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Government Technology

California Bill Would Dramatically Limit Commercial Drones 192

An anonymous reader writes: California's Senate Bill 142 would prohibit drones from flying under 350 feet over any property without express permission from the property's owner. The bill passed the California Assembly easily. Tech advocates have been battling privacy advocates to influence the inevitable regulation of private and commercial drones. Industry groups say this restriction will kill drone delivery services before they even begin. The legislation would also drastically diminish the usefulness of camera-centric drones like the ones being rolled out by GoPro. If passed, the bill could influence how other states regulate drones. The article notes that 156 different drone-related bills have been considered in 46 different states this year alone, and the FAA will issue nationwide rules in September.
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California Bill Would Dramatically Limit Commercial Drones

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  • Good. (Score:5, Interesting)

    by Anonymous Coward on Tuesday August 25, 2015 @11:18PM (#50392991)

    Drones have no legitimate reason to fly over private property. Too bad for you city dwellers, guess there's a reason to leave for the countryside after all, huh?

    The next step is to ban aerial photography by drones entirely.

    • Could just simplify it to so observations of any kind of private property with an exception for computer vision and similar that is not stored for any appreciable time and only used for navigation.

      If your going to make laws for giggles throw in no government agency may employ drones for any purpose other than search and rescue that do not comply with civilian regulations and no information gained by drones directly or indirectly may be used in criminal or civil cases.

  • Cry me a river (Score:5, Insightful)

    by I'm New Around Here ( 1154723 ) on Tuesday August 25, 2015 @11:20PM (#50392993)

    " Industry groups say this restriction will kill drone delivery services before they even begin. "

    Sounds like a good use of state authority to me.

    • Re: (Score:2, Interesting)

      that's very Libertarian of you, endorsing even more government regulations. "Cognitive dissonance" in operation?
      • Re: (Score:2, Flamebait)

        How about this; keep your fucking toys away from my property, you twisted pervert.

        • Re:Cry me a river (Score:5, Insightful)

          by Anonymous Coward on Wednesday August 26, 2015 @12:01AM (#50393099)

          How about this; keep your fucking toys away from my property, you twisted pervert.

          And keep them away from mine also. We're not all libertarians here, you know.

          Actually, I cannot conceive of any situation in which I'd want drones to fly over my property, whether loitering or whizzing. I explicitly include package delivery services, as there is no way I'd want drones from amazon or others flying at moderate altitudes over my property. If law enforcement drones whizzed overhead, it would depend on the laws passed. We often sunbathe nude, and have every expectation of privacy while doing so, as the places we sunbathe are not visible from any public land or from any of our neighbor's land [*]. If law enforcement drones loitered without a warrant, they'd get shot down (we have enough acres to do this).

          [*] One or two military boys fly overhead occasionally in their chase games - typically once per month, but unpredictably. I suspect they're at rather more than 350 feet, and going much faster than a drone.

          • by GauteL ( 29207 ) on Wednesday August 26, 2015 @02:09AM (#50393375)

            .. but a legitimate point of argument in the debate. What is the point of this discussion at all if anti-drone posts gets labelled as a "troll"? Perhaps the grand-parent calling drone enthusiasts "twisted perverts" could be seen as a troll, but the parent does not include any abuse apart from what is seen in the direct quote.

            I'm not sure what the difference is between a radio operated car with a camera on (surely a form of trespassing, if on your property?) and a drone flying 20 feet above it with a camera. They both have the same implications; invasion of privacy. The drone also adds risk of destruction to your property.

            Drone enthusiasts can take their drones to public parks, nature or fly over their own property.

            • I'm not sure what the difference is between a radio operated car with a camera on (surely a form of trespassing, if on your property?) and a drone flying 20 feet above it with a camera. They both have the same implications; invasion of privacy. The drone also adds risk of destruction to your property.

              Actually, since we started using LiPos, the car adds significant risk of destruction to your property, too. If they run it into a bush and short the motor for long enough the battery will turn into a fire and the bush will turn into a biblical reenactment, less soundtrack

        • by x0ra ( 1249540 )
          Generally, the side which start to insult without proof the other side is the one running out of argument and relying on pure bullying to get to their point...
      • Re:Cry me a river (Score:5, Insightful)

        by harlows_monkeys ( 106428 ) on Tuesday August 25, 2015 @11:52PM (#50393071) Homepage

        that's very Libertarian of you, endorsing even more government regulations. "Cognitive dissonance" in operation?

        Uhm...using state authority to enforce private property rights is one of the few things most schools of libertarianism agree is a legitimate use of state power.

      • Re:Cry me a river (Score:4, Insightful)

        by Jeremi ( 14640 ) on Tuesday August 25, 2015 @11:54PM (#50393073) Homepage

        that's very Libertarian of you, endorsing even more government regulations. "Cognitive dissonance" in operation?

        Isn't a strong defense of private property rights a Libertarian principle? In this case, the proposed law would be enforcing property owners' right not to have uninvited guests buzzing around in their private airspace [wikipedia.org].

      • Besides the ass-reaming the other responders gave you, when did I ever say I was a Libertarian?

        • from your tagline:

          "Tired of partisan politics? Demand a split ticket - Green Party President with a Libertarian Vice-president." Last part of your sentence...and that's not an ass reaming, their just doing a gentle salad-tossing.
          • And you missed the fact that the President will be a Green Party member. In 2012 the Green Party candidate was Dr. Jill Stein. I voted for her. I've stated this fact many times on this site, if you care to search my post history.

            So, no, I am not a Big-L Libertarian, even though I agree with some of their ideas.

      • by SirSlud ( 67381 )

        This is my favorite part about libertarians. They seem to hate governance and rules, but of course they love them. It's just that their small government enforces entirely different sets of rules than every other libertarian. Governance is a drug that libertarians can't quit.

        • by x0ra ( 1249540 )
          FWIW, this has notihng to do with libertarianism... I strongly oppose the idea of government intervention in this case.
        • by dcw3 ( 649211 )

          You don't actually know any libertarians, now do you.

          • You don't actually know any libertarians, now do you.

            I do. I know more than I want to. Libertarians always favor laws and courts, they just favor ones that only handle the issues they want them to handle, and they imagine that they will always side with them. Libertarians think that they are smarter than everyone else, and want police protection from their slaves, who it is right to oppress because they are less fortunate.

            Did I leave anything out of the libertarian platform? I guess I omitted the hand-waving about how this attitude will somehow make the world

            • What I never found in any Libertarian platform was an explanation of how were were to get this massively increased court system. Based on the "you can always sue" planks, it would be necessary for lawsuits to be almost trivial to file, for somebody else to be tasked with the research, and the decisions enforced by somebody else.

              • What I never found in any Libertarian platform was an explanation of how were were to get this massively increased court system.

                I'm sure there's a book about it, which any libertarian will tell you that we are idiots if we haven't read. I fear the answer is that it will be provided by some private interest, who accepts cash, check, and credit card.

      • by dcw3 ( 649211 )

        Your rights end where they interfere with mine...at my property line.

    • " Industry groups say this restriction will kill drone delivery services before they even begin. "

      Sounds like a good use of state authority to me.

      Imagine logging on to a grocery store website, choosing the items you want and clicking deliver. Drone is loaded up at the warehouse and flies the goods right to your door.

      It's cheaper and more environmentally friendly since you're not driving, you can save time and reduce food waste by replacing single massive shopping trips with a bunch of small immediate need purchases, and you can replace the massive grocery store with its giant parking lot with something more interesting.

      Sure there's a lot of potential

      • OK. And when there are 5000 drones hovering over every neighborhood, because everyone is buying one or two items at a time, several times every day, tell me how that makes for a nicer picture than people driving to a store. When they start falling out of the sky, how convenient will it be?

        • Frequency is important but would you rather 1 car or 1.5 drones?

          But I agree the prospect of falling drones (or stuff falling from drones) could be a deal breaker, reliability is a major risk.

          • by dcw3 ( 649211 )

            It will be much more than 1.5 drones. According to this, http://www.quora.com/How-much-... [quora.com] , a UPS truck will normally carry around 250 packages on a residential route. How many will that drone carry, or how many drones will it take to carry the equivalent?

            • It will be much more than 1.5 drones. According to this, http://www.quora.com/How-much-... [quora.com] , a UPS truck will normally carry around 250 packages on a residential route. How many will that drone carry, or how many drones will it take to carry the equivalent?

              A UPS truck isn't delivering 250 packages at once. 1.5 drones is probably the number of physical drones needed to replace a single UPS truck.
              There is one huge difference though. Those 1.5 drones have to make 250 trips to deliver those 250 packages so to the final neighbourhood getting
              the package, it's approximately the same amount of traffic but to the unfortunate neighbourhood in between the final neighbourhood and the
              distribution center those 1.5 drones cross over your property 500 times.

          • For my monthly Sam's or Costco run where I'm buying bulk, I'm taking my G20 Van and loading it to the gills. For the weekly Grocery trip, I'm taking my Yamaha Venture Royale with two large saddlebags and a trunk. Becoming dependent on daily drone delivery for the day to day necessities will actually increase my costs because it will be similar to when I was doing daily grocery shopping on my way home from work (thus, fuel costs were not a factor since the store was on my direct route home) just for that d

      • Imagine logging on to a grocery store website, choosing the items you want and clicking deliver. Drone is loaded up at the warehouse and flies the goods right to your door.

        That would be far too expensive to do by drone. They should do it with a delivery truck instead and load up all of the orders in an area together.

      • nothing is stopping drones from say, ascending to 350 feet for the majority of their transit, and descending to 20 feet for the final final leg.

        as far as i can tell, public roads are fair game.

        i'd also envision a purchasing interface that lets them know where you'd like your package delivered on your property, and if you're fine with the delivery drone entering your airspace. I'd also envision you dropping a highly visible visual reference for where exactly you want your package set down.

        alternatively, if

    • It actually doesn't kill all drone delivery systems. A potential recipient can always grant permission for certain drones to come down and land.

      Personally, I'm not counting it as delivered unless it's on my front porch, and until the technology improves tremendously I don't want any drone flying low enough over my property to do that. If I lived in California, I'd be happy to see the delivery drones flying at 350' over my property on the way to somewhere else

  • by fustakrakich ( 1673220 ) on Tuesday August 25, 2015 @11:29PM (#50393017) Journal

    How? If I gave permission with the order, they can land on my property. They just have to hover down from 350 feet.

  • What about over the public roads and streets? How would anyone get permission to fly over those? Leave it to California to pass laws that screw everything up...and what California does, the rest of the country does by default.
    • What about over the public roads and streets?

      This is an article about drones not being permitted over private property, and you're worried about drones over public property? You are ass-backwards. Go away. We have enough people who can't read here already.

  • FedEx and UPS manage to deliver packages to me by truck without driving over any property without permission. Why is it supposedly so hard for drones to do so without flying over property without permission? Just follow the same route UPS or FedEx would use.

    In fact, it should be easier for the drones since they will be allowed over property without permission if they are 350 feet up. FedEx and UPS trucks do not have that option.

    • One difference is that when something falls out of a UPS or Fedex truck, it's not falling from 350 feet onto someone.

  • by Anonymous Coward on Wednesday August 26, 2015 @12:04AM (#50393105)

    All airspace within the U.S. is under control of the FAA. Although the FAA allows some unlicensed use of low altitude airspace (for model aircraft, rockets, and the like), anything that's not sitting on the ground is under their regulatory authority. The supremacy clause of the constitution spells out that, in the event of a conflict between federal and state law, federal law takes priority.

    • by gavron ( 1300111 ) on Wednesday August 26, 2015 @12:28AM (#50393147)

      Very true. No idea why you're modded down to 0... you're correct.

      Only the FAA has jurisdiction. The California State government can pass as
      many measure as it takes for them to be blue in the face, but they have no
      force of law and a simple hearing removed to US District Court would
      resolve that in a heartbeat.

      However, politicians posturing and appearing to "do something" is what it
      really is... and that's nothing new.

      Ehud Gavron
      FAA commercial helicopter pilot

      • by Maow ( 620678 )

        Very true. No idea why you're modded down to 0... you're correct.

        Not sure if you read replies, but just FYI - Anonymous Cowards' posts start at a score of 0, and logged in users with reasonable karma start at 1.

        Subscribers / users on your "friends list" may have a bonus point attributed to their posts, hence start at 2, although I'm not entirely sure how this part works.

        Users also have an option in their settings to assign an extra point to posts that have been moderated by category, i.e. Informative or Funny if said user is interested in pushing such posts to higher pro

      • by AmiMoJo ( 196126 )

        The bill seems only require commercial drone operators to obey it. Perhaps they are hoping that they can make not operating a drone under 350ft a condition of doing business in the state, rather than an issue of controlling the airspace.

    • Re: (Score:2, Interesting)

      by GauteL ( 29207 )

      Although the FAA allows some unlicensed use of low altitude airspace (for model aircraft, rockets, and the like), anything that's not sitting on the ground is under their regulatory authority.

      Does that mean a bullet is under FAA authority the moment it leaves the gun? After all, it isn't sitting on the ground.

      • Does that mean a bullet is under FAA authority the moment it leaves the gun? After all, it isn't sitting on the ground.

        Right up till the moment it hits something....

    • But is there an existing federal law that this would conflict with? If not, then according to what you listed, the state law would stand.
    • by rssrss ( 686344 )

      There are many claims of authority by regulatory bodies. Some of them are constitutional.

      The FAA must rely on the grant of power in Art 1 Sec 8 of the constitution to regulate commerce among the several states.

      Airliners bound for other states fly over my house every day. I concede the FAA's authority over those airplanes and their flights.

      OTOH, a little drone flying barely above the treetops has a far slimmer case to be part of interstate commerce.

      Federal jurisdiction over use of the air is not unlimited, a

  • by bl968 ( 190792 ) on Wednesday August 26, 2015 @12:18AM (#50393137) Journal

    The FAA should simply preempt California's unauthorized attempt, as they have the exclusive control of the air space of the United States from ground level to space; and are the only agency to establish the policies for its use.

    • And only the FDA can make marijuana sales legal. Except in the states where they ignore federal law, because the federal agencies are being stupid.

      • by bl968 ( 190792 )

        There is a difference and that is the law states that the FAA is the exclusive authority. The same is not true for medical issues, a lot of federal authority has been delegated to the states.

        When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. U.S. Const. art. VI., Â 2. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions.

        For example, th

      • by cdrudge ( 68377 )

        Except in states where marijuana sales are legal, that only means that state law enforcement couldn't arrest you for drug possession. You still could be charged with a federal crime. Lately they just look the other way as they realize it's not generally worth the effort.

        If you were charged under state law for violating private air space, it could be transferred to federal court as the FAA has jurisdiction, where the charge would be ultimately tossed out due to lack of jurisdiction on the part of the state.

    • by GauteL ( 29207 )

      Is the person controlling the drone on the ground not subject to Californian regulation? Granted, if he's is situated out-of-state, he's not, but as long as he's is on the ground in California, it seems to me that his actions could be regulated by California state law. I'm a furriner though, so I may not understand the intricacies of the US.

  • by Strange Quark Star ( 1157447 ) on Wednesday August 26, 2015 @01:10AM (#50393253)

    Who is this California Bill, and why does he want to limit commercial drones?

    • by dcw3 ( 649211 )

      Who is this California Bill, and why does he want to limit commercial drones?

      A relative of Brooklyn Decker, Cuba Gooding, Orlando Bloom, Paris Hilton and Dakota Fanning?

  • Back in the 90's all the /. articles on autonomous vehicles, notably from Georgia Tech and their competition, looked on the technology as very exciting. Now it's "I'ma blast one out of the sky with my shotgun if it comes within a half mile of my yard." It's a whole new mindset and culture in only a generation. That's some serious manipulation going on and people don't even recognize it.
    • by dcw3 ( 649211 )

      Back in the 90's, you didn't have things with cameras flying over your backyard. You didn't have people monitoring your (e)mail, photographing your license plate, or tracking your cell phone.

      I won't give up my privacy w/o a fight.

      • Back in the 90's, you didn't have things with cameras flying over your backyard

        But you did have nosy neighbors, kids who climb trees, bird photographers with 1000' lenses ... the usual. Are you having a problem, now, with people flying multirotors low enough around your back yard to actually (really) invade your privacy? How often is this happening to you? There are literally millions of them in use.

      • Back in the 90's we had news aircraft (planes and helicopters), police and civilian aircraft (I flew over my high school at about 500' and photographed it with a telephoto lens (including some of the surrounding houses) in a c182. I put a camera on a kite in grade school and got many backyard pictures, youtube is filled with videos of model rockets that have videos showing people's back yards, google street view is a gigantic searchable online database of people's front yards. Someone I knew in college flew
    • My Opinion: I think that the big change in mindset stems from the notion that even with only a fraction of tech that was dreamed about in the 90's becoming a commercial reality in the years "Beyond 2000"(tm) there's been more than enough evidence that once a piece of tech comes to market there's always a significant cost to our way of life that moves us further and further away from Gene Roddenberry's technologically enlightened utopia and more into an Orwellian dystopia.

      Case in point: The Smartphone. In

  • There are some unexpected impacts of this law (I haven't read the full law).

    A non-commercial area of drone use that is currently not possible, and will not be possible under this law (assuming there are no exemptions) is around search and rescue. Drones fitted with cameras help with visual scanning, with heat sensing equipment they can be sued for far more effective search and rescue.

  • "Tech advocates have been battling privacy advocates to influence the inevitable regulation of private and commercial drones."

    Let's get this right. It's not "tech advocates", it's big business.

  • by ScentCone ( 795499 ) on Wednesday August 26, 2015 @06:53AM (#50394077)
    Whatever idiot came up with this proposal is completely uninformed.

    First, they're not saying you can't fly over someone's property without permission. They're just saying you have to do it above 350 feet. Of course the FAA says you have to keep it under 400 feet, so this absurd law forces the drone operator to work closer to the general aviation deck, and to have to fuss about keeping their equipment in an unnecessarily narrow 50' band. Operating over hilly terrain? Double plus difficult for no reason.

    Secondly, all this does is make what would annoy a neighbor even worse. In the vast majority of these cases, we're talking about a real estate agent (or her photographer) usually popping some small, comparatively very safe, quiet machine like a DJI Phantom 3 up into the air for a quick few minutes while it does a quick lap around a house for some exteriors that show the lay of the land, to add to a listing. In a more packed-in suburban setting, yes - for a useful perspective, the picture of the house they're listing is going to be taken from a short distance over the property line, so it's not a straight look-down a la Google.

    But no. This brilliant piece of legislation means that now the photographer is going to have to use a heavier-lifting machine (larger hex or octo) that can carry a much heavier gimbal tweaked to carry a larger camera with a better sensor and a longer focal length lens. This rig will be heavier, and so the machine carrying it will be much more powerful (and, in the event of an accident, more dangerous), much louder, and much more annoying to use and to see in use. But someone selling a two million dollar house isn't going to blink at using (or hiring someone to use) such a device in order to continue to benefit from the now fully expected aerials of an expensive piece of real estate. So instead of having a humming little 4-pound plastic toy like a Phantom buzz around the house shooting perfectly good material, we'll have a 20-pound carbon fiber beastie with large CF props growling around at 350' ... and we'll have a new market for stabilized longer-focal-length camera platforms which will thrill the one-in-a-million actual creeps and paparazzi that everyone thinks this law is going to shut down.

    California: for a place with so many smart people, it sure is dumb.
    • Or you know, they could get permission from the neighbor! That would seem to be a much more reasonable solution. I'm not sure whether this proposed policy is good or bad. But requiring permission to do something isn't the same as prohibiting it. Usually permission for stuff like this is trivial to get.
      • Or you know, they could get permission from the neighbor! ... Usually permission for stuff like this is trivial to get.

        Speaking from years of experience, I can assure you that it is NOT easy to get. When a realtor makes arrangements for a photographer or a video crew to come and document a property, coordinating with two, three, or four neighbors on logistics, timing, and permission is usually impossible. We try to educate neighbors of clients along these lines: "We'll have a small 4-pound plastic quadcopter, about the size of a large pizza, moving just over your property line, right above tree top level, looking back at t

        • Speaking from years of experience, I can assure you that it is NOT easy to get.
          Most people are intrigued by the technology, some become very enthusiastic
          But perhaps one in twenty people shut down their brains the moment they hear "camera"

          Using the inverse math, you've effectively stated that 95% of people give permission. The other 5% value their privacy, and have concerns about new technology. That sounds like a pretty reasonably success ratio to me.
          Why do you say it is so hard to get permission
    • If a real estate agent is taking pictures of a house, then that is for commercial purposes and is subject to a whole other set of rules.
      The California law doesn't prevent the rel estate agent from going up to the neighbor's house and knocking on the door and explaining that they want to take pictures of their listing and they may accidentally stray over the neighbor's property and get permission to do so.
  • "The legislation would also drastically diminish the usefulness of camera-centric drones like the ones being rolled out by GoPro."

    You make it sound like this is some unexpected side effect of the bill, rather than one of the primary reasons for passing the bill.

    "would prohibit drones from flying under 350 feet over any property without express permission from the property's owner." [...] "Industry groups say this restriction will kill drone delivery services before they even begin."

    If i order a delive

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