The Federal Aviation Administration predicts there will be some 30,000 drones expected to be integrated into American airspace by 2015. Domestic drones are now on the market and come in varying sizes from a 10-15 pound craft one can easily see at a distance down to the size of a mosquito. These new drones carry cameras, and they can be outfitted with thermal imaging equipment, face recognition systems, license plate readers, crowd control devices and even weapons. Most of these drones will be operated by federal agencies such as the Department of Homeland Security, Customs & Border Control, US Forestry Department, FEMA, but more will be operated by local police departments. Many drones will be flown by private citizens. At present there are no rules or regulations on the public’s use drones which are being sold at record speed.
On the other hand Governmental agencies and private institutions must obtain authorization or a special license from the FAA to operate their drones and about 300 licenses have been issued thus far. The FAA certificates are only concerned with aviation safety and have little regard for privacy concerns. Civil rights advocates worry this trend could lead to abuses, with law enforcement agencies conducting unnecessary surveillance.
States are ramping up efforts to pass legislation controlling both government and private use of drones and thus far 6 states have passed new law. Most of those new laws are directed at law enforcement and require a search warrant for the use of drones. While there are two bills (AB 1327 and SB 15) making their way through committees, California has yet to pass on legislation to protect the privacy rights of citizens. It is anticipated neither of these bills will be enacted before 2014 or even 2015.
While we entrust our state representatives to “do the right thing” to advance law which will protect our Constitutional and privacy rights, there is no evidence that our legislators are concerned about the public’s rights. The two pending bills appear to advance the industry without sufficient protections to citizens. Both bills allow the use of drones but require citizens file lawsuits for private abuses. There are little to no safeguards against criminal use of drones by thieves, stalkers or predators.
While we await California legislators to take action, some Nevada County citizens are taking matters in hand and have drafted a local initiative banning drones from public use and requiring search warrants for law enforcement use. The County Counsel for Nevada County opposes the proposed initiative claiming citizens have no “jurisdiction” to pass such law since the FAA “governs all airspace” and the issue is preempted by federal law. County Counsel has commenced legal proceedings and has stopped the initiative process at this time. Proponents of the initiative have filed briefs arguing that the FAA does not control all airspace down to the ground, and that property owners have rights to the beneficial use of their properties, including their airspace, up to at least 400 feet. Proponents assert that it is within the police power reserved to citizens to enact law necessary to protect them from trespassing drones and from governmental overreach. The court is expected to make its decision on whether this local group has “jurisdiction” to circulate the initiative, or not. The hearing takes place on October 18, 2013 at 1:30 p.m. in Department 6 of the Superior Court in Nevada City. This is a public proceeding and all concerned citizens are welcome to attend. For more information contact Attorney Lorraine Reich at 530-274-1077.
