8.4 - Research Blog 5: Unmanned System
Implementation Strategy
UNSY 501 Applications in Unmanned Systems
Miguel H. Quine - Embry Riddle Aeronautical
University
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Current Unmanned Aircraft State
Law Landscape – Ethical, Privacy, and Legal Issues
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The article of the National Conference of State Legislature
(NCSL) (July 7, 2016): “Current Unmanned Aircraft State Law Landscape” includes
a summary of the Unmanned Aerial Vehicles 2016 Legislation status in all states
of USA. This summary includes UAS laws, bills, and resolutions.
The article explains that “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. 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”. (NCSL, 2016)
The requirement to have an ethics, privacy and safety plan
in place for an unmanned system operations is a good effort of the FAA to
protect the privacy and safety of the citizens, but the legal issues around the
privacy rights of the citizens belong to the states or local legislatures or
federal Judicial power. Anyway, in regards to obtaining an FAA certification or
authorization, the applicant must comply with many steps, adding more
requirements, such as more stringent privacy plans, wouldn't necessarily
prevent the companies or operators that would violate these laws in the first
place. Harsh penalties, to include certification and license revocation fines
and federal law enforcement participation would be a sufficient deterrent as
long as the enforcement agencies are consistent and active in enforcing current
laws and regulations.
On June 21, 2016 FAA has announced the new regulations of UAVs operations that involve a security plans of protection for American citizens, but the legal issues around the privacy is responsibility of the states or local laws. However “the violators of the privacy and safety of the citizens can be prosecuted under other laws rather than FAA or UAV-specific legislation, such as: Reckless endangerment (a felony), Invasion of privacy (can easily be upgraded to a federal complaint), Obstruction of police/emergency services duties (a felony), Noise ordinance violation, Littering”. (B&H, 2014)
On June 21, 2016 FAA has announced the new regulations of UAVs operations that involve a security plans of protection for American citizens, but the legal issues around the privacy is responsibility of the states or local laws. However “the violators of the privacy and safety of the citizens can be prosecuted under other laws rather than FAA or UAV-specific legislation, such as: Reckless endangerment (a felony), Invasion of privacy (can easily be upgraded to a federal complaint), Obstruction of police/emergency services duties (a felony), Noise ordinance violation, Littering”. (B&H, 2014)
Another question could point to the further steps that can
be taken to balance the privacy concerns of citizens with the desires of the
UAS industry to expand. The potential to expand the opportunities of unmanned
aerial systems is becoming more prevalent every day. The obvious answer would
be to construct rules and regulations that would minimize the ability for UAS
operators to violate a private citizens privacy rights, such as maintaining
certain distances from residences or populated areas unless directly
involved in a commercial activity (such as delivery services - future
perspective). But, the biggest deterrent against operators breaking the law is
a strong enforcement policy. FAA has started a good coordination with states
legislatures for new laws and has and enforcement system, but is not enough
fast to solve the issues and the news laws and regulations can sometimes become
complacent and weak on enforcement actions.
The general public is more fearful of UAS sensors than those on satellites, manned aircraft, or street
cameras. The fear of UAS sensors is partly warranted and partly suspect to wild
speculation gained from the media or other opponents of the UAS industry. It is
true that UAVs have many sensing capabilities that have the potential to be
used for malicious purposes and if this logic was used for all industries,
technology would have never had an opportunity to advance. But, just like
many of the things that we use in everyday life was once viewed with
skepticism, so goes UAS technology. This industry and the public will adjust to
each other and co-exist, but it is important for the public to trust
enforcement agencies to enforce privacy laws and regulations.
The regulations must apply to recreational UAS as well as
commercial. Current UASs technology has allowed for the same sensing
capabilities as commercial and recreational UAS's. The same enforcement actions
should be used against anyone who violates a privacy regulation while operating
a UAV in any of two modes. This is the best and unique way that the UAS
industry and FAA will gain the trust of the public.
Some examples of the 2015-2016 UAS Legislation:
2015-2016 UAS LEGISLATION
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STATE
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BILL
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SUMMARY
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ARIZONA
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SB
1449
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Prohibits
certain operation of UAS, including operation in violation of FAA regulations
and operation that interferes with first responders. The law prohibits
operating near, or using UAS to take images of, a critical facility. It also
preempts any locality from regulating UAS.
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CALIFORNIA
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AB856
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Prohibits
entering the airspace of an individual in order to capture an image or
recording of that individual engaging in a private, personal or familial
activity without permission. This legislation is a response to the use of UAS
by the paparazzi.
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FLORIDA
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SB
766
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Prohibits
the use of a drone to capture an image of privately owned property or the
owner, tenant, or occupant of such property without consent if a reasonable
expectation of privacy exists.
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IDAHO
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SB
1213
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Creates
the crime of unlawful use of an UAS and prohibits operation over any event
with more than 1500 attendees, over critical infrastructure and over an
incident where first responders are actively engaged in response or
transport. The law also specifies that only the state may enact a law or
regulation, preempting the authority of counties and municipalities.
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ILLINOIS
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SB
44
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Creates
a UAS Oversight Task Force which is tasked with considering commercial and
private use of UAS, landowner and privacy rights and general rules and
regulations for the safe operation of UAS. The task force will prepare
recommendations for the use of UAS in the state.
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TENNESSEE
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HB
153
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Prohibits
using a drone to capture an image over certain open-air events and fireworks
displays. It also prohibits the use of UAS over the grounds of a correctional
facility.
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TEXAS
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HB
2187
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Permits
individuals in certain professions to capture images used in those
professions using UAS as long as no individual is identifiable in the image.
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Technical Issues
But when our skies get more and more crowded, how can be managed the separation and deconfliction between unmanned aerial systems and manned aviation? The response point to case of the project of NASA UAS in the National Airspace Integration (NAS) and the role of the Federal Aviation Administration (FAA) focused in its roadmap “Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS).
But when our skies get more and more crowded, how can be managed the separation and deconfliction between unmanned aerial systems and manned aviation? The response point to case of the project of NASA UAS in the National Airspace Integration (NAS) and the role of the Federal Aviation Administration (FAA) focused in its roadmap “Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS).
NASA is leading the project “Unmanned Aircraft Systems
Integration in the National Airspace System” or “UAS in the NAS”.” The project
is focused to promote and help the integration of unmanned air vehicles into
the world around us; also, will contribute capabilities designed to reduce
technical barriers related to safety and operational challenges associates with
enabling routine UAS access to the NAS” (NASA, 2015)
The project involves entities such as Federal Aviation
Administration FAA and RTCA Special Committee 203 (formerly the Radio Technical
Commission for Aeronautics) which will receive critical data from the project. The
role of the FAA: “The Federal Aviation Administration’s (FAA) mission is to
provide the safest, most efficient aviation system in the world. The FAA
created the ‘Unmanned Aircraft Systems Integration Office’ to facilitate integration
of UAS safely and efficiently into the NAS. Toward that goal, the FAA is
collaborating with a broad spectrum of stakeholders, which includes
manufacturers, commercial vendors, industry trade associations, technical
standards organizations, academic institutions, research and development
centers, governmental agencies, and other regulators. (FAA, 2013)
References
Are Quadcopters Legal? Retrieved from
Current Unmanned Aircraft State Law Landscape. (2016, July 07). Retrieved from
http://www.ncsl.org/research/transportation/current-unmanned-aircraft-state-law-landscape.aspx
DOT and FAA Finalize Rules for Small Unmanned Aircraft Systems. (2016, June 21). Retrieved from https://www.faa.gov/news/press_releases/news_story.cfm?newsId=20515
DOT and FAA Finalize Rules for Small Unmanned Aircraft Systems. (2016, June 21). Retrieved from https://www.faa.gov/news/press_releases/news_story.cfm?newsId=20515
FAA Issues Fact Sheet on State and Local UAS Laws. Retrieved
from
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