Not Quite A Doomsday Scenario . . . But Close

Earlier this week, we reported on an incident in Japan where a UAS carrying a small amount of radioactive material landed at the Japanese Prime Minister's residence.  The perpetrator, Yasuo Yamamoto, seems to be viewed by many people as a "protestor" who was simply carrying out a "stunt" to make a point.  But what if he had a more sinister motivation?  How much damage could be done?  The answer is, quite a lot.

When most people consider the possible terrorist use of a small UAS, they think of bombs.  That, however, is not the scenario with which you should be most concerned.  A small UAS, which can only carry a few pounds, is not an efficient way to deliver conventional explosives.  This is the reason car bombs, with the ability to deliver literally hundreds of pounds of explosives to a crowded street, is still the terrorist's vehicle of choice.   More ›

UAS: It Only Takes One . . .

Up until now, Japan has been able to combine widespread commercial UAS operations with a very "hands off" attitude towards regulatory restrictions.  All of that may be about to change.  More ›

UAS: Section 333 Exemption Process: What Has Changed And How Can You Take Advantage Of It?

We would like to thank those of you who were able to join us for our Webinar on April 21, 2015.  We were happy we could provide you with an update on the recent changes to the Section 333 approval process, blanket COA grants, and the Notice of Proposed Rulemaking for the Operation of Small UAS. 

For those of you who could not make it, you can find a copy of the presentation at this link.  If you have any questions or would like further information, don’t hesitate to contact us, and keep following the blog for the announcement of our next webinar. 

One Hour Delivery? Not Any Time Soon . . . .

Imagine for a moment that you are at home working on a project in your garage, when you realize that you don't have the right size socket wrench.  You get out your phone, and after a few taps, your wrench is on its way.  Up to this point in our story, you could do all of these things today.  What if, however, the wrench can be delivered to your driveway by a drone in less than 15 minutes from the time you bought it?  Is this the future? More ›

Freedom of Speech and YouTube . . . or Not

There was a great deal of controversy last month when some individuals who had posted videos of what appeared to be illegal UAS operations began receiving letters from the FAA.  This, in turn, caused a large number of people to take to social media to complain that the FAA was violating people's First Amendment rights by sending those letters.

In light of the controversy, the FAA has decided to set a new National Policy to be followed by all Flight Standards District Office Aviation Safety Inspectors.  This Notice, entitled Aviation-Related Videos or Other Electronic Media on the Internet, is intended to give guidance on what actions should be taken once the FAA is notified that there are videos or electronic media that depict any aircraft operation that is "contrary to Title 14 of the Code of Federal Regulations (14 CFR) or statute."  More ›

FREE WEBINAR

UAS Operations and the
Section 333 Exemption Process:
What Has Changed, And How Can
You Take Advantage Of It?

April 21, 2015
1:30 – 2:30 pm EST

RSVP HERE!

Summary exemptions?  Blanket COAs?  Expedited timetables?  There have been major changes in the Section 333 exemption process.  As a result of these changes, the FAA more than doubled the number of certificated UAS operators in just two weeks. 

Despite what you may have heard, however, the FAA did not give blanket authority to anyone who wants to fly.  There is still an exemption process, and all commercial operators still need specific authorization from the FAA to fly legally.    More ›

Haste Makes Progress

Over the past two and a half weeks, more than 75 Petitions for Exemption have been granted.  This means that in a 17-day period, the number of authorized commercial UAS operators in the United States has nearly tripled. 

 As a result of this effort, for the first time, the backlog of petitions is actually decreasing.  In fact, some of the most recent petitions were pending for 120 days or less, which was the goal originally set by the FAA last summer when the Exemption process was opened up to UAS operators.  

How has this been done?  The answer is "Summary Grant of Exemption."   More ›

UAS: Hobby or Commercial?

Over the last week, UAS blogs and news sites have been breathlessly asking whether a legitimate UAS hobbyist flight can be converted into a commercial operation after the fact. The answer is no. If it was a legitimate recreational flight, subsequent actions don’t "convert" it into a commercial flight. What does happen, however, is that your subsequent actions open the door to second guessing, and an argument from an objective outside observer that it was never a legitimate recreational flight to begin with.

Under the FAA Modernization and Reform Act of 2012, in order for a person to be able to take advantage of the hobbyist "safe harbor," the aircraft must be "flown strictly for hobby or recreational use." The FAA has further explained this standard in the Interpretation of the Special Rule for Model Aircraft, where it stated it would be guided by the dictionary definition of "hobby," which is a “pursuit outside one's regular occupation engaged in especially for relaxation,” and "recreation," which is defined as “refreshment of strength and spirits after work; a means of refreshment or diversion.”

Because recreation is defined essentially as the opposite of work, the two pursuits are not compatible. What if no money is changing hands? Doesn't that automatically mean it is a hobbyist flight?  The answer again, is no. The FAA has cast its net very broadly, and stated that "flights that are in furtherance of a business, or incidental to a person’s business, would not be a hobby or recreation flight." The words "incidental" and "in furtherance" of a person's business is significant because it captures flights where no money is changing hands. For example, if I offer to fly for someone for free because it helps build good will in a potential customer, or it will help promote future services, that is "incidental" or "in furtherance" of a business purpose, and the lack of compensation is irrelevant.

In addition, the FAA made clear that the Modernization and Reform Act's use of the phrase "strictly for hobby or recreational use" means that there can be no such thing as a dual purpose flight. In other words, if I am flying because I love to fly and because I might be able to make a little money on the side, it cannot be a legitimate hobby flight.

So, we have a system where the legitimacy of a flight depends on the subjective intent of the operator when he was flying. Unfortunately, we live in a world where people lie about their intent when they are caught doing something wrong. The only way to get to the bottom of the issue is to look at the objective facts, such as how the operator holds himself out to the public and what he has said to third parties about the flights.

So, when the FAA looks at a video on YouTube in response to a complaint, it is not punishing people for their free speech or going after people for exercising their First Amendment rights. The FAA is looking at the facts and trying to figure out whether these are hobbyist flights or commercial flights. While your subsequent actions, like receiving advertising money for the flight or using it to advertise a business, can't "convert" a hobby flight into a commercial flight, the more you do these things, the harder it is for the FAA to believe you when you claim that you have always been an innocent hobbyist.

UAS: Secret Service Declares War on Drones

The history of warfare is the constant struggle between offensive and defensive technology, measures and countermeasures. The heavily armored knight reigned supreme on the battlefield until the invention of the longbow and the pike. Naval strength was measured solely in terms of the number of “big gun” ships a country possessed until the invention of the torpedo and the aircraft. This race never stops. The torpedo, in turn, spawned the depth charge and sonar, while the aircraft led to radar and anti-aircraft weapons, which, in turn, led to chaff and jamming.

This never-ending battle is now going to be waged over the streets of Washington, D.C. Word comes now that the Secret Service, alarmed by the crash of a UAS on the lawn of the White House by a drunken intelligence officer, is going to be conducting live tests to determine how to disable and bring down drones in flight. The tests will be conducted between 1 a.m. and 4 a.m. over the next several weeks over unspecified parts of Washington. While the details of the plan are classified, the Secret Service is looking into signal jamming and spoofing technology to interfere with the UAS’s flight control systems. In addition, the testing will also be used to determine whether the Secret Service’s jamming devices will also interfere with nearby cell phones, blue tooth technology, wireless networks, or devices that require a GPS signal.

This proposal highlights a major quandary for policymakers. The proliferation of small UAS has created a security risk. A relatively benign way of dealing with the threat is for law enforcement to take advantage of security flaws in the UAS’s GPS and control systems. These vulnerabilities, however, are the very same ones that have led to criticism of the small UAS NPRM’s abandonment of any airworthiness certification standards for communication encryption and security. People for years have been concerned that these same security flaws could be used by mischief makers or terrorists to “hijack” a drone in flight and crash it into people.

So, in order to protect us from criminals who want to hijack a drone, manufacturers need to make the data connections secure. This, however, interferes with the Secret Service’s ability to use “non-lethal” means to stop a UAS in flight. The Secret Service will then have to turn to figuring out ways around these protections such as signal decryption, broad spectrum jamming, or simply using a projectile to shoot it down.

This last method appears to be the favored approach by policymakers in China. Last December, a small UAS involved in mapping for a real estate concern inadvertently flew into restricted airspace, prompting the mobilization of rapid-response forces and aircraft from 10 different People’s Liberation Army regiments and the activation of nearby surface-to-air missiles. The Chinese ultimately used an armed helicopter to shoot down the UAS.

So, if you are out late in Washington, D.C. over the next few weeks and you see a drone flying overhead, or your cell phone starts acting strangely, or your car’s navigation system starts telling you that you are in Tuba City, Arizona, don’t worry. You are just experiencing a side effect of the never-ending struggle between offense and defense.

All You Ever Wanted to Know About UAS

Plane-ly Spoken tries to remain on the cutting edge of all things UAS, and has, on several occasions, been the first out with major breaking news on UAS developments.  Plane-ly Spoken is also in the forefront of providing expert analysis of changes to UAS laws and regulations.

To that end, McKenna Long & Aldridge has hosted seven webinars on a number of topics, including development of the Section 333 Exemption process, "use case" analysis for specific industries, advice on how to get your Exemption approved, foreign UAS operations, and most recently, the Small UAS NPRM.  For those of you who may have missed some of these webinars, set out below are links to the complete copies of the Power Point presentations.

 Preparing, Filing and Obtaining Section 333 Approvals

Recent Developments in the Section 333 Process

 UAS in the Energy and Telecommunication Industries   

Operation of UAS in Foreign Countries

Precision Agriculture and UAS

UAS and the Insurance Industry

 Small UAS NPRM

We would also like to take this opportunity to announce our eighth webinar, which will be held on March 26, 2015 at 1:30 PM EDT.  The release of the Notice of Proposed Rulemaking for Small UAS represents a tremendous opportunity for rapid innovation in small UAS design.  It also represents a serious trap that can snare unwary UAS designers and manufacturers.  We will provide our expert analysis of these opportunities and pitfalls so that small UAS manufacturers can position themselves in the forefront of the industry while protecting themselves from the increased risks of legal liability.

Registration information for this webinar will be posted in the near future, so keep checking back here at Plane-ly Spoken to stay on top of developments.