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Drone Privacy Law Sees Setback After California Governor Refuses To Sign

CREDIT: AP PHOTO/ALEX BRANDON
CREDIT: AP PHOTO/ALEX BRANDON

Drone enthusiasts rejoice! The growing community dodged a legal obstacle this week when California Governor Jerry Brown refused to sign legislation that banned drone flight within 350 feet above private property — regardless of whether a person’s privacy was violated.

“Drone technology certainly raises novel issues that merit careful examination. This bill, however, while well-intentioned, could expose the occasional hobbyist and the FAA-approved commercial user alike to burdensome litigation and new causes of action,” Brown wrote.

The bill, which passed through state legislature in August, was drafted to prevent the snooping and camera-equipped drones’ aerial surveillance potential. But photojournalists and a tech industry group argued the blanket ban could subject them to unnecessary arrest and lawsuits. The National Press Photographers Association said it would be difficult to get personal approval of the property owner — which may be different from a property’s occupants — and also pinpoint a drone’s location. The Consumer Electronics Association, a tech trade group, said such limitations would also prohibit rescue efforts.

“Safe, responsible drone use will transform the way we do business — allowing these devices to assist in search and rescue and disaster relief missions, improve crop production and efficiency, and create safer work environments for infrastructure maintenance,” CEA president and CEO Gary Shapiro said in a statement.

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State senate sponsor Hannah-Beth Jackson (D) said in a Facebook post the governor’s decision was disappointing but is “pleased the bill launched an important discussion on our privacy and private property rights and drones.” She also vowed to take the issue up again in 2016.

Drones have become a hot-button issue, raising privacy and public safety concerns since the Federal Aviation Administration lifted its ban on commercial flight last year. Since then, Australian manufacturer Flirtey delivered medical supplies to a Virginia clinic in the first government-approved commercial flight.

Drones are known for their surveying ability, use in disaster or emergency relief, and a policing tool, but have increased in popularity this summer. In August, North Dakota legalized police-operated drones that deploy non-lethal ammo including tasers and tear gas.

Tech companies have also launched drone programs, including Amazon’s experimental goods delivery system for customers. Facebook also tested WiFi-delivery service in the UK and Google started a similar project earlier this year.