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UAV Helicopter Drones In The News

HSE Deploys the RDASS 1000 UAV - HSE announces the deployment of the new RDASS 1000 4 rotor electric UAV.  The RDASS 1000 series is designed to meet the hi-tech needs of the user at a price to meet any city or county budget.


Judge Rules Against FAA in ‘Landmark’ UAV Challenge -  In a decision dated March 6, NTSB Judge Patrick Geraghty found that the FAA has no regulations that apply to model aircraft or that classify a model aircraft as an unmanned aircraft system.


Court Approves Use of Police UAVs - a North Dakota court has approved the use of UAV drones to help arrest citizens on US soil.


Arlington Police Dept Granted Permission to Fly UAVs by FAA -Arlington Police Chief Will Johnson announced that the Federal Aviation Administration has given the city permission to get the rotors turning on the police UAV drone project.


Supreme Court & The 4th Amendment - The US Supreme Court has held that individuals do not generally have Fourth Amendment rights with respect to aerial surveillance. Can the lower courts or State, county, city municipalities outlaw the use of UAV's for law enforcement?


Congress - UAS Privacy & Transparency Act - The proposed UAV Drone Aircraft Privacy and Transparency Act of 2012 requires that police obtain warrants to use UAV drones for certain types of surveillance.


UAV FAA Regulations For more than five decades, the Federal Aviation Administration (FAA) has compiled a proven track record of introducing new technology and aircraft safely into the National Airspace System (NAS).


FAA Fact Sheet – Unmanned Aircraft Systems (UAS) - For Immediate Release.


FAA Certificate of Authorization or Waiver (COA) - Before you can operate a UAV in National Airspace System (NAS) you must have a COA. The average time to issue an authorization for non-emergency operations is less than 60 days, 


Int'l Assc. of Chiefs of Police - AVIATION COMMITTEE Recommended Guidelines for the use of police Unmanned Aircraft Systems (UAS).


Drones Are About To Go Postal - Drones are about to go postal in Auvergne, a province in south central France. Local postal service La Poste Group will deliver mail via quad-copter drones as early as May of this year, the group recently announced on its blog.


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UAV Law Enforcement & Privacy


The right to privacy is fundamental in a free and civilized society!  We The People, have a reasonable and justifiable expectation of privacy that we will not be monitored or spied on by law enforcement agents, individuals and hobbyists. But it is already here!  We are being monitored everyday by government, law enforcement, businesses, and private citizens every day! Just look around you! Surveillance cameras are on traffic lights, street corners, banks, hospitals, office building, parking lots and even private citizens have cameras outside there homes.  These cameras play an important role in "security and public safety."

UAV Privacy Protection Legislation is necessary. However, some Federal, State and City Legislators may be jumping the gun to fast and adopting or proposing Legislative Acts without thinking about what the legislation does NOT include. These acts could severely limit the use of UAV's by law enforcement. In their efforts to protect our privacy they are forgetting about the role UAV's play in public safety.  The same important role that is currently carried out with helicopters that cost $1500 per hour to fly operate.  These full size and expensive to operate helicopters are used to search for missing persons, fire rescue, tracking criminals, SWAT operations, and much much more. 

The US Supreme Court has held that individuals do not generally have Fourth Amendment rights with respect to aerial surveillance because of the ability that anyone might have to observe what could be viewed from the air.

UAVs exemplify the modern information age, an era of computer automation, the Internet, high-definition imagery, and "smart"-technology. Civilian applications include traffic surveillance, weather monitoring, communications relay, border management, maritime patrol, crime prevention, fire rescue, forest fire monitoring and a host of other uses. More can be done virtually and by remote control today than at any time in history, and the corresponding actual and potential savings of personnel and resources are tangible.

Similarly, in the commercial sector, UAVs can undertake tasks relating to fishery and agricultural management, freight, pipeline monitoring, aerial photography, and search and rescue. In doing so, UAVs optimize the political, business, and human costs of dangerous activities.

Whether UAVs can be integrated into the national airspace without also posing a safety or national security issue is an open question.  As the FAA itself noted of UAVs:

These devices may be as simple as a remotely controlled model aircraft used for recreational purposes or as complex as surveillance aircraft flying over hostile areas in warfare. They may be controlled either manually or through an autopilot using a data link to connect the pilot to the aircraft. They may perform a variety of public services: surveillance, collection of air samples to determine levels of pollution, or rescue and recovery missions in crisis situations.

The absence of a distinctive body of rules and regulations integrating UAV flight into the national airspace, coupled with an existing time-consuming certification process for UAV flight in the first place, is an impediment and constraint for present and future UAV development.

At the same time, given the actual proliferation of UAVs in the commercial and military markets, the time for lawmakers to more directly address UAV integration into the NAS as a matter of law is now. Policymakers should aggressively encourage UAV production and use in the civil, commercial, and military realms, they should approach the laws regulating UAV operations conservatively, integrating different UAV assets into the national airspace in-step with improvements in UAV technological reliability.

Of course, individuals do not operate drone vehicles with the capabilities of the US government. Also, some state courts have reached different conclusions about the privacy issues associated with aerial surveillance.

The House of Representatives approved an amendment to the National Defense Authorization Act of 2013 to prohibit information collected by Department of Defense drones without a warrant from being used as evidence in court. In June 2012, identical bills were introduced in the House and the Senate to require a warrant before drones could be used for most instances of criminal surveillance.

Here are a couple of prime examples of how far some Acts go in limiting the use of UAV's by law enforcement and government agencies.  Commercial use is illegal and strict restriction are in place for hobbyists. None of these do not include safety measures such a loss of communications or forbidding them from being armed.

NOTE: Homeland Surveillance & Electronics LLC Mission Statement is also to protect the privacy rights of the individuals and to work with government agencies, organizations and businesses to help insure that those rights are not infringed.  If they use them like they already use helicopters for criminal pursuit, search and rescue, fire is one thing, but if they start using them to spy on the general public without a warrant, then its a different story altogether. At HSE, the Constitutional Rights of the People come first. Maintaining an individual's privacy and protecting the civil liberties of all persons is of paramount importance to HSE! Together, we can help provide a great public service and keeping our Country safe while at the same time protecting "Our Rights". It's as simple as that!!!

Sen. Paul Introduces Bill to Protect Americans Against Unwarranted Drone Surveillance

Jun 12, 2012

WASHINGTON, D.C. - Today, Sen. Rand Paul introduced legislation into the Senate that protects individual privacy against unwarranted governmental intrusion through the use of the unmanned aerial vehicles commonly known as drones. The Preserving Freedom from Unwarranted Surveillance Act of 2012 will protect Americans' personal privacy.

"Like other tools used to collect information in law enforcement, in order to use drones a warrant needs to be issued. Americans going about their everyday lives should not be treated like criminals or terrorists and have their rights infringed upon by military tactics," Sen. Paul said.

The Preserving Freedom from Unwarranted Surveillance Act of 2012 also:

1. Prohibits the use of drones by the government except when a warrant is issued for its use in accordance with the requirements of the Fourth Amendment.

2. Includes the following exceptions:

1) patrol of national borders;

2) when law enforcement possesses reasonable suspicion that under particular circumstances, swift drone action is necessary to prevent "imminent danger to life;"

3) high risk of a terrorist attack

3. Allows any person to sue the government for violating this Act.

4. Specifies that no evidence obtained or collected in violation of this Act can be used/admissible as evidence in a criminal, civil, or regulatory action.


PRIVACY PROTECTION ACT V2: BAN ON THE USE OF DRONES BY FEDERAL AND STATE AGENCIES

SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:

– Use of Unmanned Aerial Vehicle (UAV) by Law Enforcement Banned –

(a) The general assembly finds and declares the following:

(1) The right to privacy is fundamental in a free and civilized society.

(2) Persons within the State of [STATE] have a reasonable and justifiable expectation of privacy that they will not be monitored with UAVs by law enforcement agents of the United States or law enforcement agents of the State of [STATE].

(3) The potential benefit to law enforcement and criminal justice from the use of UAVs is far outweighed by the degradation to the fundamental right to privacy secured by the Constitution of the United States and the Constitution of the State of [STATE] that will result from law enforcement’s use of UAVs.

(4) The use of UAVs by law enforcement is repugnant to a free society.

      (b) Any law enforcement agent of the Federal Government that shall utilize a UAV for any purpose whatsoever within the airspace of the State of shall be guilty of a Class a Misdemeanor.

      (c) Any law enforcement agent of the State of [STATE] that shall utilize a UAV for any purpose whatsoever within the airspace of the State of [STATE] shall be guilty of a Class a Misdemeanor.

      (d) Any person that shall knowingly, or under facts where the person should know, assist any person or entity to violate section (b) or (c) of this chapter shall be guilty of a Class a Misdemeanor.

      (e) Any information gathered by a UAV, and any information gathered as a result of the use of a UAV, whether by said law enforcement agents, or otherwise, is declared inadmissible in any civil or criminal court of law in the State of [STATE].

      (f) As used in this section, “Unmanned Aerial Vehicle (UAV)” and “UAVs” are any aircraft without a human pilot on board.

      (g) As used in this section, “law enforcement agent of the United States” is any officer, employee or agent of the United States, or any officer employee or agent of a branch, department or agency of the United States, or any person or entity acting under contract with the United States or any branch, department or agency thereof, for the purpose of law enforcement or criminal justice.

      (h) As used in this section, “law enforcement agent of the State of [STATE]” is any officer, employee or agent of the State of [STATE], or any officer employee or agent of a branch, department or agency of the State of [STATE], or any person or entity acting under contract with the State of [STATE] or any branch, department or agency thereof, for the purpose of law enforcement or criminal justice.

      (i) This section shall be construed broadly to effect the legislative intent of banning the use of UAVs by law enforcement, and any information obtained as a result of the use of UAVs by law enforcement, within the State of [STATE].

      (j) Severability: If any provision, portion or subdivision of this Act is or becomes illegal, such illegality shall not affect the remainder of this Act.

SECTION 2: This act takes effect immediately upon approval by the Governor.


ACT V1: WARRANT REQUIREMENT FOR BOTH STATE AND FEDERAL LAW ENFORCEMENT AGENCIES PRIOR TO THE USE OF DRONES

SECTION 1. [STATE] General Laws, Chapter ____ of Title _____ is hereby amended by adding thereto this section:

– Warrant Required for the Use of Unmanned Aerial Vehicle (UAV) by Law Enforcement–

(a) The general assembly finds and declares the following:

(1) The right to privacy is fundamental in a free and civilized society;

(2) Persons within the State of [STATE] have a reasonable and justifiable expectation of privacy that they will not be monitored with UAVs by law enforcement agents of the United States or law enforcement agents of the State of [STATE] without a warrant based on probable cause first issuing;

(3) The potential benefit to law enforcement and criminal justice from the use of UAVs without a warrant first issuing is far outweighed by the degradation to the fundamental right to privacy secured by the Constitution of the United States and the Constitution of the State of [STATE] that will result from law enforcement use of UAVs without first obtaining a warrant;

(4) The use of UAVs by law enforcement without first obtaining a warrant is repugnant to a free society.

      (b) Any law enforcement agent of the United States that shall utilize a UAV for any purpose whatsoever within the airspace of the State of [STATE] without first obtaining a warrant shall be guilty of a Class a Misdemeanor.

     (c) Any law enforcement agent of the State of [STATE] that shall utilize a UAV for any purpose whatsoever within the airspace of the State of [STATE] without first obtaining a warrant shall be guilty of a Class a Misdemeanor.

     (d) Any person that shall knowingly, or under facts where the person should know, assist any person or entity to violate section (b) or (c) of this chapter shall be guilty of a Class a Misdemeanor.

     (e) Any information gathered by a UAV without a warrant, and any information gathered as a result of the use of a UAV without a warrant, is declared inadmissible in any civil or criminal court of law in the State of [STATE].

      (f) As used in this section, “Unmanned Aerial Vehicle (UAV)” and “UAVs” are any aircraft without a human pilot on board.

      (g) As used in this section, “law enforcement agent of the United States” is any officer, employee or agent of the United States, or any officer employee or agent of a branch, department or agency of the United States, or any person or entity acting under contract with the United States or any branch, department or agency thereof, for the purpose of law enforcement or criminal justice.

      (h) As used in this section, “law enforcement agent of the State of [STATE]” is any officer, employee or agent of the State of [STATE], or any officer employee or agent of a branch, department or agency of the State of [STATE], or any person or entity acting under contract with the State of [STATE] or any branch, department or agency thereof, for the purpose of law enforcement or criminal justice.

      (i) As used in this section, a “warrant” shall be issued by a duly authorized State magistrate or judge, or a Federal magistrate or judge, using the procedures established by applicable law. Any such warrant shall be based on probable cause established by oath or affirmation, shall be obtained prior to the use of a UAV, and shall expire twenty-four (24) hours after issuance.

      (j) This section shall be construed broadly to effect the legislative intent of requiring a warrant prior to the use of UAVs within the State of [STATE] by law enforcement, and requiring a warrant in order for any information obtained by a UAV, or as a result of the use of a UAV, to be admissible in a court of law.

     (k) Severability: If any provision, portion or subdivision of this Act is or becomes illegal, such illegality shall not affect the remainder of this Act.

SECTION 2: This act takes effect immediately upon approval by the Governor.

For Legislatures to restrict the use of this technology in law enforcement except where a search warrant "is required", is "ridiculous!".  What's wrong with applying the same rules and procedures as the current full size copters?   As stated above, Homeland Surveillance & Electronics LLC Mission Statement is also to protect the privacy rights of the individuals and to work with government agencies, organizations and businesses to help insure that those rights are not infringed. At HSE, the Constitutional Rights of the People come first. If law enforcement use a UAS like they already use helicopters for criminal pursuit, search and rescue, fire, public safety missions etc. is one thing, but if they start using them to spy on the general public without a warrant, then its a different story altogether.  The list of applications for a UAV is endless.  Compare the cost of a full-size helicopter which cost $1500.00 per hour to a UAV and it's a "no brainer".  a UAS saves life's and money, too!!!!

That's Our 2 Cents Worth!

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It is the policy of Homeland Surveillance & Electronics to adhere strictly to all U.S. laws and regulations covering the export, re-export, and import of Defense related articles, technical data, and services. Such laws and regulations include, but are not limited to, the Export Administration Act of 1979, as amended (50 U.S.C.), the Export Administration Regulations (EAR) (administered by the U.S. Department of Commerce), the Arms Export Control Act (AECA) (22 U.S.C. 2778), and the International Traffic in Arms Regulations (ITAR) (22 C.F.R.) (Administered by the U.S. Department of State). Further, Homeland Surveillance & Electronics adheres to additional restrictions on exports and re-exports contained in various country-specific regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).

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