MicrostockGroup

Microstock Photography Forum - General => General Stock Discussion => Topic started by: Uncle Pete on March 06, 2022, 15:12

Title: Drones - UAV and the law
Post by: Uncle Pete on March 06, 2022, 15:12
https://dronedj.com/2022/03/04/missouri-debates-privacy-bill-to-ban-drones-photographing-people-or-property/

"In one of those periodic developments that pits questions of privacy against the rights of people to fly camera-equipped UAVs as they’d like, the Missouri legislature began debate this week on a proposed law to prohibit drones from photographing people or their property without consent.

House Bill 1619 was introduced in Missouri’s lower chamber on Tuesday, where it drew markedly contrasting responses."


This could be interesting as we have rights in the Constitution. Is the right to fly over public property and take photos going to be restricted? People or their property?
Title: Re: Drones - UAV and the law
Post by: cascoly on March 07, 2022, 13:33
...

This could be interesting as we have rights in the Constitution. Is the right to fly over public property and take photos going to be restricted? People or their property?

while this is a less intrusive action, we already limit rights by banning mechanized travel in wilderness, commercial activity, and campfires. we also limit where you can walk or camp in NP
Title: Re: Drones - UAV and the law
Post by: Mantis on March 07, 2022, 15:15
https://dronedj.com/2022/03/04/missouri-debates-privacy-bill-to-ban-drones-photographing-people-or-property/

"In one of those periodic developments that pits questions of privacy against the rights of people to fly camera-equipped UAVs as they’d like, the Missouri legislature began debate this week on a proposed law to prohibit drones from photographing people or their property without consent.

House Bill 1619 was introduced in Missouri’s lower chamber on Tuesday, where it drew markedly contrasting responses."


This could be interesting as we have rights in the Constitution. Is the right to fly over public property and take photos going to be restricted? People or their property?

And the right to just take pictures or video in public. Really no different. I'd think that this bill would have to leapfrog into any kind of device, including phones, that can capture private property and people roaming in public spaces. I mean, if there is a real concern for privacy, why limit it to drones? This is where I think it would get very sticky with enforcement. 
Title: Re: Drones - UAV and the law
Post by: Uncle Pete on March 08, 2022, 12:48
...

This could be interesting as we have rights in the Constitution. Is the right to fly over public property and take photos going to be restricted? People or their property?

while this is a less intrusive action, we already limit rights by banning mechanized travel in wilderness, commercial activity, and campfires. we also limit where you can walk or camp in NP

That's not the same, we have the 1st amendment and case history, lets stick to photography please?


And the right to just take pictures or video in public. Really no different. I'd think that this bill would have to leapfrog into any kind of device, including phones, that can capture private property and people roaming in public spaces. I mean, if there is a real concern for privacy, why limit it to drones? This is where I think it would get very sticky with enforcement. 

Exactly, and I'm not a lawyer and I'm sure someone could take different views of this, but! It's a Federal right, and the state wants to limit that freedom. If MO wants to ban flyovers by drones, which are regulated by the FAA (also Federal) they could end up in higher courts, with long cases, arguing 1st Amendment Rights.

Real simple, this legislation is misguided, maybe making news for exposure. The only people who are in favor are some NIMBYs who get all twitchy when they hear "Drone taking photos". If I can walk down the street and take a photo of what I see, why can't I fly over and do the same.

This is a useless waste of taxpayer money and government to even all it to be brought up past, some debate and someone with a legal mind saying "You're Nuts! You can't do that."

No I don't own a drone.

https://www.acludc.org/en/know-your-rights/know-your-rights-if-stopped-photographing-public#:~:text=When%20in%20public%20spaces%20where%20you%20are%20lawfully,government%20and%20is%20important%20in%20a%20free%20society (https://www.acludc.org/en/know-your-rights/know-your-rights-if-stopped-photographing-public#:~:text=When%20in%20public%20spaces%20where%20you%20are%20lawfully,government%20and%20is%20important%20in%20a%20free%20society)

1. When in public spaces where you are lawfully present you have the right to photograph anything that is in plain view.
2. When you are on private property, the property owner may set rules about the taking of photographs.

Who owns the air?  ???

Title: Re: Drones - UAV and the law
Post by: Lizard on March 08, 2022, 12:56
Even those who are setting future laws might have a huge problem here. Personally I think the answer is in intent and how the photo is used. Same thing with public places.

Btw, will they remove google satellite images then also because its basically same thing in a way?  ;D