Publications

Introduction

Unmanned aerial vehicles (“UAVs”), also referred to as unmanned aircraft systems (“UASs”) or drones, have been operating in the United States and abroad for over two decades. Previously, however, UAVs were relegated to limited, governmental uses – principally for military and federal law enforcement purposes. For example, as well-documented, the U.S. military has used drones for years to deliver remote strikes overseas, U.S. Customs and Border Protection has used them to police the border, the U.S. Coast Guard used them in search and rescue operations, and the CIA used them to gather covert intelligence.

Today, significant advancements in technology accompanied by substantial decreases in cost have made UAVs cheaper to produce and easier to operate. Now, for example, anyone can buy a UAV for under $300 that is capable of streaming high-definition video and high-resolution photographs to a smartphone or tablet from an altitude of over 600 feet, while flying along at speeds of over 25 miles per hour. This increased accessibility has, in turn, stirred great interest in the potential uses for this impressive and low-cost technology. As recounted in numerous media reports, UAVs can be used to deliver packages, film movies, take aerial photographs and videos over land and sea, survey land and crops, respond to natural disasters and local emergencies, and monitor critical infrastructure such as bridges, power lines, and dams. However, on the legal front, UAV technology is an outcast. It is a poor fit for current Federal Aviation Administration (“FAA”) regulations, and yet the FAA nonetheless uses its regulatory authority to restrict and police the use of unmanned aircraft. The consequence has been legal uncertainty and growing frustration within the emerging domestic UAV industry.

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