Drones: All Abuzz with Privacy & Security Issues
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1 SESSION ID: LAW-R01 Drones: All Abuzz with Privacy & Security Issues Dr. Christopher T. Pierson, J.D. EVP, General Counsel & Chief Security Officer Viewpost James T. Shreve, J.D. Attorney BuckleySandler LLP The opinions contained herein do not reflect the opinions and beliefs of the author s employers or associated agencies. All content contained herein is for informational purposes only and may not reflect the most current legal developments. The content is not offered as legal or any other advice on any particular matter.
2 Introduction 2
3 I. The Technology
4 Flight Systems Drones Unmanned Aerial Vehicles (UAV) Remotely Piloted Vehicle (RPV) Unmanned Aerial System (UAS) 4
5 Technology Packages Visual Day Cameras Infrared/Thermal Geo/Mapping Sound/Acoustic Weaponized Network/Receivers Radar 5
6 II. Laws & Issue Spotting
7 Federal Law Private, recreational use is fine (with caveats) Don t fly higher than 400 feet off the ground Never lose line of sight with the vehicle Make sure the drone weighs less than 55 pounds Stay away from airports and other manned vehicles Commercial use is fine if approved by the FAA Mapping, weddings, photography, real estate, movies Certificate of Authorization or Waiver ( COA ) to operate in national airspace Federal rulemaking (FAA Modernization and Reform Act of 2012) is due September 2015 draft rules out now 7
8 Regulation and State Laws Regulators: Federal Aviation Administration (FAA) Federal Communications Commission (FCC) Laws Ordinances Defensive rights 8
9 Property or Trespass Laws Expectation of privacy Home & Curtilage United States v. Causby Kyllo v. United States Trespass Navigable Airspace defined as ground to 500ft. Trespass to Chattels Enjoyment of your space (airspace) 9
10 III. Identify Benefits/Pitfalls
11 Commercial Use Mapping/Geography/ Real Estate Medical/Rescues Security Enhancement Traffic Movies Liability Air Space Considerations 400 foot limits 11
12 Commercial Use - Delivery 12
13 Commercial Use - Inspection 13
14 Governmental Use The U.S. military owns about 10,000 drones, from one-pound Wasps and four-pound Ravens to one-ton Predators and 15-ton Global Hawks. Surveillance Police/Rescue Criminal Environmental (Water, Gas, Poaching, Wildlife) Border Protection Payload Delivery 14
15 Governmental Use - Surveillance 15
16 Governmental Use - Surveillance 16
17 Governmental Use - Surveillance 17
18 Private Use Fun Home Mapping Crops Protection? (if armed) Child Watching Memorializing Adventure/ X Games 19
19 Private Use Real Estate 20
20 Issues of Defense Against Drones Hacking Them Interfere with Transmissions Commandeer Them Path of Destruction 21
21 Issues of Defense Against Drones Hacking 22
22 Issues of Defense Against Drones Shoot Down 23
23 IV. Implications
24 Public Policy & Risk Mitigation Public Policy: Allowing the technology to develop International competitiveness Risk Mitigations: Understanding the visceral reactions Addressing concerns Maintaining viability 25
25 Privacy Home Top Down Windows Personal space Security Issues Encryption Issues Data Retention Length of retention Onward use 26
26 Security Home security Homeland security Townships Roads Safety Controls 27
27 Apply Your Knowledge Next week you should: Determine if your company will be using drones either for business or personal reasons Determine if your company is able to better secure or increase privacy protections for persons from drones In the first three months following this presentation you should: Develop a program to oversee drone use by your company Apply for all needed licenses Review insurance coverage Establish safety protocols and privacy protocols Within six months you should: Review the new FAA commercial guidance Have reviewed the policy for your company 28
28 Thanks! Christopher T. Pierson, Ph.D., J.D. Viewpost EVP, General Counsel & Chief Security Officer James T. Shreve, J.D. BuckleySandler LLP Attorney
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