that all chips receive some secret back door access for their nations armed forces and intelligence operatives to take over the systems the chips get installed in, in the event of a falling out between the nation where the chips are manufactured, and where they end up. Also, in the interim, to provide a doorway for espionage. Hey, that is already happening.114

While most drones used in USA, are made in USA, what about the chips? Are drones assembled from hardware made in Mexico, or Asia, like most computers?
Tests of hardware, to make sure it does what it is designed to do, would not locate the back door because that is an extra feature outside the parameters of what it is designed to do. Voting machines are one place where there is great temptation to have this. Many people say Manchurian chip is a low risk, that companies are unlikely to have back doors because of the legal liability, if and when they get caught. But there are several categories of perpetrators who are not afraid of this. Government agents and criminals.

Manchurian Stealth ATM Crooks (2 Oct 15)


There was a case of Manchurian chip in Europe with ATMs, which were manufactured by low bidder Russian company. One weekend the place was broken into, nothing major
113

http://thenextweb.com/asia/2012/05/28/researchers-find-vulnerability-in-chinese-chips-used-by-usarmy/?utm_source=GooglePlus http://www.forbes.com/sites/andygreenberg/2011/11/30/phone-rootkit-carrier-iq-may-have-violatedwiretap-law-in-millions-of-cases/ https://plus.google.com/u/0/107040353898400532534/posts/QbwhrW9DBLg https://plus.google.com/u/0/108007903544513887227/posts/TuCpR1sWf9L https://plus.google.com/u/0/108007903544513887227/posts/UGbF1fvM9Tz https://plus.google.com/u/0/108007903544513887227/posts/1sGTJNL2aVv 114 http://thenextweb.com/asia/2012/05/28/researchers-find-vulnerability-in-chinese-chips-used-by-usarmy/?utm_source=GooglePlus

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found to be stolen, just money out of some vending machines. Unbeknownst, at the time, to the company, was the break in visitors had made a change to the ATM design, a change which went unnoticed until those ATMs had been installed all over Europe, and crooks started using the associated back door.115 Basically, an ATM serves the needs of the customers with money in bank accounts, credit cards, and the financial industry which makes money off of these people moving their money. The crooked addition made it so the ATM also served the needs of criminal gangs, in addition to the legitimate users. From time to time, a crook would show up, appear to be doing business with the ATM, but leave with an extraordinary long paper receipt. That receipt had a list of accounts and pin #s and bank balances of people who had used that ATM in the last few days. The info on it was then used to make bogus cards, for other members of the gang to clean out those accounts, since they now knew pin #, and how much money available to steal. In theory, if some crooks or enemies wanted to alter how some product is manufactured, they could do it by cyber attack, instead of physical break-in as was done in the ATM example above. Think baby food formula for example. The way many industries are heavily automated these days, with knowledgeable engineers etc. jobs off-shored to lowest bidders, any such sabotage is likely to go unnoticed, within the company, until some nit picking accountant, who has not yet had his job off-shored, questions how come we are paying more for some poison component, unless that has been sourced to a confederate organization of whoever altered the manufacturing formula. There could also be deliberate contamination in the transportation food chain. This milk, orange juice, whatever, is an ingredient in a food product. After it leaves the place which containerizes the drink, but before it arrives at the place to incorporate it into a more complicated food, whats to prevent a crook operation from injecting some disease germs into the food ingredient? Will the chemical tests, inspecting delivery, even detect that? There are some disease contaminations which you cannot eliminate by washing and cooking the food.

Breaches detected by their damage (2 Oct 15)


It would probably be like any other food crisis. Many people get sick, some die, public health authorities back trace to source, which can take months to figure out. In most food-based crises, it is one place messed up, the people placed at risk are a small portion of the total population. But with cyber attack, they could mess with all our food supply at one time. This risk is complicated by a lot of manufacturing has moved off-shore, but political
115

http://searchfinancialsecurity.techtarget.com/news/1357926/ATM-malware-used-in-Russia-letsattackers-control-machines

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leaders are struggling to try to come to agreement on tax code incentives to bring manufacturing back home. Also the food formula is inside a particular kind of engineering software, of which there are many different kinds across many industries. In our current reality, a company needs to know they have been breached, then what the laws are, for what they are supposed to do. Otherwise, the laws are meaningless. In many breaches, a credit card company sees pattern of fraud, back traces to where the credit card users shopped in common, and which credit card processing companies were used in common, before the fraud. Theres a suspect company, or more than one, where they demand computer security audit. Theres also a million or so other customers of the suspect companies, whose credit cards need to be re-issued on replacement account #s. We have the same reality with cyber-war. In most cyber attacks on critical infrastructure, which I have heard about, like traffic signals going haywire, a pollution control plant dumping raw sewage into a river, some very expensive machinery going kaput, a grocery store mysteriously running out of inventory, a major regional power outage, etc. the first anyone knew about the problem, is when the damage from the breach was inflicted, not when the breach actually occurred.

Unknown Security (2 Oct 15)


A more desired reality is that most institutions, in addition to having regular accounting audits, would also have regular computer security audits, then they would be issued certificates, showing at that moment how good they passed those audits, and how long ago those audits were. When we use a public elevator, theres a tiny sign showing how long ago it was inspected, and passed that inspection audit. When we see a fire extinguisher, theres a tiny sign showing how long ago it was inspected, and passed that inspection audit. We can then judge if we want to be there it has been how many years since the last time this place passed a safety audit? Likewise, when we entrust our privacy info to some outfit, we would like to see a tiny stamp of security safety, showing that within the last year, they passed a cyber security audit. When a critical infrastructure has a security audit, a report on the results should go to relevant government regulatory agencies, and whatever outfits handle their insurance, so the insurance rates, and frequency of regulatory inspections, can be adjusted based on the risk implied by the security audit results. SCADA = supervisory control and data acquisition.116 This kind of equipment runs the nations pipelines, power distribution, traffic lights, 911, ATC, water supply, all sorts of infrastructure, was originally designed stand-alone, no
116

https://en.wikipedia.org/wiki/SCADA

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need for any cyber security. Then companies began interconnecting them with corporate networks, which are under constant bombardment by malware and hackers, without first adding some meaningful layer of protection. A lot of technology is implemented with no security, then security needs considered s an afterthought. I call it applying a padlock to a Boy Scout tent, where security is no good unless it is designed from the ground up, of what is to be protected. Here is a report on a couple years worth of breaches of SCADA and other US critical infrastructure.117 Note that, as with all types of cyber attacks, there is rapid increase in intensity and sophistication against critical infrastructure connected to the Internet. As stupid as it seems to connect such without good protection, that is the world we live in today, no accountability by corporation and government leaders. Basically many companies leadership has decided that convenient access to all their data, is more important than security of the data, their operations, or even the continued survival of their company.

Making Breach Detection Impractical (3 Jan 11)


Corporation practices, which made breach detection impractical, should be considered to be criminal negligence, when there is a breach investigation. Recognizing that a place has been breached, is not an easy task. The computer security logs have lots of geeky info, which normally no one looks at, unless theres a problem, and no one is likely to be familiar with what it all means, especially when the computer technician jobs have been outsourced. In 2012 there was a piece of hardware at a critical infrastructure, which died of old age, but the people there did not know what the heck had happened. They had previously out-sourced everyone who knew anything about the equipment. So they called on some consultants to come examine their stuff. These people, unfamiliar with their systems, other arrangements, are looking at the log of access to the hardware that failed. They find IP addresses of people who accessed it over the years. They find that maybe 6 months before the failure, there was a flurry of accesses from Germany and Russia. Oh my God, they declare, you were breached! The company calls the government cyber police. The Department of Homeland Security issues an alert, about the type of hardware, which is being breached by foreign hackers. This was totally bogus. The company had used another consultant to manage some of their equipment, then called that consultant when he was on an out-of-country trip, and needed some information. From airports in Russia and Germany, while he was in transit, he used the Internet to connect with the infrastructure, to check on the hardware, so he could answer the questions he had been asked.
117

https://www.us-cert.gov/control_systems/pdf/ICSCERT_Incident_Response_Summary_Report_09_11.pdf

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If you do not want your hardware being accessed by an IP address outside the nation, the place to control that is with a firewall. Because it was SCADA, they did not have a firewall, so anyone who knew how to get to the equipment there are bots which roam the Internet, looking for interesting connections. How can the above type of mess be avoided? Well you could start by having a corporate log of decisions to sacrifice security, authorized by which executives for what purpose, and a log of requested actions of consultants and in-house personnel, so that later auditors can put incidents in perspective. The technical name for this is Change Management. I am not happy with what I have witnessed, which passes for cyber security at hotels, airports, other places I have visited. I have seen places which are extremely crookfriendly. But you have to know something about computer security to recognize those risks. The vast majority of people, using computers and the internet, apparently lack that understanding.

Other Issues (3 Jan 31) !


It has long been obvious to many people that there is rapid evolution of computers, cell phones, and Internet capabilities and applications, where legislation is slow to react with intelligent policies to deal with abuses. Some people are now waking up to the truth that this is also valid for drone evolution.118 Sen. Tom Coburn (R-OK) stated, on the US Senate floor, Jan 30, 2013 QUOTE:119 There is no question in terms of our war fighting and our intelligence services that our unmanned capability has been a tremendous asset to us, Sen. Coburn said. But somebody needs to ask the question, Why do we have 15 different sets of programs run from 5 different agencies costing us $37 billion over 5 years? Where is the explanation for that? Where is the idea that we might concentrate expertise in one or two areas or three areas or four? But to have 15 separate programs means we are wasting money and getting less out of the research and less out of the dollars we invested than if we were to streamline those programs and limit them to targeted objectives. But we refuse to do that. UNQUOTE Here is what I thought I knew about drones, prior to studying this topic in 2012. Earthquakes dont kill people, poorly constructed buildings which fall down, and lack of early warning systems, so people can evacuate in time, kill people. Guns dont kill people, guns in the hands of criminals and the mentally ill, and poorly trained police, kill people.
118 119

https://www.fas.org/blog/secrecy/2013/01/drone_legal.html https://www.fas.org/irp/congress/2013_cr/coburn-spending.html

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Drones don't kill people. Politicians, drone policies, kill people. President JFK was allegedly assassinated by a man suspected of being an enemy agent. There were some other high profile assassinations around the same time. JFKs brother RFK, and Civil Rights leader MLK. During the official JFK assassination investigations, it was decided that the CIA then having a hit out on Castro was a bad idea. The US did not want to encourage assassinations of US leaders, so the Castro hit was cancelled, and a US policy began, that US gov agencies were not to attempt assassinations around the world. It would appear that today, this assassination logic has been reversed. Once again, the US government is in the assassination business. I later found out120 that Pres Bush cancelled the no-assassination policy, immediately after 9-11. Drones have been around for decades. Until 9/11, US use of them was pretty much secret, and public pronouncements by US heavily bashed Israel for use of drones, and other military ordinance, against sources where terrorist attacks were believed to have originated, including refugee camps, which had been the launch sites of rocket attacks against Israel. Israels enemy was deliberately placing innocent civilians at risk, inviting Israeli counter-attack, so as to inflame the general public against Israel. Then USA started doing the same kind of thing, after 9-11. The mentality is something like the following: ... let's suppose a bank holdup is going on, the police could go in, in force, shoot everyone, the crooks, the bank employees, innocent customers who happened to be in the bank when the holdup began. Theory might be that killing the bandits is more important than any other civilized consideration. Then the military program expanded to anyone in the area who might be a bad guy, like attacking someone just driving past the bank, maybe they casing it for a future robbery. Civilians, who want to avoid getting killed by this, rapidly learn to stop using those banks, for any of their banking business, and finding commute routes that do not even bring them within a block of the bank. An example of this is in territories where the USA suspects there are terrorist training camps, attacks any outdoor gathering. This teaches the locals to stop holding school, a wedding party, or government meetings outside buildings in the hot weather. Because US drone operators cannot tell the difference between a legitimate meeting of innocents, and a meeting of USs enemies. Until drones, weapon systems had been getting better and better at avoiding collateral damage. I remember in the second gulf war, how US troops were taking fire from a building in an urban area which had a hospital on one side, a hotel on the other, the return fire hit only the part of the building from which the shooting coming, did no damage to any of the other buildings around. Contrast that to WW II, when state of art was to set many city blocks on fire, create a fire storm, where mass damage inflicted. Well we are
120

See: Drone Dates.

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returning to the WW II reality, where an attack some place is a mass attack, kill everyone in some locality, where the definition of who is to be killed, and why, is becoming very scary. These mass killings justified because the nation is at war. We need to review the 9-11 commission report, numbers of people killed in 9-11. By comparison, the numbers of people killed by drone attacks, and in the war in Iraq, much larger than the number of people killed and injured in USA on 9-11. But the point of war is not to kill some equal number of the enemy, it is to win the war, to end the enemy desire to kill us. We do not seem to be getting there. These mass drone attacks are generating new enemies against the USA. Some reasoning is flawed, like the notion that the War on Drugs can be won, when doing nothing medically to help the people with addiction demand for substances which have been declared to be illegal. It might not be wise to even be having this analysis. We live in this free and open society. We understand our infrastructure. We see these possibilities. Our enemies do not. Their failure to exploit this vast abundance of vulnerabilities, is not thanks to good police work, but lack of their access, and lack of their imagination. Sooner or later they will exploit them, then there will be investigations and it will be found that the exploited vulnerabilities were known for decades before they were exploited, then the government will invest $billions in the most expensive way imaginable to protect those infrastructures, because the 1% game is to operate national security like pork, war profiteering. Us discussing the risks, could give the enemy ideas what can be attacked sooner, rather than later, when the ideas occur to them independently. Thus we have a duty to help our government improve our defenses against the day this risk rises.

Al Mac Research split (3 Jan 11)


My drone documents are named with a version #, which I increment as I replace with re-writes. In parentheses after each chapter heading is date in format (Year Month Day) when I last updated the contents of that chapter. People with an earlier edition can see what has been updated since they last got a copy. Some chapter headings end in an exclamation point. These indicate either identification of a controversy, and-or links to what the facts may be. Some chapter headings have a number # sign at the end. These indicate chapters with specifics on counts of people killed. Other symbols may be added later. This helps correlation of conflicting info sources, in my further research.

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Formerly, all my notes on Drones were in one document, which was growing excessively large. I have now split them into the following focus areas:

Drone Dates = Time Line Calendar of Dates of What Happened in Drone usage
History, and When we found out, thanks to publication of Key documents. 121

Drone Issues = A summary of what the controversial problems appear to be, reasons
we need to figure out what is happening, then participate in the political debate over what should be happening. Some of the things people believe about drones, they may be mistaken, those concerns belong in the directory, and need to be investigated, clarified, will be in my other drone documents.

Drone Log = Al Mac tracking overall collection of Al Mac Drone documents,


primarily for personal convenience this info will be least interesting part of the collection, for other people.

Drone Nations = A list of nations where drones are operating, being manufactured,
purchased, hacked, crashing, being used by military, not necessarily of same nation. With each nation listed, I have footnotes with links to examples of how drones are being used in that nation, the sophistication of the drones, and more info. We see many articles claiming drones are in 40 or 50 nations. The last relevant GAO report, which I saw on this, says that 50 nations are manufacturing drones, with over 900 different models total, and many of them exporting to other nations in the world. Drone Nations is a directory of nations with drones, with multiple links cited on what each nation is doing with drones, and my effort to correlate mismatches between different sources. In time, I expect this list to grow.

84 nations have their own drones, some manufactured domestically, some imported. 11 nations do not have their own drones, but are the targets of military drone action. 2 nations do not have their own drones, but other nations base their military drones there,
and we found out about them due to drone crashes there (one of my sources is a directory of 100 drone crashes where). Thats 84-97 nations with drones, depending on how you want to count them. Theres several nations (like Iran and Israel) which both make drones, export drones commercially, and use drones to attack one another. When Iran did a hack down of a US drone a while back, many people thought it was a fluke, but in Oct 2012: an Iran-built drone flew over Israel, which was not able to hack it down, so they shot it down. This shows that Iran has become a leader in cyber wars.

121

Drone Reports is a directory of major sources of info, which I have located so far, downloaded some.

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Drone Notes = my main overall (original) document, which later may be split again.
Here you can find: o Links to where I get this info, including official sources; 122 o Hundreds of USA locations, where drones are in use; o Legal complications; Political Complications; o Statistics on numbers of innocent bystanders killed, and numbers of enemy targets; o Technology advances, changing nature of Drone Capabilities; o Other topics.

Drone Reports = A directory of relevant downloads located, where, info about them,
read so far, where my notes ended up, from that digesting.

Drone Robots = Serious implications of development of killer drones which can


operate without human in the loop. Some people are in denial that they exist, so in addition to laying out implications, I also provide citations about where this technology has been going.

Drone Scribd = I created a Drone Info collection on Scribd, which lists many

educational, interesting, and stimulating Scribd articles and documents on Drones. 123 Then I started reviewing them. Where I found, what seemed to me to be errors of fact, distortions, or incomplete pictures, I cite sources to complete the story, to help authors, of the other efforts, address gaps in their presentations. So in addition to my summary observations on many Scribd info sources about Drones, I also try to provide a road map to other sources I have found, relevant to the picture(s) painted by these Scribd reports. Also see Drone Notes, which contained this same kind of research material, before I started the Drone Scribd focus.

Drone Terms = Glossary of Terminology, Acronyms, Concepts etc. which have come
up in my drone research. I have also encountered some parallel tales of alleged official misconduct, which have led to some non-drone content. It has now grown to over 1,000 acronyms, terms, and concepts defined, relevant to my Drone research so far. For more details, see Al Mac Shared Research section, at end of Drone Notes document, and what is in Drone Log.

Drone Research Sharing Sites (3 Jan 11)


Many places on the Internet, we must register with the site, to access info there, but some people are nervous about personal info which must sometimes be divulged to do so. In
122 123

Now just footnote citations, since directory of sources has moved to Drone Reports. http://www.scribd.com/collections/3807680/Drone-Info at http://www.scribd.com/AlMac99

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theory, with Google Drive Documents, where I have collection = Drone Info, with my Drone Dates + Issues + Log + Nations + Notes + Reports + Scribd + Terms,124 all you need is the url in my footnote link, to get at my Drone Info125 Google collection, which also includes many official documents from government and other sources. If you are on Scribd, here you can locate what I have uploaded there so far.126 It includes a spectrum of research into many different topics, not just on Drones. If you are on Linked In, and connected to me: http://www.linkedin.com/in/almacintyre then you could access my Linked In Box Net shared document files, until the end of 2012 when Linked In dropped Box Net, without providing an exit strategy. There, I have folders for many topics, including Drone Info. That folder contains my Drone Dates + Issues + Nations + Notes + Scribd + Terms. Within the Linked In Box Net Drone Info folder, I have Drone Sources sub-folder, with copies of various official documents from my collection. I have figured out how to access the 129 documents I had there, one at a time. I have not yet figured out how to make the collection accessible to the public again, short of copying them one at a time. I have a growing collection of documents on drones downloaded from a multitude of official sources. I have not uploaded all the same ones to all the above collections, for various reasons. For some the copy-right permission to re-share them is murky. Some I have not yet studied, may adjust their naming after doing so, to make the content clearer. The Author of this research, Alister Wm Macintyre, welcomes other people to download copies of Als work, but warns that different cited sources have different attribution and copyright restrictions, so care should be followed downstream, in selecting where to reuse the material.

Contacting author (2 July 10)


When searching for me: Alister William Macintyre = my full name (Wm for middle initials) Al Macintyre = name I have used during most of my career Macwheel99 = e-mail handle (Mac-Wheel is a play on Surname)

124 125

https://docs.google.com/folder/d/0B9euafJH4b-ZLWR0bmZLS3d5OVk/edit Google Drive Document Collection = Drone Info: https://docs.google.com/folder/d/0B9euafJH4b-ZLWR0bmZLS3d5OVk/edit I also have a Google Drive Doc Collection = Disaster Avoidance, where I look into what the heck happened to cause various disasters, various proposals to be better prepared for better response, in many cases I do not yet have all the answers I desire. https://docs.google.com/folder/d/0B9euafJH4bZMTA0YTM0YzktNTI0YS00NjVhLTg5NTItY2RiZjhiM2MzODkw/edit 126 http://www.scribd.com/AlMac99

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Macwheel98 = a few places where they messed up my access as Macwheel99, so I opened new account with this count down. AL MAC = sign-on name work place computers AlMac99 = user-id when joining places where function of user-id unclear to new users Here is how to get a hold of me via various social media. https://plus.google.com/u/0/108007903544513887227/about http://www.linkedin.com/in/almacintyre also on Facebook (may be leaving FB) http://emergencysociety.com/ http://haitirewired.wired.com/profile/AlisterWmMacintyre http://rebuildhaitibetter.ning.com/profile/AlisterWmMacintyre Haiti Research shared with / posted at http://www.haiti.prizm.org/ and http://groups.yahoo.com/group/HaitiDisasterRecoveryResearch/

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