Abstract

Under circumstances that seem reminiscent of the rise of the Internet as a mainstream platform 20 years ago, the rise of recreational and commercial drone use is creating a confused and possibly dangerous tangle of competing interests that the law is having a difficult time keeping up with. The FAA has reported over 600 illegal drone sightings through mid-August of 2015 compared with less than 240 through all of 2014. Pilots of commercial airliners at Newark, Minneapolis, Austin, Tex, and Raleigh-Durham airports have reported sightings and near collisions at altitudes as high as 12,000'. Drones have also been reported to have interfered with firefighting aircraft attacking this summer’s wildfires in California. WiFi and cellular enabled drones (that can be controlled from mobile devices) have been hacked and made to crash. Drone-based photography has raised privacy concerns with reports of drones being attacked or even shot down by property owners and persons being photographed. And questions about the limits of drone use by law enforcement agencies are being raised.

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