This past Christmas, Santa Claus brought my young nephew a recreational drone.
No sooner had it been assembled than everyone trooped out to the back yard to see it in
action. “Controlled” by an excited nine-year-old, the drone swooped and swerved,
providing us with pictures of the woodpile, the neighbors’ roofs and a nearby traffic light.
It seemed a harmless, albeit sophisticated, toy. However, shortly thereafter it was reported
that a hobbyist was arrested after accidentally crashing a drone on the White House
grounds, alarming the Secret Service. Apparently drones are prohibited throughout the
District of Columbia on national security grounds. For the rest of the country, regulation
of drones, or lack thereof, has become a hot legal topic.
FEDERAL REGULATION
The Federal Aviation Administration (FAA) is prohibited by statute from regulating
lightweight, safely-operated recreational “model aircraft” as long as they do not interfere
with manned aircraft and are not flown within five miles of an airport. In response to the
advent of drone technology, the FAA has begun the process of revising its policies and
regulations. At this point, it is unclear whether the statute will be amended, or whether
drones will be excluded by regulation from the “model aircraft” category.
NEW JERSEY REGULATION
Although the FAA regulates flight operations, the states can regulate airspace at
lower altitudes. State legislatures are generally more concerned with privacy issues than
flight safety or national security. In New Jersey, the legislature last year passed a law
prohibiting drone use for police surveillance (with exemptions for fire fighting and looking
for missing persons) but it was pocket-vetoed by Gov. Christie. In other states, a few
municipalities have enacted ordinances prohibiting the use of drones to film or photograph
individuals on private property.
In the absence of new laws and regulations pertaining specifically to drones, current
laws may be extended to provide privacy protections against drone surveillance. In addition
to civil claims for invasion of privacy, criminal laws against harassment, stalking and trespass
may be put to use. It should be noted that such surveillance can be more than merely
annoying; drones can be equipped to pick up signals from cell phones, radio frequency
identification date (as in credit cards), garage door openers and other broadcast data. The
potential for crime, including industrial espionage, seems obvious. So far, the adequacy of
existing rights and laws to protect against drone surveillance has not been tested. Stay
tuned.
DISCLAIMER – This article is for general information only and is not intended to
provide legal advice or to address specific legal problems. This article does not create an
attorney-client relationship. For legal advice concerning real estate transactions and all
other legal matters, consult an attorney.
This entry was posted in MMJ Commentary. Bookmark the
permalink. Comments are closed, but you can leave a trackback:
Trackback URL.
It’s a Bird! It’s a Plane! It’s a Drone!
This past Christmas, Santa Claus brought my young nephew a recreational drone.
No sooner had it been assembled than everyone trooped out to the back yard to see it in
action. “Controlled” by an excited nine-year-old, the drone swooped and swerved,
providing us with pictures of the woodpile, the neighbors’ roofs and a nearby traffic light.
It seemed a harmless, albeit sophisticated, toy. However, shortly thereafter it was reported
that a hobbyist was arrested after accidentally crashing a drone on the White House
grounds, alarming the Secret Service. Apparently drones are prohibited throughout the
District of Columbia on national security grounds. For the rest of the country, regulation
of drones, or lack thereof, has become a hot legal topic.
FEDERAL REGULATION
The Federal Aviation Administration (FAA) is prohibited by statute from regulating
lightweight, safely-operated recreational “model aircraft” as long as they do not interfere
with manned aircraft and are not flown within five miles of an airport. In response to the
advent of drone technology, the FAA has begun the process of revising its policies and
regulations. At this point, it is unclear whether the statute will be amended, or whether
drones will be excluded by regulation from the “model aircraft” category.
NEW JERSEY REGULATION
Although the FAA regulates flight operations, the states can regulate airspace at
lower altitudes. State legislatures are generally more concerned with privacy issues than
flight safety or national security. In New Jersey, the legislature last year passed a law
prohibiting drone use for police surveillance (with exemptions for fire fighting and looking
for missing persons) but it was pocket-vetoed by Gov. Christie. In other states, a few
municipalities have enacted ordinances prohibiting the use of drones to film or photograph
individuals on private property.
In the absence of new laws and regulations pertaining specifically to drones, current
laws may be extended to provide privacy protections against drone surveillance. In addition
to civil claims for invasion of privacy, criminal laws against harassment, stalking and trespass
may be put to use. It should be noted that such surveillance can be more than merely
annoying; drones can be equipped to pick up signals from cell phones, radio frequency
identification date (as in credit cards), garage door openers and other broadcast data. The
potential for crime, including industrial espionage, seems obvious. So far, the adequacy of
existing rights and laws to protect against drone surveillance has not been tested. Stay
tuned.
DISCLAIMER – This article is for general information only and is not intended to
provide legal advice or to address specific legal problems. This article does not create an
attorney-client relationship. For legal advice concerning real estate transactions and all
other legal matters, consult an attorney.