As domestic drones become an issue of increasing concern – the FAA predicts that 30,000 drones will be deployed within 20 years – we hope that you find this material useful. Please contact us at drones@nacdl.org if you are aware of important drone information that we have not yet added. This project is supported by the Foundation for Criminal Justice and the Open Society Foundation.

Legislation & Bill Map

• The Bill Map features links to legislation at the federal level, in each of the states, and in select municipalities.

 

Case Law

• Opinions 
• Supreme Court Decisions on Manned Aircraft 
• Other Relevant Supreme Court Decisions 

Draft Legislation: NACDL's draft legislation to protect individual privacy against unwarranted governmental intrusion through the use of drones is available here.

News: To find recent stories about Domestic Drones, visit News of Interest and select "Domestic Drone Information Center" from the filter options on the left column.

Podcast Overview of the Domestic Drone Information Center

Government Documents (Including FOIA Requests) 

• Federal Aviation Administation - Final Rule - Operation and Certification of Small Unmanned Aircraft Systems "The FAA is amending its regulations to allow the operation of small unmanned aircraft systems in the National Airspace System. These changes address the operation of unmanned aircraft systems and certification of their remote pilots. This rule will also prohibit model aircraft from endangering the safety of the National AirspaceSystem." (June 21, 2016)

• Federal Aviation Administration - Unmanned Aircraft Systems (UAS) Registration "If you own a drone, you must register it with the Federal Aviation Administration's Unmanned Aircraft System (UAS) registry. A federal law effective December 21, 2015 requires unmanned aircraft registration, and you are subject to civil and criminal penalties if you do not register." (December 14, 2015)

• Federal Aviation Administation - Interim final rule - Registration and Marking Requirements for Small Unmanned Aircraft "This action provides an alternative, streamlined and simple, web-based aircraft registration process for the registration of small unmanned aircraft, including small unmanned aircraft operated as model aircraft, to facilitate compliance with the statutory requirement that all aircraft register prior to operation." (December 14, 2015)

• Department of Justice Policy Guidance - Domestic Use of Unmanned Aircraft Systems (UAS) DOJ: "This guidance will help ensure that the Department continues to carry out its law enforcement and national security missions while respecting individuals' privacy, civil rights, and civil liberties. It will also help ensure anappropriate level of accountability and transparency." (May 22, 2015)

• Federal Aviation Administration - Press Release – DOT and FAA Propose New Rules for Small Unmanned Aircraft Systems Regulations will facilitate integration of small UAS into U.S. aviation system. (February 15, 2015)

• The White House - Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems Memorandum for the heads of executive departments and agencies. (February 15, 2015)

• Federal Aviation Administration - Notice to Airmen - FDC 4/3621 Special security notice sporting events....Any person who knowingly or willfully violates the rules pertaining to operations in this airspace may be subject to certain criminal penalties under 49 USC 46307....All aircraft operations; including parachute jumping, unmanned aircraft and remote controlled aircraft, are prohibited within a special 3nmr up to and including 3000ft agl of any stadium having a seating capacity of 30,000 or more people where either a regular or post season major league baseball, national football league, or ncaa division one football game is occurring. (October 27, 2014)

• Federal Aviation Administration - Press Release – FAA Offers Guidance to Model Aircraft Operators The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today published a Federal Register notice on its interpretation of the statutory special rules for model aircraft in the FAA Modernization and Reform Act of 2012. The guidance comes after recent incidents involving the reckless use of unmanned model aircraft near airports and involving large crowds of people. (June 24, 2014)

• Federal Aviation Administration - Press Release – FAA to Consider Exemptions for Commercial UAS Movie and TV Production The U.S. Department of Transportation’s Federal Aviation Administration today announced that seven aerial photo and video production companies have asked for regulatory exemptions that would allow the film and television industry to use unmanned aircraft systems (UAS) with FAA approval for the first time. (June 2, 2014)

• Federal Aviation Administration - Busting Myths about the FAA and Unmanned Aircraft There are a lot of misconceptions and misinformation about unmanned aircraft system (UAS) regulations. Here are some common myths and the corresponding facts. (February 26, 2014)

• Electronic Frontier Foundation - Customs & Border Protection Loaned Predator Drones to Other Agencies 700 Times in Three Years According to 'Newly Discovered' Records Newly released documents as a result of EFF FOIA Request.  New information includes supplements to EFF's previous work, including: EFF reports on Customs & Border Protection Drone Agency List - Supplemental, Customs & Border Protection Daily Drone Flight Logs - 2010 - Supplemental, Customs & Border Protection Daily Drone Flight Logs - 2011 - Supplemental, Customs & Border Protection Daily Drone Flight Logs - 2012 - Supplemental. See also: EFF-generated chart comparing CBP's previous agency list and flight counts to the new disclosures. (January 14, 2014)

• Federal Aviation Administration - Press Release – FAA Selects Unmanned Aircraft Systems Research and Test Sites The Federal Aviation Administration (FAA) today announced the selection of the six public entities that will develop unmanned aircraft systems (UAS) research and test sites around the country. These congressionally-mandated test sites will conduct critical research into the certification and operational requirements necessary to safely integrate UAS into the national airspace over the next several years. (December 30, 2013)

• Department of Defense - Unmanned Systems Integrated Roadmap FY2013-2038 The purpose of this Roadmap is to articulate a vision and strategy for the continued development, production, test, training, operation, and sustainment of unmanned systems technology across DoD. This “Unmanned Systems Integrated Roadmap” establishes a technological vision for the next 25 years and outlines actions and technologies for DoD and industry to pursue to intelligently and affordably align with this vision. (December 2013)

• Citizens for Ethics and Responsibility FOIA - FBI slide show documenting why FBI thinks warrantless drone surveillance is constitutional In June 2013 Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act (FOIA) request with the FBI seeking information about the FBI's use of drones to conduct domestic surveillance. This slideshow documents why the FBI thinks warrantless drone surveillance is constitutional. (December 2013)

• Federal Aviation Administration - Notice of availability of final privacy requirements for the unmanned aircraft system ('UAS') test site program; response to comments On February 22, 2013 the FAA published and requested public comment on the proposed privacy requirements (the "Draft Privacy Requirements") for UAS test sites (the "Test Sites") that the FAA will establish pursuant to the FAA modernization and Reform Act of 2012 ("FMRA"). This notice responds to the public comments recieved and publishes the FAA's final privacy requirements for the Test Sites (the "Final Privacy Requirements"). (November 7, 2013)

• Federal Aviation Administration - Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap The Roadmap addresses current and future policies, regulations, technologies and procedures that will be required as demand moves the country from today's limited accommodation of UAS operations to the extensive integration of UAS into the NextGen aviation system in the future. (November 7, 2013)

• Federal Aviation Administration - Unmanned Aircraft Systems (UAS) Comprehensive Plan As required in the 2012 FAA Reauthorization, the Joint Planning and Development Office (JPDO) has developed a comprehensive plan to safely accelerate the integration of civil UAS into the national airspace system.. That plan details a multi-agency approach to safe and timely UAS integration and coordination with the NextGen shift to satellite-based technologies and new procedures. (November 7, 2013)

More Government Documents

Other Data 

• Autonomy Research for Civil Aviation: Toward a New Era of Flight - The National Academies Press This report develops a set of integrated and comprehensive technical goals and objectives of importance to the civil aeronautics community and the nation. Autonomy Research for Civil Aviation will be of interest to U.S. research organizations, industry, and academia who have a role in meeting these goals.

• Emerging Applications for Unmanned Aerial Systems (UAS) Across Global Government and Commercial Sectors - Research and Markets The significant potential and benefits of UAS have led to increasing implementation since the mid-1980s. Through the years, these platforms have proven successful on numerous missions, leading to growing popularity. UAS now has a significant role for numerous military units worldwide. A decrease in military expenditure has, however, nudged UAS manufacturers to look towards commercial markets. The shift from military implementation has and will be gradual. Government and law enforcement have begun the shift, pressuring regulatory bodies to finalise interim legislation. This will facilitate the commercialisation of the UAS and application thereof to fields such as precision agriculture and journalism.

• New America - World of Drones This In-Depth report from the International Security Program examines the proliferation, development, and use of armed drones. The World of Drones database draws upon media reports and other open source information to track which countries and non-state actors have armed drones or are in the process of developing them; which actors have used armed drones in combat; and which non-state actors are artificially equipping over-the-counter drones with improvised explosives like ISIS, or have obtained military-grade UAVs like Hezbollah.

More Data

Scholarship

• Article: Drones and Privacy in the Golden State; Brandon Gonzalez, Santa Clara High Technology Law Journal, 2017.

• Article: Droning on About Drones—Acceptance of and Perceived Barriers to Drones in Civil Usage Contexts; Chantal Lidynia, Ralf Philipsen, and Martina Ziefle, Springer International Publishing, Cham, 2017.

• Article: Separating Fact from Fiction in the Debate over Drone Proliferation; Michael Horowitz, Sarah E. Kreps, and Matthew Fuhrmann, Quarterly Journal: International Security,  Volume 41, Number 2, Fall 2016.

• Article: Domestic drones: the politics of verticality and the surveillance industrial complex; Ciara Bracklen-Roche, Geographica Helvetica, Volume 7, July 2016.

•  Article: Unmanned Aircraft Systems Overview-Outlook for the Domestic Drone Industry; Congressional Digest, June 2016

• Article: Drone Use and Privacy-Presidential Memorandum on Domestic Use of Unmanned Aircraft Systems; Congressional Digest, June 2016

• Article: Federal Regulation of Domestic Drones; Congressional Digest, June 2016

• Article: Legislative Background on Domestic Drones-Recent Action by Congress on Management of Unmanned Aircraft Systems; Congressional Digest, June 2016

• Report: Purposeless Regulation: The FAA Drone Registry; Jason Snead and John-Michael Seibler, The Heritage Foundation, February 4, 2016.

• Report: Drones and Aerial Surveillance: Considerations For Legislators; Gregory McNeal, Pepperdine University School of Law/Brookings, November 2014.

• Article: Coming Home to Roost - Domestic Use of Unmanned Aerial Vehicles; Hon. Brian Stern, Rhode Island Superior Court Associate Justice and Matthias Rubekeil, Rhode Island Bar Journal, Volume 62, Number 3, November/December 2013.

• Report: Remotely Piloted Aircraft Systems & Journalism: Opportunities and Challenges of Drones in News Gathering; David Goldberg, Mark Corocoran, and Robert G. Picard, Reuters Institute for the Study of Journalism, June 2013.

• Report: Observations from Above: Unmanned Aircraft Systems and Privacy; John Villasenor, Harvard Journal of Law and Public Policy, April 3, 2013.

• Report: Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses; Richard M. Thompson II, Congressional Research Service, April 3, 2013.

• Report: Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System; Bart Elias, Congressional Research Service, September 10, 2012.

• Report: Unmanned Aircraft Systems:Measuring Progress and Addressing Potential Privacy Concerns Would Facilitate Integration into the National Airspace System; United States Government Accountability Office, September 2012.

• Article: Technological Leap, Statutory Gap, and Constitutional Abyss: Remote Biometric Identification Comes of Age; Laura K. Donohue, Minnesota Law Review, Volume 97 - No. 2, 2012.

  More Scholarship 

Events

The Domestic Drone Revolution: Risks and Rewards in Perspective

• Date & Time: September 27, 2016, 10:00am - 12:15pm
• Location: Hayek Auditorium
• Host: Cato Insitute 

Event Description:  Multiple panel discussions exploring arming drones, persistent aerial surveillance, and the economic promise of drones.

Drone Regulation: For the Birds? Seeking a Better Approach to U.S. Drone Policy

• Date & Time: April 28, 2016, 12:30pm - 1:30 pm
• Location: Allison Auditorium
• Host: The Heritage Foundation  

Event Description:  Panel discussion of crucial questions on drone regulation.

Unmanned Aerial Vehicles: Commercial Applications and Public Policy Implications

• Date & Time: September 10, 2015, 3:00 pm
• Location: 2141 Rayburn House Office Building
• Host: U.S. House of Representatives Subcommittee on Courts, Intellectial Property, and the Internet  

Event Description:  Hearing on “Unmanned Aerial Vehicles"

U.S. Unmanned Aircraft Systems: Integration, Oversight, and Competitiveness

• Date & Time: December 10, 2014, 10am
• Location: 2167 Rayburn House Office Building
• Host: U.S. House of Representatives Subcommittee on Aviation  

Event Description:  Hearing on “U.S. Unmanned Aircraft Systems: Integration, Oversight, and Competitiveness"

Subcommittee on Aviation Hearing on 'The FAA Modernization and Reform Act of 2012: Two Years Later'

• Date & Time: February 5, 2014
• Location: 2167 Rayburn House Office Building, Washington, D.C.
• Host: U.S. House of Representatives Subcommittee on Aviation 

Event Description: The Subcommittee on Aviation will meet on Wednesday, February 5, 2014, at 10:00 a.m. in 2167 Rayburn House Office Building to receive testimony from the Federal Aviation Administration (FAA), Department of Transportation Office of Inspector General (DOT IG ), and Government Accountability Office (GAO) . The Subcommittee will hear from the witnesses regarding the progress the FAA has made in implementing provisions in the FAA Modernization and Reform Act of 2012 (Reform Act ) 1 in the last two years.

U.S. Senate Committee on Commerce, Science, and Transportation Hearing: The Future of Unmanned Aviation in the U.S. Economy: Safety and Privacy Considerations

• Date & Time: January 15, 2014
• Location: Russell Senate Office Building - 253, Washington, D.C.
• Host: U.S. Senate Committee on Commerce, Science, and Transportation 

Event Description: The U.S. Senate Committee on Commerce, Science, and Transportation will hold a hearing on Wednesday, January 15, 2014, at 2:30 p.m. to examine the growth of unmanned aerial systems (UAS), commonly referred to as “drones”, in the United States, including the potential economic benefits of drone operations, and the progress of steps taken to facilitate the development of the industry through the FAA Modernization and Reform Act of 2012 (P.L. 112-95). The hearing will include consideration of safety and privacy issues surrounding the operation of drones in the United States.