STATE DRONE LAWS
How many states have enacted legislation governing drones?
It depends on whether you count the state, county, or local ordinances separately
Are you required to display your registration number on the outside of your drone?
Yes
What are the 3 main risk-based categories for EASA regulation 2018/1139
Open, Specific and Certified
What about drones and drone-related processes can be protected under U.S. patent law?
New drone designs, methods of drone operation and propulsion, and new ways to mount and carry objects by drones.
In 2008, this state enacted the Biometric Information
Privacy Act (known as BIPA), the first state statute to explicitly govern the collection, storage, and use of biometric identifiers and biometric information.
What is Illinois
How many states contain preemption clauses in their drone laws?
At least 15
Name an NPRM that just closed for public comment in April 2019 relating to drones
Flying over people or flying at night without a waiver
What is the effective date for all member states for enforcement of the EASA risk-based UAS regulations?
2022
Who are notable U.S. patent owners of drone technologies and processes?
Amazon, UPS, Disney, Qualcomm, Fuji, Cisco, Google, SZ DJI Technology Co. (China), and Autotel.
What sort of information is considered biometrics?
Biometric identifiers, defined as “retina or iris scan,
fingerprint, voiceprint, or scan of hand or face geometry,” as well as biometric information, which is information based on those identifiers that can be used to identify an individual.
How many states have tried to enact legislation pertaining to privacy from drone intrusions?
At least 26
Name another NPRM that just closed for public comment in April 2019 relating to drones
Flying over people or flying at night without a waiver
What is a key component of Data Minimization by Default, part of the General Data Protection Regulation?
Data Minimization
What are protectable “works of authorship” under U.S. copyright law.
Drone-captured images, video, and sound recordings, and drone flight paths.
What are some of the high profile companies named as defendants in class actions under the Illinois BIPA statute in just the last few years alone?
Delta, American Airlines, Facebook, Shutterfly, Hilton, BNSF Railroad, Six Flags, Google, and Snapchat.
How many states require law enforcement secure a warrant prior to using a drone to search for evidence?
At least 19
Is it a federal crime to interfere with wildfire suppression using your drone?
Yes and in some cases also a state crime
What is the European requirement that the data controller and the data processor shall implement appropriate technical measures to ensure a level of security appropriate to the risk?
Security of Processing
What is a written agreement?
A drone is for hire to take images or video (“work for hire”), and the operator/owner of the drone is working under direction of a contracting party, this is needed to transfer ownership of these works for hire from drone owner/operator to the contracting party.
What is Article III standing?
This constitutional principle has formed the basis for many successful arguments by defendants facing BIPA class actions in federal court, where the plaintiffs have not alleged that they have suffered an actual, concrete injury-in-fact separate and apart from a naked statutory violation.
Have any states enacted laws governing hobbyist uses of drones?
Yes at least 3
Does the FAA work closely with local law enforcement when it comes to drone operations?
Yes indeed!
What are the 2 categories of UAS operations in Italy, as defined by ENAC?
Critical and Non-Critical Operations
What is a trademark under U.S. law?
Colors, such as the color brown for UPS’ package delivery services; sounds such as the three note sound that NBC uses to sign off with; and slogans, logos, and names, such as the term PARROT for
use with “remote controlled toys”.
What are the three compliance keys to protect against liability under the Illinois BIPA statute?
Consent, reasonable care, and retention policy.