FAA’s Proposed Rules Leave Little Room for Full Takeoff of Commercial Drones

Source: PetaPixel

Source: PetaPixel

By Max Burke

The Federal Aviation Administration (FAA) on Sunday released proposed rules for small commercial unmanned aircraft systems (UAS)—also known as drones or unmanned aircraft vehicles. The rules would apply to non-recreational UAS under 55 pounds and would, among other things, limit flights to daylight hours and altitudes of less than 500 feet. A drone operator, with the help of visual observers, would need to maintain visual line of sight of the drone. And an operator would also “have to be at least 17 years old, pass an aeronautical knowledge test and obtain an FAA UAS operator certificate.” (See a summary of the proposed requirements here and the full proposal here.)

Currently, the FAA effectively bans commercial use of drones. Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), the FAA authorizes such use only on a case-by-case basis; a limited number of companies have been given authorization since September 2014. The proposed rules—which were made pursuant to the FMRA—are supposed to be the next phase in expanding commercial drone use. The FAA lists a number of UAS activities that would be allowed under the proposed framework, including crop monitoring, research and development, power-line inspections, aerial photography, and aiding certain rescue operations. Anyone can submit comments on the proposed rules to the FAA for up to 60 days after the rules are published in the Federal Register. Unfortunately, promulgation of permanent rules is not expected until 2017, nearly two years after the deadline mandated by Congress in the FMRA. Continue reading

Death by Drones: Is a U.S. Citizen Entitled to Due Process?

ImageBy Nicholas Ulrich

Last Friday, Judge Rosemary Collyer of the District Court for the District of Columbia dismissed the case brought by Nasser Al-Aulaqi over the drone killings of his son, Anwar Al-Aulaqi, and grandson Abdulrahman Al-Aulaqi. Unmanned U.S. drone strikes in Yemen killed Anwar and Abdulrahman, both of whom were United States citizens. The Obama Administration specifically targeted Anwar after deeming him a terrorist and placing him on a “kill list.” Though suspected of facilitating the attempted Christmas Day bombing of Northwest Airlines Flight 253 in 2009, Anwar was never charged, tried, or convicted of any crimes. Despite this, a U.S. drone killed him on September 30, 2011 while he was driving a car in Yemen.

Two weeks later, an unmanned drone strike killed Anwar’s teenage son, Abdulrahman, while he was sitting in an open-air café in southern Yemen. Abdulrahman and the six others killed with him were not specifically targeted nor officially deemed terrorists by the Obama Administration. Rather, they were mere bystanders in a strike intended for Ibraham Al-Banna, an Egyptian national. Incidentally, Al-Banna was not killed in the strike.

Continue reading