Technology and Privacy

[jya@pipeline.com (John Young)]

   The Washington Post, July 1, 1996, p. A16. 
 
 
   Technology and Privacy [Letter] 
 
 
   In reference to the May 31 editorial "Plant Lights and 
   Privacy" commenting on an 11th Circuit Court of Appeals 
   decision to uphold the use of thermal imaging in cases 
   involving indoor marijuana growing operations: The U.S. 
   Supreme Court had just declined to review that 11th Circuit 
   decision. 
 
   On June 11, The Post published a letter from Jack King 
   ["When Government Can Look Through Walls"] warning us that 
   thermal imaging, as developed by the military and as used 
   by civilian law enforcement agencies with the cooperation 
   of the military, posed an Orwellian threat to citizens 
   because the government could use the technology to tell if 
   two people were making love in the privacy of their 
   bedroom. 
 
   To set the record straight, military thermal imaging is 
   used to support civilian law enforcement only after other 
   probable cause for a search warrant, such as power bills, 
   observation of boarded-up windows, vents on the roof to 
   draw away heat and buys by confidential informants, are 
   documented. The military is then called in, using thermal 
   imagers, to determine if there is an unusual heat source in 
   the house as detected by heat escaping from the house. In 
   dozens of cases where thermal imaging was used, I have not 
   observed one case where it could detect the activity of 
   people in a house, let alone a bedroom. I also have not 
   observed the technology to have the ability to detect what 
   people are doing in any room behind closed doors, covered 
   windows and walls other than to detect blurs or shadows 
   moving around behind light curtains. 
 
   The United States v. Cusumano language quoted by Mr. King 
   was reversed last month by the court because the original 
   three judges decided it was an issue that didn't need 
   deciding, i.e. the constitutionality of thermal imaging 
   absent a search warrant, and did not exercise "judicial 
   restraint." 
 
   The trend to Mr. King's "militarization" of the war on 
   drugs, based on a decision by then-secretary of defense 
   Richard Cheney that drug use represented a threat to our 
   national security, is being carried out with restraint, 
   respect for the law and an appropriate appreciation for the 
   privacy of our citizens. 
 
   Barrie A. Vernon 
   Alexandria 
   The writer is an attorney with the National Guard Bureau at 
   the Pentagon working in support of the counter-drug 
   directorate. 
 
   [End]