Abstract
With the 2012 congressional mandate that the Federal Aviation Administration promulgate rules allowing the use of small unmanned aircraft systems (commonly called drones) in U.S. airspace, many have expressed concerns about potential invasions of privacy by both private citizens and law enforcement agencies. This article provides a survey of the state and federal case law and legislative responses to such concerns through August of 2016, with a detailed focus on legislative enactments creating crimes related to civilian drone use and regulating the law enforcement use of drones to collect evidence in criminal investigations. The article also analyzes and attempts to make sense of the seemingly “hit-or-miss” state legislative responses to the advent of widespread drone use in the United States.
Highlights
In February of 2012, the U.S Congress enacted the FAA Modernization and Reform Act,[1] which mandated that the Federal Aviation Administration (FAA) implement regulations for the integration of small unmanned aircraft systems, commonly referred to as unmannedI Department of Criminology and Criminal Justice, Indiana State University, Terre Haute, Indiana, U.S.A.The author wishes to extend her appreciation to the blind reviewers of the original manuscript for their helpful comments in preparing the final version of the manuscript.Lisa Kay Decker aerial or aircraft systems (UAS), unmanned aerial vehicles (UAVs), or drones, into U.S airspace
With the 2012 congressional mandate that the Federal Aviation Administration promulgate rules allowing the use of small unmanned aircraft systems in U.S airspace, many have expressed concerns about potential invasions of privacy by both private citizens and law enforcement agencies
This article provides a survey of the state and federal case law and legislative responses to such concerns through August of 2016, with a detailed focus on legislative enactments creating crimes related to civilian drone use and regulating the law enforcement use of drones to collect evidence in criminal investigations
Summary
In February of 2012, the U.S Congress enacted the FAA Modernization and Reform Act,[1] which mandated that the Federal Aviation Administration (FAA) implement regulations for the integration of small unmanned aircraft systems (sUAS), commonly referred to as unmanned. On June 28, 2016, the FAA published “Operation and Certification of Small Unmanned Aircraft Systems, Final Rule.”[3] This rule addresses issues related to the commercial operation sUAS, including aircraft requirements, operator certification and responsibilities, and operational limitations; these include a prohibition against flying over persons not involved in an operation who are not under cover of a structure or a stationary vehicle. The FAA website suggests that law enforcement agencies may apply to obtain a blanket public Certificate of Waiver or Authorization (COA) allowing “nationwide flights in class G airspace at or below 400 feet, self-certification of the UAS pilot, and the option to obtain emergency COAs (eCOAs) under special circumstances.”[4] Beyond this, the FAA has not made any specific attempt to regulate the use of drones by law enforcement or to address privacy issues related to drones, leaving such issues to state and federal legislators. Are They Spying on You?”6 “Sen. Dianne Feinstein Says There’s No Regulation of Commercial Drones,”[7] and “Spies in the Sky Signal New Age of Surveillance.“8 The Orwellian fear that Big Brother is watching, via drone, has become palpable
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