Drone Legal Issues

As with any new technology, there are several legal issues that are slowly developing in this early stage of the drone world. Some have already been answered, some not. Here are some of the current issues that have been raised. Many more will follow.

  • Commercial Use Issues. At this time the FAA claims that the commercial use of drones is illegal. In reality, no laws or regulations exist to back the FAA’s claim. Drones are entirely unregulated, especially the remote-control model aircraft drones that have inherited the name “drone.”
  • Air Rights Issues. Who owns the sky above private property? Although the Supreme Court answered this question long ago in United States v. Causby, 328 U.S. 256 (1946), that was well before drones existed. I expect the proliferation of drones in the upcoming years will alter in some manner the holding in Causby.
  • First Amendment Issues. Photography is not a crime. Taking a photograph from a public place of someone or something that is visible from that public place is perfectly legal and protected by the First Amendment’s free speech and free-press guarantees.