The Trump administration is introducing legislation that would allow the Department of Homeland Security and the Department of Justice to intercept drones that pose a threat “to the safety or security of a covered facility or asset.”  The legislation is necessary because intercepting a drone would involve interfering with electronic communications in violation of the

We have previously noted that people often view new technology with skepticism, and even trepidation bordering on fear. That perception changes as both costs decrease (resulting in more people using and adapting to the new technology) and the recognition of the tangible benefits produced by the new technology. In the early 20th Century, both automobiles

FAA Privacy

As a uniquely transformative technology, drones have the capacity to enrich our daily lives with innovative services, safer infrastructure, new forms of recreation, and countless  economic opportunities. These positive characteristics, however, cannot erase the risks drones pose to individual privacy. But the FAA opted not to include any privacy provisions in Part 107 for one

In June 2016, the FAA released its final Part 107 rules, allowing the operation of commercial drones in the National Airspace System (NAS). Whether these rules are infringing on the First Amendment is a developing topic. In Part I, we discussed the First Amendment and the different standards of review courts apply to determine

Drones have a long history of being used to capture and share data. Beginning in the 1800s enterprising photographers used balloons and kites to lift cameras hundreds of feet into the sky to capture stunning images of American cities. Similarly, in Europe, not only were kites and balloons used to capture aerial shots, photographers’ also

Fox

On May 24, 2016, we published an article discussing the National Telecommunications and Information Administration (“NTIA”) issuance of Best Practices for privacy and other issues surrounding drone use. Attached as an Appendix to those Best Practices is a list of guidelines for neighborly drone use intended to be a quick and easy reference guide

Drones are a uniquely transformative technology in the commercial and private sectors. Indeed, greater operational flexibility, lower capital requirements, and lower operating costs allow drones to enrich people’s daily lives by providing innovative services, safer infrastructure, recreational uses, and greater economic activity. The assimilation of this technology into everyday life, however, raises concerns for privacy

Federal versus State

It was the best of times, it was the worst of times…”

– Charles Dickens, A Tale of Two Cities

The quote above aptly describes the present legal landscape surrounding drones. Drone technology and popularity continues to skyrocket. But as numerous state and local laws regulating drones conflict with both the FAA’s contention

Bewildered and fatigued, he lay there underneath the extirpated munitions shed. The mound of rubble around him blackened and scarred, swirled with smoke. The blast from the RPG had rattled him, but as he struggled to gain his composure, he was greeted with a heightened sense of his surroundings and an uncanny calmness. A cool