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The City of Phoenix is Making War on Camera Drone Pilots!

Tuesday, August 19, 2014 16:11

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Will they be able to jail drone pilot Paul Huebl now?

Phoenix, AZ—Two members of the City Council here are proposing an anti-drone ordinance that will make a criminal out of anyone using a drone within the city.

The proposed law requires that “written permission” be obtained in advance from anyone that might be photographed by a drone. That would for example include some gardener mowing grass who might be photographed whether he is readily identifiable or not. They are not talking about just close up pictures but any picture.

There is plenty of existing law that protects people’s privacy where people have a reasonable expectation of privacy. That is inside a home or structure of some type. That’s why millions of ordinary surveillance cameras are everywhere in America today.

Singer and entertainer Barbara Streisand sued a photographer that dared to publish a photograph of her Malibu, CA beachfront home for $10 million. Needless to say despite the best lawyers her case failed and the photographer actually collected from her instead.

Meaningless exemptions are made in the proposed law for artists and news people but that opens a Pandora’s Box to define what that might mean.

Many would say I should not qualify for media exemption as a blogger! Who or what is an artist? What if some cop decides your “art work” sucks and can get a jury to agree that you’re no artist? Sheriff Joe’s Tent Cityawaits your confinement!

In fairness to the two councilmen behind this mess they somehow were under the mistaken impression that existing privacy laws did not cover aerial photography.

They also need to recognize that any other criminal mischief involving a drone is already covered. An aide gave me an example where she suggested that a drone could be used as a look out or to case property to be burglarized. She was dead wrong.

In every state a drone put to such use would be considered a burglary tool bring forth an additional felony charge in addition to the original burglary complaint.

There are also stalking laws that prevent criminals from using any means to victimize people. The use of a drone by a stalker would surly bring maximum punishment in any court.

Obviously those doing the same thing with Google Earth, helicopters or fixed wing aircraft can take all the pictures of people they want in Phoenix. After all these days we love double standard justice in America!

The draft ordinance is subject to debate and public comment. I suspect that anything that actually passes may be a lot different than the current proposal.

Perhaps an E-Mail or phone call to the Mayor or members of the Phoenix City Council might get their needed attention https://www.phoenix.gov/mayorcouncil

Below is the proposed ordinance:

DRAFT Unmanned Aircraft Regulations

Definitions

1. Unmanned Aircraft System (“UAS”) means an unmanned aircraft vehicle, drone, remotely piloted vehicles, or remotely piloted aircraft that does not carry a human operator.

Offenses:

1. A person commits an offense if the person uses an unmanned aircraft to photograph, film, audiotape, or otherwise record an individual or individuals acting on private property without the expressed, written consent of the property owner and the individuals included in the recording.

a. An offense under this section is a Class 1 misdemeanor

b. It is a defense to prosecution under this section that the person destroyed all photographs, films, audiotapes, and other records:

i. As soon as the person had knowledge that the image was captured in violation of this section;

ii. Without disclosing, displaying, or distributing the image to a third party;

iii. The recordings did not include

1. Children; or

2. Sexual acts or nudity.

2. A person commits an offense if the person makes a recording in violation of Section 1 and discloses, displays, distributes, sells, or otherwise uses that image

a. An offense under this section is a Class 1 misdemeanor

b. Each image a person discloses, displays, distributes, or sells under this section is a separate offense

3. A person commits an offense if he outfits an unmanned aircraft system with a weapon and flies that unmanned aircraft over the private property of another individual or entity without expressed, written permission

a. An offense under this section is a Class 1 misdemeanor

Nonapplicability

1. It is lawful to use an unmanned aircraft within the City of Phoenix to photograph, film, audiotape, or otherwise record an individual or individuals acting on private property

a. if the recording is captured for the purpose of mapping;

b. if the recording is captured by the City or Phoenix or an individual or entity under contract with the City of Phoenix for the purposes of resource management;

c. if the recording is made for the operation and maintenance of utilities or telecommunication facilities for the purpose of maintaining the reliability and integrity of the utility or telecommunication system or to determine if repairs to the system are necessary;

d. if law enforcement is using the unmanned aircraft system to execute a valid search warrant;

e. if law enforcement is acting under circumstances in which an exception to the warrant requirement is applicable;

f. if law enforcement is using the unmanned aircraft system to document a crime scene where a felony offense has been committed; or

g. if law enforcement is conducting a search for a missing or abducted person.

h. if the recording is made over several private residences for an artistic or journalistic purpose and no individuals captured on the recording are personally identifiable

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