It has been three years since Congress enacted the FAA
Modernization and Reform Act of 2012 (FMRA), calling for the
integration of unmanned aircraft systems (UAS), or "drones," into
the national airspace by September 2015. During that time, the
substantive legal privacy framework relating to UAS on the federal
level has remained relatively static: Congress has enacted no law
explicitly regulating the potential privacy impacts of drone
flights, the courts have had no occasion to rule on the
constitutionality of drone surveillance, and the Federal Aviation
Administration (FAA) did not include privacy provisions in its
proposed rule on small UAS. This issue, however, has not left the
national radar. Congress has held hearings and introduced
legislation concerning the potential privacy implications of
domestic drone use; President Obama recently issued a directive to
all federal agencies to assess the privacy impact of their drone
operations; and almost half the states have enacted some form of
drone legislation. This book provides a primer on privacy issues
related to various UAS operations, both public and private,
including an overview of current UAS uses, the privacy interests
implicated by these operations, and various potential approaches to
UAS privacy regulation.
General
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