The Current State of Drones, Laws, Regulations, Fear and Loathing.

Washington, DC--it's a painfully slow process for politicians and FAA bureaucrats to accept the need, legitimacy and relative safety of those little civilian drones. 

There was the initial hysteria of passenger jets crashing, mass privacy invasion because of those little drones.  The panic reaction was bolstered with thousands mistaken or deliberately false reports of sightings claiming drone misbehavior.  

Thankfully as the number of drones in civilian hands increased by leaps and bounds, the bogus reports quietly subsided considerably. 

Very recently progress has been made in allowing the commercial use of drones under a somewhat loosened set of rules and guidelines.  Along with the more realistic drone rules the FAA created the Part 107 licensing exemption with a written test for commercial drone pilots.  

They have allowed for considerable expansion of drone use in urban areas for news gathering, filmmaking, property inspection, marketing and photography.  

The FAA still must give a bit on night flights, first person view and use over highways and people. Slowly that too is happening.

The same is needed for low altitude flights below 150 feet near, but not adjacent to airports.  Inspecting a roof of a building with a drone that's a half mile from an airport from 30 feet above should not require anything more than simple caution. 

We've still not seen a single fatality, serious injury or property damage caused by a drone.  This despite nearly four million of them in the hands of all manner of men, women and children. 

Drones are a natural tool for news gathering purposes. Their excellent broadcast quality cameras, safe low altitude flight and minimal expense will save countless jobs in America's newsrooms.  

For news gathering drones are substantially preferable to helicopters in all but those high speed police chases.  The liability issues of drone use is also minuscule compared to that of helicopters. 

Still safety is a real concern along with the upscale price of drones that ultimately keeps their owners cautious. None of them want to see their precious drones damaged or lost.  

Finally superior drone video has become slowly integrated in our nation's TV newscasts.   There is virtually little noise and no pollution emitted from these marvelous little machines.

Hopefully police will begin to use them to document traffic accidents saving time and money.  Drones can cut the time busy streets are obstructed for traffic investigations by two-thirds.  

The Netherlands has been using them to deliver defibrillators to save the lives of heart attack victims.  Drones are excellent tools for use in critical missing persons cases, search and rescue. The benefits of our civilian drones make for a better and bright future.  

The FAA Can’t Perpetuate Drone Hysteria Without Evidence of a Single Notable Accident!

Town of Paradise Valley, AZ—Some of this small but wealthy community’s politicians bought into the baseless idea that multi-rotor camera drones were a threat to safety and privacy. 

Ignorance and the novelty of the drones themselves motivated politicians here to make an effort to ban drones. They thought that their residents would somehow appreciate their efforts.

Things backfired when local relators complained that the use of drones showcased the homes and community like never before.  Banning or over-regulating them could damage property values and of course property tax collections.

The Town Council considered the ban but cooler heads in that body tabled the idea at least until they had more valid guidance and information.  How they revisit this issue remains to be seen.

As for the somewhat popular Drone Invasion, there were no less than 700 reports of near misses with conventional aircraft investigated by the FAA.

Not a single collision, photo, or video has surfaced in those reports.  Were these bogus reports by people seeking attention?  Were they reports by some pilots seeking to protect their jobs by slowing down the proliferation of drones that will take their jobs?

I can’t guess what was real or fraudulent in the much-publicized world of drones and their detractors.  What we do know is their are zero fatalities, serious injuries or significant property damage.  Certainly there’s not a singe collision with other aircraft.

There are well over two million of these marvelous machines in the hands of teens and adults that are gathering spectacular images for creative endeavors, journalism and marketing.

The privacy invasion and safety fears have not been realized in any way, shape or form beyond unsubstantiated reports that have been given far too much ink.

I fully expect as the bogus reports begin to die down the FAA will take credit for their educational efforts for the decline in those rogue sightings.

The fact is there must come a point in time when the hysteria must die without some tangible evidence. 

It’s interesting to note that all FAA regulations for conventional aircraft were actually written in blood!  Yes, actual deaths and serious crashes were behind each and every rule.

When it came to the drones the FAA radically changed direction to enacting prior restraint guidelines and criminalized private enterprise.  This was un-American and violates the civil rights of those wishing to operate their drones.

Despite the threats of enforcement and state and local efforts to police our drones, what’s lacking is a legitimate demonstration of any misbehavior by drone operators.

The few attempts at prosecution have fallen flat from a lack of evidence.  The videos and telemetry data contained on the drones themselves have vindicated the operators.

It’s time to move forward with this exciting new technology.

Flying Drones Over Private Property and Asking Permission

Los Angeles, CA—Many people consider the airspace  above the property that they own or lease is theirs.   Some have actually used firearms to shoot at drones somehow thinking that was somehow justified.

Federal and state laws universally ban shooting at aircraft.  There are heavy penalties for shooting at drones or any aircraft, even UFOs.  

Many drone operators operate on ignorance and have bought into the idea that there is or may be private ownership rights to airspace above private property.

The law is simple, our airspace is shared public property.  Exclusively, the FAA regulates aircraft including drones operating in our airspace. 

State and local governments cannot make or enforce laws regulating aircraft in our airspace.  Many local jurisdictions have tried out of the simple ignorance of their lawmakers.  Those laws they have already placed on the books are unenforceable due to the FAA preemption.

Have the helicopter and fixed wing pilots ever asked permission to fly over land occupied by people?  We all know the answer to that.

Are those little camera drones somehow different?  Other than they fly at lower altitudes there is no difference.  Okay, the helicopters and fixed wing aircraft carry much heaver and more sophisticated cameras than the little drones. 

It would be both wrong and even criminal to use a drone to harass or stalk anyone.  Use of a drone does not insulate anyone from those criminal and civil penalties.  

However. flying over property to shoot video or obtain still photographs is constitutionally protected and genuinely established First Amendment activity.

When should you obtain permission?  Flying at or near airports requires permission for obvious reasons.  The same applies to any FAA “No Fly Zone”.

How about your neighborhood?  If you’re standing on property posted with No Trespassing signs or you’ve been asked to leave there could be an arrest and criminal conviction in your future.  Here you need permission. 

It will be a lot easier to get if you offered the property owner a copy of or a YouTube link to your work.  Most people would really want to see how their property looks like from your drone.  

If your launching your drone from public streets and sidewalks asking permission invites a meaningless refusal and coveys your rights away unnecessarily.  That also sets a bad example and precedent. 

Be kind and friendly to those that express concerns about your flying your drone. 

I’ve learned that it’s best to fly over residential property during the week when people are at work and commercial property on the weekends when they are closed.

Privacy laws are simple.  We all have a right to a reasonable expectation of privacy provided we are inside our homes and businesses.  Should we decide to skinny-dip in our own outdoor swimming pools there is no longer such an expectation.  Using someone’s image for commercial purposes is another matter.  

People have become accustomed to satellite, news choppers, fixed wing aircraft taking images.  Today they think nothing of surveillance video cameras everywhere in populated areas. 

The drones are a new phenomenon and a state of Drone Hysteria have taken over some people.  They need to calm down and enjoy the stunning images. 

There are drone operators that have appointed themselves as Drone Police and have tried to impose their own ideals on other rather then allowing the law of the land to sort it out.  Unfortunately most of those vigilantes never bothered to learn about existing law and our Bill of Rights.

There is A Malicious Propaganda War Being Waged Against Multi-Rotor Camera Drones!

Los Angeles, CA—Officials here recently claimed that drone operators endangered lives by halting firefighting efforts.  Angry local politicians vowed prosecution and new legislation to remedy this “huge and life threatening ” problem.

Photographic evidence supporting those reports is non-existent.  You’d think the crew members presumably are all armed with smart phones would have captured images to help identify the drones to assist investigators.  There are no pictures because this never happened!  Needless to say there are no captured drones either.

As for those helicopter pilots making these reports they seem to forget that their massive propeller’s, prop wash would simply blow any little cameras drones away from their aircraft into oblivion.  A near miss happened? Really? 

The high cost of these camera drones makes their owners very protective of their investments.  If they are reckless and crash them, all the the fun is over. Accordingly drone operators police themselves better than any government agency.

New York police helicopter pilots reported a near miss and the follow-up investigation resulted in the false arrests of two youths with a DJI phantom drone on felony charges.

The charges were dropped when the malicious lies of the pilot cops were horribly impeached.  Among things they claimed was the drone was traveling at ridicules, impossible and dangerous speeds when that Phantom could go no faster that 35 MPH.

Cameras on the drones are the ultimate “black Boxes” that document the drones behavior and flight in real time.   The cameras have exposed lies of people claiming their privacy was invaded or lives endangered.  One sad example was the wrongful arrest of David Beesmer who was charged with using a drone to peep into dressing rooms at the Mid Hudson Medical Group building.

Months later after careful examination of the drone’s video debunked the claims of witnesses and ended expensive felony court prosecution.  Bessmer was cleared but only after he spent thousands of dollars for a defense lawyer. 

The drone operators I know can't wait to put their flight's video up on YouTube like I do.  It’s about art, fun, newsgathering, real estate marketing or other positive activities. Activities that are clearly Constitutionally Protected!

I use drones for investigation.  Wow! That sounds so ominous!  The reality is that I found that my drone can get great overhead shots of accident and crime scenes to help defense lawyers, prosecutors, judges and juries better see and understand the layout much better than diagrams and land based images. 

Drones can't see through window glare, curtains or walls. Surveillance is best conducted with much bigger cameras from conventional places on the ground.  Drones that can transport sophisticated telephoto cameras are simply too cost prohibitive. 

You can't get that close up, face shot from more than a few feet away.   

I used my drone in a missing person case to examine some rough terrain I was incapable of searching on foot.  I actually found some property that belonged to the missing subject with my drone!

Pilot after pilot has reported near misses with drones.  These sightings all share the same similarities.  Most glaring is there are no actual collisions, videos or still shots of these rogue drones!

The media needs these drones to slow down the rain of pink slips in every newsroom in America.  The single most expensive cost in any TV newsroom is for helicopter newsgathering efforts.

Are these pilots simply seeking attention?  Or could there be something more sinister involved? 

One thing for sure drones may not threaten pilots by they are sure to take their jobs away.  Why risk life with manned firefighting planes when drones can do these jobs without risking lives?

News and police helicopter pilots know safer drones that only cost a tiny fraction of conventional helicopters that will be replacing them!  These guys are understandably not exactly cheering on this exciting new technology.

Sadly there are those people that simply see a drone in the sky and can’t resist calling 911.  They don’t report airplanes or helicopters, just drones?  Ignorance, fear and loathing are in high gear spurred on by phony drone misconduct reports getting airtime on TV.

Below is a video that resulted in phony claims to police by a woman that a drone was actually peeping into her single story home’s windows!  Months later the woman apparently claimed she was nearly hit by the drone!  The video speaks for itself and is unedited.  The video is complete from take off until landing but for the addition of music on an audio track.

The police investigation and report actually cleared the pilot but local prosecutors charged him as a criminal anyway! 

Feeling Like You’re being watched Lately? Yes, You Are!

Town of Paradise Valley, AZ—If you don’t like cameras pointed at you, you'd better learn to smile.  They are here to stay watching, documenting and exposing all of your public behavior to the world.

With the new consumer camera drone technology the camera shy folks are in paranoia overdrive.  These people seem to have forgotten that cameras are watching them 24/7 everywhere.

From the time you leave your front door until you return cameras are constantly watching you.  Some you can see and there are many others you can’t.

For example if you enter the Town of Paradise Valley, Arizona in a vehicle a camera concealed in a cactus grabs the license plate number. It’s placed in a searchable database that allows the town government to know each vehicle’s exact movements. 

There are live cameras capturing and saving video everywhere.  Some store video for a short time others keep video indefinitely only limited by the size of their hard drives.

From the time you enter retail stores and their parking lots until leave there is a full video record all of your visit.  

Your neighbor’s home security cameras are easily pointed at your driveway documenting your activities.  Those cameras can be both overtly visible or covert and unseen. 

The reality is that if you’re in a place outside your own home that can be seen and photographed from any angle. Your backyard swimming pool is no sacred refuge.  

Satellites, fixed wing airplanes and occasionally helicopters, are constantly photographing the outside of your home from the sky. 

When I investigate crimes I make every effort to look for and ask about surveillance cameras.  You can nearly always find cameras that have captured at least a portion of most serious crimes.  Of course I must get to the camera’s owner before the hard drive begins to record over the earlier video.

Today you can’t watch a local news broadcast on TV without seeing samples of this video.  Remember you only see the crappy video where the characters are not readily identified. 

There is hardly a murder case anymore where clear video does not become evidence that prosecutors can use either to coerce a plea deal or enter at a trial. 

If you've picked your nose in public I promise you that some camera has captured that image.

Right now there are millions of illicit cameras in hotels, motels apartment building’s bath and shower rooms.  Today the infamous character Norman Bates from the film “Psycho” would be watching his undressed guests in high definition on large monitors or on his smartphone screen. 

Speaking of smartphones, we all now have high definition video cameras in our pockets!  At the first sign of something unusual happening the cameras are out of the pockets!  There is no escape from the unblinking camera lenses! 

Sorry folks the Genie is long out of the bottle and like it or not, you’re on candid camera.

As for the little consumer drones that may occasionally fly over your home are really inconsequential when you look at the big picture.  

UPDATED!!! Is The First Amendment Dead In The Town of Paradise Valley Arizona?

UPDATE!!! I'm pleased to report that the town council tabled the drone ban ordinance acknowledging it needed to be studied.  They put off consideration until October at the earliest.  

A half-dozen or so people spoke against the ordinance and nobody supported it.  

I'm glad the council had second thoughts since this was created out of fear and misunderstanding. Frankly I'm proud of their taking the high road.  

As for those of you operating drones in Paradise Valley or for that matter anywhere, please fly safe and be considerate  of others.  

Town of Paradise Valley, AZ—In arguably the most expensive real estate in the State of Arizona they are proposing the most draconian camera drone ban ever!

The town’s council will be voting on this draft ordinance during their May 28, 2015 meeting. 

They want to outlaw any use of a drone without a single use permit and fee.  It further outlaws the publishing of all aerial images in somewhat ambiguous and vague language. 

Make no mistake; this would criminalize drone use if it were passed.  “Paradise” here is apparently an oxymoron! 

The biggest rub here is that the FAA has exclusive jurisdiction of the skies.  Further those including any government agency or private business like Google would be in violation by capturing or publishing aerial images of the town’s land and structures.

I guess some of the town’s father’s think they can require citizens to purchase permits before they should be able to enjoy the our long established rights in Paradise Valley. 

Perhaps this hastily and poorly thought out draft law needs a little more thought and its author needs some remedial education with respect to our Bill of Rights.

Maybe those interested need to contact these officials:

The Town of Paradise Valley, AZ and it’s Council:

Mayor Michael Collins

Vice Mayor Paul Dembow

Council Members::

Jerry Bien-Willner

Mary Hamway

David Sherf

Mark Stanton

Maria Syms

Town Manager: Kevin Burke

Town Attorney:Andrew Miller

Their e-mail addresses are below:

mcollins@paradisevalleyaz.gov, pdembow@paradisevalleyaz.gov, jbienwillner@paradisevalleyaz.gov, mhamway@paradisevalleyaz.gov, dsherf@paradisevalleyaz.gov, mstanton@paradisevalleyaz.gov, msyms@paradisevalleyaz.gov, kburke@paradisevalleyaz.gov, amiller@paradisevalleyaz.gov,

Below is the town’s draft ordinance along with my video directed to these officials: