Droning on...
During a wonderful evening with friends over the weekend the conversation ventured into a subject that was pretty far removed from our usual topics.
One of us had recently attended a concert and observed a drone flying overhead.
A drone?
Yes. According to the FAA, it turns out that we have 46 drones registered in our area. The number of unregistered drones here is unknown.
Now, drones are an interesting development for folks who spend time thinking about privacy.
By virtue of their design, they ensure the privacy of the operator while invading the privacy of the subject. Complete with a zoom feature, some drones can photograph remote tracts of land, look for lost hikers or photograph children playing in their own backyard.
Which can turn a fun hobby into something a little more, well...creepy.
Because it should be responsible for things flying around our skies, the FAA has created rules for the use of drones. By the way, in government-speak, drones aren’t drones. They are “Unmanned Aircraft Systems” or UAS, if you are into acronyms.
Rules governing the use of drones aren’t as comprehensive as one might hope. Which may explain why every month the FAA is receiving more than 100 reports of potential UAS encounters from pilots, air traffic controllers, law enforcement and the public.
So, is the air space above your property a “no fly” zone? Only part of it.
Turns out, the FAA ceiling for drone flight is 400 feet above ground level. Other than this, the various states and municipalities are left to create their own regulations concerning privacy and operating a UAS locally.
Maine’s criminal code does include a provision that covers privacy and peeping Toms. And drone operators should be aware that, if their UAS has a camera and they are using it as such, they need to follow all of the appropriate laws concerning privacy and photography.
So here are the basic FAA rules for operating a UAS:
- You must be at least 16 years old to operate a drone.
- If you are operating a UAS weighing between 0.55 and 55 pounds, you must be registered ($5) with the FAA. The registrant receives a number which must be put on all of the drones they operate. Registration with the FAA is required even if you are only flying the UAS on your own property.
- The pilot must maintain sight of the drone while operating it.
- Drones may not be flown more than 400 feet above ground level.
- Drones may not be flown within five miles of an airport.
- It is prohibited to fly drones over groups of people, stadiums or sporting events.
- It is prohibited to operate a drone while under the influence and your blood alcohol level must be below 0.04%.
And, for those who need an additional incentive to comply with these regulations:
“Failure to register an unmanned aircraft that is required to be registered may result in regulatory and criminal penalties. The FAA may assess civil penalties up to $27,500. Criminal penalties include fines of up to $250,000 and/or imprisonment for up to three years.” (This, from the FAA website.)
So with drones as with most technological advances, it may take some time for federal, state and local laws to catch up.
In the meantime, watch out for prying eyes in the friendly skies.
Jane Carpenter is a member of the FBI InfraGard organization and author of identity theft reference materials used by law enforcement in the U.S.
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