SOVEREIGNTY IN THE SKIES AIRSPACE SOVEREIGNTY AND PRIVACY UNDER THREAT IN THE DRONE-ERA

Abstract

Drone technology has been growing in leaps and bounds globally, raising serious concerns about national security, privacy, and regulatory oversight. Pakistan is, thus, not keeping up with the trend, as through evolving civilian airspace and in the absence of any act for it; UAVs are being abused adversely, in smuggling, surveillance, and even privacy infringing it has resulted in controversies. Given that you are well versed with the data and are well acquainted with the facts on ground, as of 4th October 2019, the data seems to suggest that the regulatory practices in place are in sharp contrast with the regulatory practices evident in some of the more developed countries e.g., the United States and European Union, in the unfortunate event of a drone strike, as well as the strategic rational nature of up scaling or decreasing drone regulations in Pakistan. Some countries (such as the U.S. and EU) have extensive drone regulations in place, which include, registration, operator certification and airworthiness standards, whereas Pakistan is hopelessly behind in its preparedness. There is no infrastructure build up surrounding monitoring, control, and regulation of operations in the country at the moment, and no specific laws to punish crimes related to drones. Additionally, this study examines the evolving security threats in Pakistan, especially in areas such as Khyber Pakhtunkhwa and Balochistan, where there has been an escalation in the use of drones for illegal activities, such as smuggling and unauthorized surveillance. Despite the rising criminal activities involving drones, this analysis shows that there are loopholes in existing policies that do not allow for the tracing of operators and the prosecution of individuals for misconduct. In addition, AI based long ranged surveillance and facial recognition drones become serious threat for privacy. No laws exist for the storage and transmission of data. Which leaves room for foreign entities to exploit this data. Based on comparative analyses of international drone regulations, local market practices, and law enforcement reports, the research proposes policy recommendations for Pakistan. But they also make recommendations: a specialized Air and Space Law Authority, registration of drones, licensing and biometric verification of operators, a ban for certain high-risk models and drone-crime laws. Moreover, Customs and import checks should be tightened and the Police and the Forces used by the government to stop unauthorized drones should be equipped with necessary tools to help them check and disable illegal drones to improve national security. This study’s results highlight the need for immediate regulatory adjustments to reduce the threat of drone usage and facilitate the provision of a protected and regulated airspace in Pakistan.