Saturday, July 6, 2024

What Happens When Drones Invade People's Private Spaces

Summary

Here's a summary of the key points from the provided text:

1. Drone delivery services are expanding, with companies like Walmart, Amazon, Wendy's, and others testing or implementing drone delivery programs in various locations.

2. There have been incidents of people shooting down delivery drones, raising legal and safety concerns.

3. A recent case in Florida involved a man shooting down a Walmart delivery drone, claiming he thought it was spying on him.

4. Shooting down drones is illegal and can result in severe penalties, including felony charges and up to 20 years in prison under federal law.

5. The FAA treats shooting at drones as seriously as shooting at manned aircraft.

6. Drones are generally allowed to fly over private property up to 400 feet in altitude in unrestricted airspace, but they need permission to launch or land on private property.

7. Property owners can report drone activity if they feel it violates their privacy or safety, especially if drones fly too low, at night without authorization, or appear to be recording/photographing without permission.

8. Drone pilots are advised to inform neighbors and obtain necessary permissions when flying near residential areas to avoid conflicts.

9. There are specific FAA regulations regarding drone flight, including restrictions on flying over people, at night, or beyond certain altitudes and speeds.

10. The increasing prevalence of drones is creating new challenges for privacy, safety, and regulation in residential areas.

 

Walmart delivery drones being shot by Americans

Walmart recently partnered with drone delivery startup Wing to offer packages shipped same-day by air. There is a laundry list of hurdles to overcome in order for this to be a reality, from regulatory approval, technological integration, and simply making it cost-effective to operate. One of the hurdles that Walmart and Wing have recently stumbled over is gun owners. Last week a Florida man admitted to shooting down a Walmart delivery drone, which he claimed was surveilling him, with a 9mm pistol as it flew over his home.

Lake County resident Dennis Winn saw the drone, went inside to get his gun from his safe and fired a single shot at the drone, which was “roughly 75 feet in the air.” Winn is apparently a crack shot, because he hit the drone in center mass, and a bullet hole was found in the drone’s payload area once it returned to a nearby Walmart store.  

It’s apparently quite common for Americans to shoot at drones, despite serious legal ramifications. The Federal Aviation Administration punishes any shots fired at drones with the same weight as if you’d opened fire on a Boeing full of passengers. Shooting at any aircraft is charged as a felony with up to 20 years in prison as the recommended penalty.

Walmart says it is working to expand its drone delivery program, hoping to soon have the “largest drone delivery footprint of any U.S. retailer.” With that kind of expansion, plus growing drone delivery programs from Amazon, Doordash, Chick Fil A, FedEx, and others, there are going to be a lot of little delivery bots buzzing around the U.S. in the next few years. At least 44 percent of Americans say they live in a gun-owning household. I don’t see this experiment ending particularly well, honestly.

qz.com

Bradley Brownell / Jalopnik

Wendy’s is starting a new drone delivery program in Christiansburg, Virginia on Thursday, where residents will be able to choose airflight as an option on DoorDash. Autonomous drones from Wing will fly 65 mph while holding Bacanotors, Frosties, and other items before gently dropping them onto the front lawn of a customer.

The roughly 21,000 residents of Christiansburg will be the first town in America to have Wendy’s flown to their doorstep. A DoorDash spokesperson told Gizmodo over email that most of Wendy’s items will qualify for drone delivery, even delicate items like beverages and chili. If an order has too many items, a team of three drones will deliver your order.

Most homes within a 2.5-mile radius of the 2355 N. Franklin Street Wendy’s location will be eligible. The homes must also have a 2-meter clearing on their property, like a driveway or front lawn, to make a perfect delivery landing pad. All deliveries should take between 10 and 30 minutes, according to DoorDash.

The Wendy’s collaboration is DoorDash’s first time offering drone delivery for hot, fresh foods in the United States. There are increased challenges with drones delivering these items, as time and delicacy are especially important. If the pilot goes well, it could revolutionize the gig economy and delivery industry.

Drone delivery is becoming an increasingly popular option for last-mile delivery services. Walgreens, Walmart, and Amazon have also adopted the technology to offer drone delivery to their customers in select cities. Wing promotes its drones as being faster and more sustainable than traditional delivery services.

The rollout of DoorDash’s drone delivery in Christiansburg, Virginia comes after a year-long test in Australia. Wing’s drones were used there to deliver grocery items, pantry staples, snacks, and other items.

Christiansburg, Virginia is a good starting point for the drone program because it’s a relatively quiet town, with not too many large buildings to block drones. Most homes seem to have a decent-sized lawn, so it should be an easy target for the drones. Wendy’s has not commented on whether this feature will be rolling out to other stores anytime soon.

A version of this article originally appeared on Gizmodo.


What happens if you shoot down a delivery drone? | TechCrunch

Brian Heater

As deep-pocketed companies like Amazon, Google and Walmart invest in and experiment with drone delivery, a phenomenon reflective of this modern era has emerged. Drones, carrying snacks and other sundries, are being shot out of the sky. 

Incidents are still rare. However, a recent arrest in Florida, in which a man allegedly shot down a Walmart drone, raises questions of what the legal ramifications are and whether those consequences could escalate if these events become more common. 

In the Florida case, Walmart was conducting delivery demonstrations in Clermont, Florida — roughly 25 miles west of Orlando — when a loud sound was heard during the craft’s descent. According to the Lake County Sheriff’s Office, the suspect, Dennis Winn, allegedly admitted to shooting the drone. He allegedly told authorities this wasn’t his first experience with drones flying over and around his home, leading him to believe that the small, unmanned crafts might be spying on him.

The man was charged with discharging a firearm and “criminal mischief” resulting in damage of more than $1,000. For its part, Walmart claims that the amount totaled around $2,500, primarily involving the drone’s payload system.

It’s likely more drones will be shot down, considering the United States is home to more guns than people. And while last week’s incident isn’t without precedent, it’s not entirely clear how stiff the consequences could become.

That’s due in large part to the fact that there haven’t been any high-profile cases wherein the shooter has received the maximum penalty. That could well change, however, as more multi-billion-dollar corporations stake their airspace. At this early stage, years of R&D costs coupled with very limited scalability means an extremely high per-drone price tag.

In 2022, for instance, Amazon was estimated to be spending $484 for every delivery made by a Prime Air drone. The price has come down since; optimistic projections had the figure dropping to around $63 in 2025. Even that is still nearly 20x the price of the average ground delivery.

Drone deliveries also haven’t scaled as quickly as Amazon had hoped. As of this writing, Prime Air is only available in one location — College Station, Texas — after operations ended in California. Two European locations and an another in the U.S. are set to arrive by the end of this year.

While consumer drones have been proliferating for well over a decade, the question of legal ramifications hasn’t been wholly clear.

The Federal Aviation Administration (FAA) gave us a partial answer following a 2016 drone shooting in Arkansas. At the time, the FAA pointed interested parties to 18 U.S.C. 32. The law, titled “Aircraft Sabotage,” is focused on the wanton destruction of “any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated or employed in interstate, overseas, or foreign air commerce.”

At first glance, the law appears primarily focused on manned aircraft, including a provision that “makes it a Federal offense to commit an act of violence against any person on the aircraft, not simply crew members, if the act is likely to endanger the safety of the aircraft.” In responding to the Arkansas drone shooting, however, the FAA asserts that such protections can be interpreted to also include UAVs (unmanned aerial vehicles). The language does, indeed, appear broad enough to cover drones. That means, in turn, that the penalties are potentially as stiff.

The subject was revived after a 2020 incident in Minnesota. In that case, the suspect was hit with felony charges relating to criminal damage and discharging a weapon within city limits. Those would likely also be the charges in most scenarios involving property, rather than bodily damage, drone or not. Even with these examples, there is not a rigid rule that predicts if or when prosecutors might also introduce a federal charge like 18 U.S.C. 32.

As the legal blog Above the Law notes, in most cases, the federal government has deferred to state law for enforcement. Meanwhile, in most cases where 18 U.S.C. 32 has been applied, if a human crew/passengers are involved, there could be other potential charges like murder. It certainly can be argued that shooting a large piece of hardware out of the sky in a heavily populated area invites its own potential for bodily harm, though it may not be prosecuted in the same manner.

As drone delivery increases in the U.S., however, we may soon have an answer to the role federal legislation like 18 U.S.C. 32 will play in UAV shootings. Adding that into the picture brings penalties, including fines and up to 20 years in prison, potentially compounding those consequences. What is clear, though, is that the consequences can be severe, whether it is invoked.

 

droneblog.com

How Low Can You Fly a Drone Over Private Property? - Droneblog


Drones are increasingly popular, with well over five million sold in the US. It should be pretty common to spot one over your property.

How Low Can You Fly a Drone Over Private Property?

If you like drones and don’t have an issue with them flying around your house, they can pass by without consequence. However, drones sometimes fly at low altitudes near some residential areas.

Is that allowed, and how low can drones go over private property?

According to FAA rules, the lowest a drone can fly is within 400 feet of private property. However, drone pilots must have a property owner’s permission before launching or landing on private property.

What if you don’t permit them? What can you do to prohibit them from flying over your property illegally?

Let’s find out!

Drones can fly over private property if your residence is in unrestricted Class G airspace.

In this zone, any drone can fly up to 400 feet without permission from the FAA.

But they still need your authorization to fly low over your property.

This means that if you feel uncomfortable with the drone being too near your property, you can report it to the authorities.

When can’t you fly a drone over private property?

The only way the authorities will react to a drone flying above your residence is when you alert them about your discomfort.

However, that discomfort must be valid for the authorities to proceed.

For example, in the following scenarios, you have a case if a drone flies over private property.

Drone operation after dark is prohibited for recreational and commercial drones over residential areas unless they have consent or authorization from the authority to fly at night.

The drone must have lights to safely fly.

Over altitude and speed limitations

This one can be tricky to ascertain, as you might not know the drone’s current altitude.

You can use reference points like a 30-story building or a communication tower.

Those structures tend to be equal to or more than 400 feet in height, so it’s perfect to compare.

How fast the drone flies is also complicated for beginners to gauge.

Legally, a drone can’t fly over 100 mph around people and obstacles like houses.

So how do you know the drone’s speed?

The truth is that most drones won’t achieve that speed. Only drones that racing pilots use go that fast, and it’s hard to spot the difference at a distance.

As a rule of thumb, If you see a drone flying at an altitude of about a 14-story building very fast, that’s enough reason to contact the police.

Privacy violations

Most drones now come with follow-me capabilities.

A drone could fly in a pattern while taking pictures or filming your property, any member of your family, or yourself.

The best way to spot a drone spying on you is if it turns the camera toward you or your property while flying.

The automatic follow modes of drones are optical, so the target must always be on camera.

When to contact the authorities about drone violations

How can you be confident that the drone is flying low enough to get photos or videos of you or your property?

Consider these scenarios.

  • Is the drone flying around your home at night without your authorization?
  • Is the drone flying near your roof? How about your house in general?
  • If the drone flies in a circular motion, is your home in the center of that circle?
  • Is the drone camera always pointing toward your property?

If you answer yes to those questions, you should contact the authorities, as someone is likely spying on you with a drone.

» MORE: Can You Fly a Drone in Town?

Contacting the FAA

When a drone flies at night, at high speed, or at a low altitude from your property, it’s an FAA-related matter.

The FAA condemns these acts as stated in FAR 107, as the drone can cause property damage or harm you or your family.

You can reach out to the FAA and report the drone pilot as follows:

  1. Go to this FAA link.
  2. Click the list menu to select the state you live in. You’ll find the menu above the map in the top right corner.
  3. Once you select it, the map will show you the offices where you can raise your report.
  4. Hover the yellow pointer to check the address of the office. If you find the FAA headquarters too far from your place, you can send the report by email.
  5. Below the map and after selecting a state, you’ll find the office in a table format. If you’re unsure about reporting the drone, call the FAA headquarters for advice. You can find the phone number on the facility webpage.
  6. Click the Visit Office Website link on the right portion of the table. It will redirect you to the FAA portal to contact the FAA facility in your state.
  7. You’ll find a page with the Email the Office link highlighted in blue. Click it.
  8. Your preferred email provider will open. Now you can write the email reporting there is a drone that is flying low around your property.

The FAA can track all recreational and commercial drones in US airspace thanks to mandatory Remote ID laws.

The FAA knows exactly which drone flew your property, at which altitude, and who its owner is.

Contacting the police

You should also contact the police, especially if you’re being spied on.

Look up your local non-emergency number and call (unless you feel physically threatened or in danger, then dial 911 or your equivalent).

Clearly explain the situation and state your name, address, and the address the drone pilot lives (if you know it).

The police will come to your home, where you can describe the situation to an officer.

The officer will find the pilot and determine how to handle the matter, whether through a verbal warning or charging them with a crime.

What if the case is recurrent? What to do

Generally speaking, if a drone flies low over your property once, chances are that it’s a mistake.

However, it’s intentional if you spot a drone flying low on your property using a camera repeatedly.

Here is where the police will advise you to contact the FAA, going directly to the headquarters or by email.

How do drone pilots know if they’re infringing on the law?

Now let’s switch gears and discuss residential drone flight safety for pilots.

Always inform your neighbors about flying a drone near their properties.

Explain the reasons for flying the drone low. If you have any authorization for a particular job, show it to them.

Give them a timeframe. Set an approximate start and end time you will fly the drone low on their properties.

These simple actions can help you avoid dealing with the police, as your neighbors will know your reasons and when to expect to see a drone flying around.

However, not all property owners will believe you or feel comfortable.

In these scenarios, looking for another location where property owners let you fly without trouble is better.

Can I take off from my private property with a drone if I have neighbors?

No drone law prevents you for taking off from your property.

However, you cannot launch (or land) a drone on your neighbor’s property.

There’s a difference between flying a drone over someone else’s property and you physically being there, as the latter is trespassing.

Besides, remember that if a drone falls or loses control, it can damage your neighbor’s property or the people within it.

We advise you to always clarify your intentions about your drone taking off, even when it’s from your property.

» MORE: Can You Fly Drones Over Private Property?

What to do if I fly a drone too close to another property?

drone flying over private property

Each property area has tight limits in a neighborhood, so it’s almost impossible not to fly a drone near another property.

Talk to your neighbors and indicate your intentions. Clarify to them that you aren’t filming or taking pictures of them as you fly. You’re just flying for fun.

People will understand when you specify your reasons and guarantee the safety of their property and loved ones.

What if you’re using your drone commercially?

As a commercial pilot, you know no law inhibits you from flying close to another property in uncontrolled airspace.

However, the people who own those properties can impede your flight path.

Most people will understand you are working and let you be. Just consider some homeowners won’t listen to any justification.

Having a legal authorization that allows you to fly close to their properties like a roof inspection or a cleaning procedure helps.

Always carry your certificates and credentials, along with the permissions before attempting to fly close to that property.

Do I have to register my drone to fly it in my backyard?

Registering your drone depends on its weight more than the location you want to fly it.

If your drone weighs more than 0.55 pounds, you must register it, even if you only fly it in your backyard.

Most toy drones weigh less than 0.55 pounds, so they don’t need registration.

There are professional drones under 250 grams that don’t need registration and can film crisp footage.

Check the specs of your drone from the manufacturer and then weigh it to determine if you must register it.

» MORE: Get a Drone License (Ultimate Guide)

What to do if someone calls the police on me for flying a drone in my backyard

Privacy is a delicate factor.

You can fly your drone in your backyard at a reasonable altitude, where it’s safe.

However, people may be alarmed simply by seeing a drone flying near their properties.

For them, the drone invades their privacy, even though the drone never goes near them.

Save the logs of each flight with the videos and pictures.

That way, you have the means to explain that you aren’t spying on your neighbors.

How to deal with accusations from neighbors even if I didn’t fly my drone over their property

Pay special attention to the FAA regulations and commit to them.

Don’t fly at night and don’t fly at more than 100 mph and 400 feet above ground level.

Also, avoid flying over people.

This way, you know you’re using your drone properly if a neighbor accuses you of invading their privacy by flying low over their property.

Remember, you can justify the compliance of these FAA rules with your flight logs.

Your neighbors can moan and try to persuade the police to get you fined, but you own data will be critical to defend your position.

What to do if I crash my drone in someone else’s backyard

You must avoid trespassing on the property at all costs.

Always face the consequences of your actions and act as a civilized drone pilot.

Knock on your neighbor’s door, call, or write them. Apologize for the inconvenience.

Ask them about any damages you might have caused and what you can do to amend them.

Finally, ask them to allow you to retrieve your drone or get it for you.

Can I fly a drone around a busy neighborhood?

The FAA rules state as follows: “A remote pilot in command may not operate a small unmanned aircraft over open-air assemblies of human beings.

Additionally, a remote pilot in command may only operate a small unmanned aircraft over people if:

  • The operation is within or over a closed- or restricted-access site and all people on site are on notice that a small UAS may fly over them; or
  • The small unmanned aircraft does not maintain sustained flight over any person unless that person is participating directly in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.”

You must avoid flying over a busy neighborhood, as it infringes on FAA rules.

If an FAA inspector or the police find out your drone is flying around a busy neighborhood, you will get in trouble.

Someone crashed a drone into my backyard. What should I do?

If the drone didn’t hurt your property, goods, loved ones, or friends, you can wait until the pilot contacts you with an apology and explanation of why the drone crashed in your backyard.

You can also reach the police. If something is out of their jurisdiction, they will contact the local aviation authority.

Either way, you must act as soon as you notice the drone in your backyard. Please be careful with the drone, as they tend to be expensive tools.

Take pictures of it as it crashed, and don’t touch it. Leave it there until its owner shows up.

The best scenario is that the pilot comes for it, apologizes, asks about any damages caused, grabs the drone, and leave.

Some pilots will try to persuade you of having damaged their drone if they see the opportunity.

That’s why you need to take pictures of the drone once it crashes when possible.

Also, ask the pilot about the drone logs, as they store critical data before the crash, such as falling speed.

Is someone spying on me if flying a drone low over my private property?

As a drone pilot that uses drones as tools to work, I can guarantee that not all people spy on you when flying low over your property.

But there are still creepy drone owners, and it’s wise to be alert.

Drones are almost ubiquitous now, and the police know how to deal with them.

Tell them why you think the drone spied on you.

If you have a photograph or video of the drone pointing at your property, show it to the police.

Can someone take photos of my property with a drone?

If you allow them, they can.

The drone pilot must always ask for your consent while taking the photos.

The photographer must take the photos in daylight, and at a reasonable height and distance that doesn’t invade your privacy.

Can I shoot down a drone if flying low above my property?

Although you can defend your property from intruders, drones are assets you can’t shoot without a serious reason.

In fact, it can be dangerous to shoot it down, as the drone can lose control and cause damage.

More importantly, it’s illegal to shoot down a drone or use signal jammers or nets.

The best thing to do in this situation is to call the police.

» MORE: What Happens If You Shoot Down a Drone?


Small Unmanned Aircraft Systems (UAS) Regulations (Part 107)


The Federal Aviation Administration (FAA) rules for small unmanned aircraft systems (UAS), or “drone,” operations cover a broad spectrum of commercial and government uses for drones weighing less than 55 pounds. Highlights of the rule, 14 CFR Part 107, follow.

Operating Requirements

Just as there are rules of the road when driving a car, there are rules of the sky when operating a drone.

  • Always avoid manned aircraft.
  • Never operate in a careless or reckless manner.
  • Keep your drone within sight. If you use First Person View or similar technology, you must have a visual observer always keep your drone within unaided sight (for example, no binoculars).
  • You cannot be a pilot or visual observer for more than one drone operation at a time.
  • Do not fly a drone over people unless they are directly participating in the operation.
  • Do not operate your drone from a moving aircraft.
  • Do not operate your drone from a moving vehicle unless you are flying your drone over a sparsely populated area and it does not involve the transportation of property for compensation or hire.

You can fly during daylight (30 minutes before official sunrise to 30 minutes after official sunset, local time) or in twilight if your drone has anti-collision lighting. Minimum weather visibility is three miles from your control station. The maximum allowable altitude is 400 feet above the ground, higher if your drone remains within 400 feet of a structure. Maximum speed is 100 mph (87 knots).

Your drone can carry an external load if it is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft. You also may transport property for compensation or hire within state boundaries provided the drone (including its attached systems), payload, and cargo, weighs less than 55 pounds total and you obey the other flight rules. (Some exceptions apply to Hawaii and the District of Columbia.)

You can request waiver of most restrictions if you can show your operation will provide a level of safety at least equivalent to the restriction from which you want the waiver. Some of the most requested waivers are for operations beyond visual line of sight, during nighttime, and over people. See FAADroneZone below for more information on requesting waivers.

Registration

Anyone flying under Part 107 has to register each drone they intend to operate. Go to faadronezone.faa.gov. It’s fast, easy, and costs only $5.

When you register your drone, you will receive a registration number that you must put on the drone. You can engrave the number, put it on a permanent label, or use a permanent marker. Remember to carry your registration with you when operating your drone.

Pilot Certification

To operate the controls of a drone under Part 107, you need a remote pilot certificate with a small UAS rating, or be under the direct supervision of a person who holds such a certificate.

You must be at least 16 years old to qualify for a remote pilot certificate, and you can obtain it in one of two ways.

  • You may pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center.
  • If you already have a Part 61 pilot certificate, you must have completed a flight review in the previous 24 months and you must take a small UAS online training course provided by the FAA.

If you have a Part 61 certificate, you will immediately receive a temporary remote pilot certificate when you apply for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of TSA security vetting. We anticipate we will be able to issue temporary certificates within 10 business days after receiving a completed application.

Drone Certification

You are responsible for ensuring a drone is safe before flying, but the FAA does not require small drones to comply with current agency airworthiness standards or obtain aircraft certification. For example, you will have to perform a preflight inspection that includes checking the communications link between the control station and the drone.

Other Requirements

If you are acting as pilot in command, you have to comply with several other provisions of Part 107:

  • You must make your drone available to the FAA for inspection or testing on request, and you must provide any associated records required to be kept under the rule.
  • You must report any operation that results in serious injury, loss of consciousness, or property damage of at least $500 to the FAA within 10 days.

Airspace Authorizations

Operations in Class G airspace are allowed without air traffic control (ATC) permission. Operations in Class B, C, D and E airspace need ATC authorization.

The Low Altitude Authorization and Notification Capability (LAANC, pronounced “LANCE”) uses desktop and mobile apps designed to support the volume of drone operations with almost real-time airspace authorizations. It is now live at more than 530 FAA ATC facilities covering over 726 airports throughout the country and many authorizations are granted within seconds of being submitted.

Currently, LAANC only applies to FAA ATC facilities and does not yet include contract or Department of Defense ATC facilities. Authorizations for those facilities need to follow the manual process through FAADroneZone.

FAADroneZone

FAADroneZone is a one-stop, online shop for drone registration and for requesting waivers or airspace authorizations (where LAANC is not available). For example, if you want to fly at night, beyond your visual line of sight, over people, or perform other complex actions. Visit the site for more details. The FAA generally responds to waiver requests within 90 days, depending on the complexity of the request.

FAADroneZone may also be used to file drone accident reports.

 

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