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Drone Regulation - US

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UNMANNED aircraft, otherwise known as drones, are becoming common. Many are familiar with America’s use of armed drones in Pakistan, Yemen and elsewhere, but drones are increasingly being used by other parts of the government, as well as by companies and individuals.

Drones can be far cheaper to operate than anything that requires an on-board pilot, and they are handy for making maps and taking pictures and videos. The FBI uses a small fleet of drones for law-enforcement surveillance. Customs and Border Patrol uses them to monitor the American border with Mexico (though the programme was recently found to be ineffective and expensive). Commercial drones are now regularly used for real-estate photography and to monitor oil and gas pipelines, among many other applications.

The proliferation of drones—which include both small fixed-wing aircraft and small rotorcraft with multiple propellers—raises some vexing public-policy questions. In an effort to safely integrate drones of all sizes into American airspace, the Federal Aviation Administration (FAA) is now figuring out how to regulate the small ones (ie, less than 55 pounds). As drones acquire so-called “sense and avoid” technology to automatically avoid collisions, the FAA and the aviation industry more broadly must parse thorny questions about how to either prevent accidents involving flying robots or assign liability in the inevitable event of one.

But questions of air safety are relatively straightforward compared to another broad set of concerns that drones raise: how do they impact privacy? At issue is the way some drones can loiter overhead for long stretches, engaging in what is called “persistent surveillance”. As drones—and other airborne surveillance platforms, such as circling manned aircraft and lighter-than-air craft—become cheaper and more effective, persistent aerial surveillance could become the norm, and no privacy or transparency measures currently exist in the law. So figuring out how to protect privacy without pre-empting innovation is as tricky as it is necessary. On February 15th, the same day the FAA announced its new proposed rules for small drones, Barack Obama published a memorandum calling on government agencies to study the matter. The president also called on an agency in the Commerce Department to examine the privacy implications of drones used by individuals and corporations.

The current state of the law—both legislation and court decisions—is poorly suited to deal with persistent surveillance. This is because privacy law is tailored to questions of whether one is in public—an open field—or in a space where one has a “reasonable expectation of privacy”. The Supreme Court has, at times, expanded such spaces, for instance finding in 1967 that the FBI cannot eavesdrop on conversations in telephone booths without a warrant. But in this era of “big data”, the line between public and private can no longer be delimited by physical boundaries.

Complicating matters, there is no clear line between episodic surveillance—a snapshot—and persistent surveillance, even though the effects are profoundly different. As Justice Sonia Sotomayor pointed out in a 2012 case, incremental observations by the government may not violate a person’s privacy, but the sum total do. It’s the difference between a snapshot and an overhead video that shows the comings and goings of everybody in a city over the course of a week. In such a video, a so-called “pattern-of-life” emerges. Any still frame from the video might be a defensible incursion on privacy, yet the whole video is something more than the sum of these parts.

What are the dangers of such videos? Plenty of similar information is available from mobile-phone records, which track the physical position of their users. Indeed, many technologies, from mobile telephony to e-mail, have been widely adopted before their impacts on privacy could be parsed by either consumers or regulators. But therein lies the value of regulating drones. As Ryan Calo, a University of Washington law professor, optimistically suggests, drones may serve as a “privacy catalyst”.

Americans no longer have to register non-commercial drones with the FAA - Recode. EPIC FOIA - FAA Defies Congress, Fails to Complete Drone Privacy Report. Drones FAA foia EPIC FOIA - FAA Defies Congress, Fails to Complete Drone Privacy Report Through an EPIC Freedom of Information Act request, EPIC obtained documents revealing that the FAA never finished a drone privacy report required by Congress.

EPIC FOIA - FAA Defies Congress, Fails to Complete Drone Privacy Report

Salesforce. Section 333 vs. Part 107: What Works for You? The Federal Aviation Administration’s (FAA) new small drone rule – formally known as Part 107 – is effective on August 29.

Section 333 vs. Part 107: What Works for You?

You may also be wondering what happens to your Section 333 exemption grant or petition for exemption. Remote pilot study guide. Topicly. How will new FAA commercial drone regulations impact farmers? WASHINGTON (Gray DC) In just a few weeks farmers will be able to take their field scouting to the skies after new federal rules for the commercial operation of small drones go into effect.

How will new FAA commercial drone regulations impact farmers?

“Farmers and ranchers are excited to find ways that they can benefit their farms," R.J. Karney with the American Farm Bureau says new rules from the Federal Aviation Administration put valuable technology in reach for farmers or ranchers who don't have a pilots license. "What this will allow farmers to do will be to utilize a new complimentary tool The new tool in the toolbox as we are saying," Karney said. Under the new rules, commercial drone operators can only fly from sun up to sundown, stay under 400 feet, cannot fly above people and must keep visual contact with the drone.

Legal Issues for Drones on Construction Job Sites. Operation and Certification of Small Unmanned Aircraft Systems. As discussed in the previous section, in order to determine whether certain UAS may operate safely in the NAS pursuant to section 333, the Secretary must find that the operation of the UAS will not: (1) Create a hazard to users of the NAS or the public; or (2) pose a threat to national security.

Operation and Certification of Small Unmanned Aircraft Systems

The Secretary must also determine whether small UAS operations subject to this rule pose a safety risk sufficient to require airworthiness certification. The following preamble sections discuss the specific components of this rule, and section III.J explains how these components work together and allow the Secretary to make the statutory findings required by section 333. A. Josh Begley Tweets Entire History of U.S. Drone Attacks.

It’s a decade-long story that Josh Begley believes too few Americans know about. A story, he says, “that fundamentally shifts how we understand what war is.” It’s the story of unmanned drones redefining the front lines in the U.S. War on Terror. Interruptibility. February 27 House Judiciary Hearing on “Drones and the War on Terror” Just How Many Drone Licenses Has the FAA Really Issued? The Los Angeles Times reported last week that the FAA has issued 1,428 permits to domestic drone operators since 2007 and noted this was “far more than were previously known.”

Just How Many Drone Licenses Has the FAA Really Issued?

This new number points out again how difficult it is to answer the most common questions EFF gets from reporters about drones — just how many agencies have applied for drone licenses? City in Virginia Becomes First to Pass Anti-Drone Legislation - US News & World Report. Charlottesville, Va., has become the first city in the United States to formally pass an anti-drone resolution.

City in Virginia Becomes First to Pass Anti-Drone Legislation - US News & World Report

The resolution, passed Monday, "calls on the United States Congress and the General Assembly of the Commonwealth of Virginia to adopt legislation prohibiting information obtained from the domestic use of drones from being introduced into a Federal or State court," and "pledges to abstain from similar uses with city-owned, leased, or borrowed drones. " Seattle grounds police drone program. Originally published February 7, 2013 at 9:34 PM | Page modified February 8, 2013 at 8:52 AM Saying police need to stay focused on “community building,” Mayor Mike McGinn has pulled the plug on the department’s controversial drone program even before it got off the ground.

Seattle grounds police drone program

In a brief statement Thursday, McGinn said he and police Chief John Diaz agreed that it was time to end the program so the Seattle Police Department “can focus its resources on public safety and the community building work that is the department’s priority.” McGinn said the two drones purchased by the city with federal funds will be returned to their vendor. When reached for comment, Seattle police referred questions to the mayor’s office. Is That Legal? — Privacy Law Today - What’s at Stake? Part One: Digital Communications and Technology. “Here’s a thought that might make even the most conscientious e-mail user nervous: ‘When the CIA director cannot hide his activities online, what hope is there for the rest of us?’ …[David Petraeus’] story has gotten lots of media attention, in part for its soap-operatic qualities. Less discussed, however, at least outside the technology press, is what this e-mail-based investigation says about privacy and surveillance in the digital age.”

(John Sutter, What the Petraeus scandal says about digital spying and your e-mail, CNN) As we follow the very public downfall of four-star general and former CIA head David Petraeus, it’s easy to wonder just how far the notion of “privacy” has evolved – and will evolve, in the face of ever-changing technology. Petreaus was brought down by an FBI agent who accessed his personal emails, relying on laws that were written before emails even existed. First up - key considerations regarding technology and digital security: Object moved. Unmanned aircraft systems (UAS), commonly called unmanned aerial vehicles (UAVs) or drones, have a host of applications including law enforcement, land surveillance, wildlife tracking, search and rescue operations, disaster response, border patrol and photography.

Object moved

State legislatures across the country are debating if and how UAS technology should be regulated, taking into account the benefits of their use, privacy concerns and their potential economic impact. So far, 32 states have enacted laws addressing UAS issues and an additional five states have adopted resolutions. Common issues addressed in the legislation include defining what a UAS, UAV or drone is, how they can be used by law enforcement or other state agencies, how they can be used by the general public and regulations for their use in hunting game. Al Macintyre on self driving cars. DHS Working Group to Consider Privacy Impact of Drones. DHS Working Group to Consider Privacy Impact of Drones The Department of Homeland Security has released a previously internal memo regarding the establishment of a working group to "Safeguard Privacy, Civil Rights, and Civil Liberties in the Department's Use and Support of Unmanned Aerial Systems" (drones).

DHS Working Group to Consider Privacy Impact of Drones

The memo states, "[t]he overarching goal of the working group is to determine what policies and procedures are needed to ensure that protections for privacy, civil rights, and civil liberties are designed into DHS and DHS-funded [drone] programs. " DHS has developed a program to explore the expansive use of small drones for law enforcement. Customs and Border Protection currently operates 10 Predator B drones in the United States.

In testimony before Congress in July 2012, EPIC said that federal agencies operating drones should adopt privacy regulations. United States Cyber Incident Coordination. July 26, 2016 SUBJECT: United States Cyber Incident Coordination The advent of networked technology has spurred innovation, cultivated knowledge, encouraged free expression, and increased the Nation’s economic prosperity.

United States Cyber Incident Coordination

However, the same infrastructure that enables these benefits is vulnerable to malicious activity, malfunction, human error, and acts of nature, placing the Nation and its people at risk. Cyber incidents are a fact of contemporary life, and significant cyber incidents are occurring with increasing frequency, impacting public and private infrastructure located in the United States and abroad.

United States preparedness efforts have positioned the Nation to manage a broad range of threats and hazards effectively. White House unveils plan to boost drones. The Obama administration is mounting a new effort to expand drone use, which includes boosting funding for research, directing federal agencies to use the technology for department missions and teeing up new rules for flying drones over crowds.

The administration is building on its efforts to integrate drones into the national airspace, following on the heels of its first major rule permitting small commercial drone use in June. The White House Office of Science and Technology Policy announced the latest slew of policy initiatives in conjunction with a Tuesday workshop to examine the future of unmanned aircraft systems (UAS) and aviation. The emerging industry is projected to generate more than $80 billion for the U.S. economy by 2025 and could create up to 100,000 jobs.

Michael Huerta, head of the Federal Aviation Administration, announced at the workshop that he plans to propose rules concerning the operation of drones directly over people by the end of this year. Window to the Law: FAA Issues Drone Rules. IAPP Piece Outlines Drone Privacy State-of-Play. The FAA said that over half a million drones have been registered in just 8 months — Quartz. At a conference at the White House today (Aug. 2) on the future uses of drones in US airspace, Federal Aviation Administration director Michael Huerta told the gathered crowd that more than consumer 500,000 drones had been registered with the agency since December. At the end of last year, the FAA mandated—arguably as a stopgap against potentially stricter regulations from Congress about how citizens can use drones—that anyone wishing to fly a consumer drone weighing more than 0.5 lbs needed to get a registration number from the FAA for $5.

While there was a roughly month-long grace period where the FAA was refunding people that registered, if the agency had collected its fee for every person that registered, it would’ve brought in over $2.5 million. FAA Grants Section 333 Exemption for Paper AirplaneDrone Law. Yes, you read that correctly. The FAA got massively trolled by Peter Sachs, who applied for and received a Section 333 Exemption to commercially operate a PowerUp 3.0 Smart Phone-controlled paper airplane.

Justia U.S. Supreme Court Center. Syracuse Is Fifth City to Pass Anti-Drone Resolution. Status of Domestic Drone Legislation in the States. Drone expert: Obama admin. doesn't know who it's killing. FAACO - Federal Aviation Administration Contract Opportunities. Drone Regulators Struggle to Keep Up With the Rapidly Growing Technology. What Ethics Should Guide the Use of Robots in Policing? - Room for Debate. New documents show the Obama admin aggressively lobbied to kill transparency reform in Congress. Current Unmanned Aircraft State Law Landscape. The First-Ever OSTP Workshop on Drones and the Future of Aviation at the White House. Fifty-nine years ago this week, President Dwight D. RIN 2120 AJ60 Clean Signed.