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Honored Advisor

Re: UAS over your farm

Miniaturization of technological devices is both a boon and a bugaboo.  Makes me want to carry a flyswatter....

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Advisor

Re: Congress pushes UAS

That's okay to mention the issue, Kay.  I may respectfully disagree but I do so with great respect for your opinion. 

 

The article with the link below suggests the privacy issue is predicated on several specific portions of the Bill of Rights, which is considered a valid part of our governance ordinances.  Scroll down to the paragraph where they discuss the fourteenth amendment.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html    

 

 

Also, there's several court cases that suggests the right of privacy is part of the rights afforded by the Constitution and the Bill of Rights. 

 

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

 

In the link it says,

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

 

The big question regarding the UAS issue depends on whether it is allowable to "search" evidence before seizing it, not to mention whether or not it is allowable or legal to violate one's air space.  I've done some research on this issue of surveillance and it would be easy to send a spy "fly" into a room (no pun intended) without anyone's knowledge or consent, observe behavior or activities within the rooms and even see evidence, whether the related activity is legal or not.  It's just a matter of economics and who wants to acquire that information and how much they will pay to get it.  For the police and law enforcement, it's only a matter of how far they want to go to test the legality of the covert behavior.  Frankly, this should scare the willies out of everyone.

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Honored Advisor

Re: Congress pushes UAS

We can, of course, disagree without being disagreeable.  I have just dealt with the vagaries of expressed rights and powers enough to know that even the ones spelled out, rather than 'suggested" afford a lot of fodder for attorneys to fight over. 

 

In general, it seems the less clearly the setting down of terms is done, the more costly the refinement of definition.  We are, in fact, probably both a bit right. 

 

My husband worked with a techno-voyeur many years ago.  The guy could scare you with what he could peek in on then...I shudder to think what he does to people now. 

 

That is a specific personality type...nosiness is a character flaw I despise. 

 

My deceased elderly lady neighbor once invited me into her living  room.  Right on the sofa under the picture window was a pair of huge binoculars. 

 

That window faced right at our house, about a half-mile away.  We decided to give her something to see....

 

 

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Advisor

Re: Congress pushes UAS

That's funny!  I have a neighbor that has told me at least a dozen times he knows everything about me, when I leave, come home, etc..  If we did something to scare him like that, we'd probably get reported, even if we were in our own home and he could see it from his house.  This guy is super nosey.  We keep our windows in his direction closed all the time.

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Contributor

Re: Congress pushes UAS

Jim, what kind of rules and regulations have been in place until now for radio controlled planes? They have been around for decades now, even with webcams etc.....also, what about farmers already using these for crop sensing? Is the fact that the UAV's are able to go much higher the big problem?

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Senior Advisor

Re: UAS over your farm

 
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Senior Advisor

RC Airplane AC 91-57

Radio Controlled model airplanes are generally operated in accordance with FAA Advisory Circular 91-57 (advisory circulars are usually not regulatory but this one seems to cited as if it is).  It's a one page piece of paper that essentially says stay under 400 feet and if within 3 miles of an airport notify them.  

It's almost certain that the FAA will separate RC rules from UAS rules because RC are not commercial and UAS are almost certainly so. 

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Honored Advisor

Re: UAS over your farm

Probably another area where science and society are ahead of the laws written to govern the activity.  What constitutes a trespass, and what rights would the owner of such a drone have to its recovery? 

 

We have a big-enough problem with deer hunters and radio-collared hounds...GPS-equipped drones will be a legal doozy. 

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Honored Advisor

Re: UAS over your farm

WCmo,

Had to smile at your comment.--------------Reminds me of a texas law ------------depends on where the pieces land!!

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Highlighted
Honored Advisor

Re: UAS over your farm

We are having fun with this-----------but, this might be one of those where a court decision determines what laws are needed.

Wish we were all more comfortable with the wisdom of our court system!!

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