It came from the sky: Laws lax on drones

It was a typical day for Salisbury resident Len Stewart on Saturday, Nov. 25 — until he heard strange sounds above him coming from the sky.

Stewart was putting up stakes along his driveway as markers for snow plows when he suddenly heard a high-pitched sound right above him.

“I thought that there was no way it could be bees, yet the sound stayed right above me,” Stewart said. “I looked up and I saw a rather large drone moving away from me. It was hovering right over my driveway, just above the tree line, 150 feet up.”

Stewart said that he was not spooked by the drone because he had seen them used before by real estate companies.

“I know they use them sometimes to take pictures,” Stewart said. “However, I felt a sense of lost privacy because it was hovering above me for a while. I’m thinking maybe it was there because I live right across from actress Meryl Streep.”

Stewart said that he reported the drone incident to the State Police.

“The state trooper told me that he didn’t know of any laws at all when it comes to drones over private properties,” Stewart said. “They told me that there were only laws concerning drones flying over and around airports and that’s it. To me, it’s an outdoor invasion of privacy.”

While it might be an invasion of privacy to Stewart, to the Federal Aviation Administration (FAA) it means nothing.

According to an email from FAA New England spokesman Jim Peters to The Lakeville Journal, FAA regulations do not specifically deal with privacy issues in the use of drones.

“The FAA does not regulate how UAS (Unmanned Aerial Systems) gathers data on people or property,” Peters wrote. “But the agency is acting to address privacy considerations in this area.”

Peters also said, “The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology of photography.”

For reference, he suggested that “The National Telecommunications and Information Administration (NTIA) has published voluntary best practices for UAS privacy that outline and describe ways UAS operators can take to advance UAS privacy, transparency and accountability for the private and commercial use of unmanned aircraft.”

They can be found online at www.ntia.doc.gov/files/ntia/publications/uas_privacy_best_practices_6-21....

However, Peters stressed, all of the best practices are voluntary and are not subject to any laws or law enforcement regulations.

Meanwhile, back in December 2014, the state General Assembly’s Legislative Program Review and Investigations Committee issued a report on drone use regulations.

The committee recommended that “State statutes should be reviewed and revised to reflect the existence and capabilities of drones. Statutes regarding aeronautics, in particular, should be revised to address possible federal pre-emption issues.”

Despite this, according to an email from a representative from the state’s Department of Emergency Services and Public Protection received on Wednesday, Dec. 6, “There are not any laws that apply specifically to drone use.”

The Lakeville Journal contacted the State Police Public Information Office with a request for comment for this story.

The office did not return calls for comment.

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