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How You Too Can Be Shut Down By the Feds For Flying Drones

An anonymous reader writes "University of Nebraska-Lincoln professor Matt Waite waived a government cease and desist letter recently received for his experiments using 3-pound, $500 drones for news reporting (specifically, for a story about drought in Nebraska). He gave journalism organizations the lowdown on what they can expect from the government on this front going forward and said he's posting his experience in trying to get certified by the FAA on GitHub so they can follow along."

46 of 195 comments (clear)

  1. Wrong by girlintraining · · Score: 3, Insightful

    No, that's not what news organizations can expect. That's what people trying to report on actual events can expect.

    The government selectively enforces rules like this. It has been for some time now. We have to keep you away from the raw and unadorned truth... it's dangerous to democracy you know. You will receive an edited and redacted version suitable for consumption within 3-5 business days. Thank you for your cooperation, Citizen.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Wrong by geekoid · · Score: 3, Insightful

      No it enforces this rule pretty evenly across the board. I suspect in 5 years this won't be an issue becasue they will have proper regulation.

      Drones are cheap. That means there will be a lot of them and we don't want a swarm of unregulated drones flying all about because it would be a hazard.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  2. Tin foil by Anonymous Coward · · Score: 2, Informative

    No, the FAA is being very deliberate about shutting down everyone who is deliberately breaking the law by commercially flying uavs. They should prosecute instead sending a C&D

    1. Re:Tin foil by HornWumpus · · Score: 4, Funny

      My hobby eye in the sky is legal. His professional eye in the sky is illegal.

      Mine is a scale predator drone. I use it to 'real world troll' groups with paranoid populations. e.g. Occutards, gun shows, teabaggers, privacy advocates, protestors in general.

      Completely legal as I'm doing it for fun.

      Hint for anybody thinking of joining the fun. Put a plant in the group to spot the drone just as it completes an orbit and disappears. Otherwise they won't see it. At 400 feet AGL a five foot wingspan drone is about right.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:Tin foil by dougmc · · Score: 2

      Most single engine planes are under 5k lbs.

      In general an ultralight has to be under 254 lbs and there's some other limitations. And then you don't need a license to fly them, but they're still subject to many of the FAA regulations -- in particular about where they can fly.

    3. Re:Tin foil by JWSmythe · · Score: 2

      You also don't publicize your drone in press conferences and written up in detail for advancement of your educational status.

      The best way to stay off the radar (figuratively) is to keep quiet about it.
      To keep off the radar (literally), stay out of controlled airspace.

      I could (in theory) build a really kick ass drone. Trans-sonic jet powered, enough fuel to fly over 1,000 miles, HD cameras in every direction, and whatever else I wanted to put on board. If it didn't fly in controlled airspace, avoided metropolitan areas, and you didn't do anything dumb like arming it up with missiles and guns, no one would know or care about it.

      Oh, and making it a pulsejet, and publicizing it online as a DIY cruise missile is a very very bad idea.

      --
      Serious? Seriousness is well above my pay grade.
  3. RC plane? by The+Grim+Reefer · · Score: 2

    I didn't RTFA, but the price sure makes me believe these were RC model planes and not actually drones. Or is anything that's remote controlled a drone now? Do RC cars count? If I use a wireless keyboard & mouse, my computer should. My television certainly should qualify, it does nothing but drone when it's on.

    1. Re:RC plane? by Megahard · · Score: 4, Funny

      My television certainly should qualify, it does nothing but drone when it's on.

      In that case, my wife would also qualify.

      --
      I eat only the real part of complex carbohydrates.
    2. Re:RC plane? by Anonymous Coward · · Score: 2, Informative

      The things that make an RC plane into a drone are the GPS and autopilot. If you have to be there with a controller making it move, it is an RC model. If it can move on its own according to a pre-determined flight plan, it is a drone.

    3. Re:RC plane? by smartin · · Score: 2

      Sure, he hands her the remote and she shuts up :)

      --
      The difference between Canada and the USA is that in Canada healthcare is a right and gun ownership is a privilege.
    4. Re:RC plane? by dougmc · · Score: 2

      As far as the FAA getting on people's case, it usually doesn't matter if it's a R/C plane or drone at all -- what matters is if the use is recreational or commercial.

  4. What's the difference between a drone & R/C pl by ducomputergeek · · Score: 3, Interesting

    At what point is a hobby shop R/C Airplane or Helicopter a drone? I used to enjoy flying R/C planes as a teen. I mean they were the "trainers". I never had the space to dedicate a workshop towards building the larger model planes until recently. And delicate (and easily breakable) R/C planes and young kids probably wouldn't matter much.

    I now wonder if by the time kids get old enough to know better if I'll be able to get back into the hobby due to every R/C plane being classified as a drone...

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  5. wrong verb by burgundy · · Score: 2

    s/waived/waved/ – it makes a difference.

    1. Re:wrong verb by msauve · · Score: 2

      In fairness, the summary carried that error over from the actual article. But in the article one could recognize the meaning from context. In the summary, it sounds like he simply ignored the feds.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
  6. Too Good To Live by b4upoo · · Score: 5, Interesting

    Drones have an ability to make truth more evident. Not only people but governments do not like it when truth is available. Any effort to make good use of drones will be met with huge resistance. For example we are willing to spend billions of dollars on a border control as long as it does not work. Imagine what a fleet of drones could do to halt illegal immigration. Now tell me just how likely it is that drones will be heavily used to patrol our borders. I have seen this same phenomena in police work where a couple of cops came up with a great way to curtail drunk driving. Two cops simply waited outside popular bars and stopped drivers who pulled out of the parking lot late at night. Almost 100% of the stops resulted in a valid drunk driving arrest. The city quickly halted the practice. The problem was that the town bordered another town and when word got out people simply drove a few hundred yards to get drunk in the next town's bars. In other words the real working policy of the city was to make a show of stopping drunk driving while making sure that they really did not stop drunk driving.
                    Drones work too well. By using drones we can expose situations and that endangers all kinds of social institutions. With a good swarm of drones on patrol we could really knock out almost all home burglaries at night. But how many companies and jobs depend on a busy criminal justice system? Society really is that perverted.

    1. Re:Too Good To Live by popoutman · · Score: 2

      Most home burglaries are during the daytime - but your point is still valid.

      --
      - This sig deliberately left blank. Nothing to see, move along.
  7. Re:Anything police can use should be restricted by HornWumpus · · Score: 5, Informative

    It's illegal to fly an RC model for any kind of pay.

    As long as you are doing it for fun (and follow AMA safety rules), RC camera work is legal.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  8. I am a pilot... by jgreen1024 · · Score: 4, Insightful

    Nothing stops these UAVs from flying in the same airspace as planes carrying people - all it takes is a little software malfunction. They are small and hard to see, aren't in radio contact with air traffic controllers, and don't show up on radar. There's a reason the government is concerned about them, and I suspect it's not about supressing truth.

    1. Re:I am a pilot... by HornWumpus · · Score: 4, Interesting

      Those rules are simple. We stay under 400ft. You stay above 1000ft. We don't get anywhere near airports. We don't fly if we see any traffic.

      Even under those rules, RC is strictly non-commercial. Amateur reporters can continue to use eyes in the sky.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:I am a pilot... by jgreen1024 · · Score: 3, Interesting

      I didn't know those were the rules. Are they well-known and well-understood? I've been out in fields in the middle of nowhere with two different people who were flying drones well above 400ft - nobody made any mention of a 400ft limit. I'm just curious.

    3. Re:I am a pilot... by JoeMerchant · · Score: 2

      The rules (400' ceiling) are well known by people who care about the rules.

      I've seen more than one Cessna flying well below 500'AGL far from airports, often with friends whooping and hollering from the ground... it will happen regardless of the rules and how well they are known.

    4. Re:I am a pilot... by HornWumpus · · Score: 3, Informative

      Those are AMA rules which are included by reference by the FAA.

      400 ft AGL, line of sight, weight limits (which escape me at the moment), airport standoffs, traffic rules are all spelled out.

      http://www.modelaircraft.org/

      Most flying fields won't let you fly without membership (which comes with liability insurance). Rules are often printed or at least referenced in kit instructions etc.

      400ft is pretty high for a model. Often barely visible.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    5. Re:I am a pilot... by jklovanc · · Score: 2

      Ypu seem to be a very conscientious pilot. Not all pilots are like you. What happens when someone finds an unlicensed drone above 400 ft or near airports? Nothing because there is no way to identify the owner.

    6. Re:I am a pilot... by jklovanc · · Score: 2

      The difference is that the offending Cessna has a tail number that can be reported to the FAA. A pilot caught breaking the rules could get his license pulled. An unregulated drone would not have that kind of identification or consequences.

    7. Re:I am a pilot... by NewtonsLaw · · Score: 2

      400 feet is *not* high, you need to get some telemetry on your models.

      Whenever I've flown a telemetry equipped model and shown other RC fliers just how low 400 feet AGL is, they are surprised.

      Given the low cost of telemetry these days, every club should have a model they can use to demonstrate how low 400ft AGL really is and that can be done by investing in a stand-alone system like this Wireless Copilot or adding an altitude sensor to any RC gear (such as Hitec, FrSky, JR, etc) that has inbuilt support for such.

      As for the FAA's assertion that earning a single red cent from flying a model turns that model into an "unmanned aerial system" equivalent to a predator drone... well here's all I have to say about that: Trappy vs FAA (Youtube vid with ads I'm afraid).

    8. Re:I am a pilot... by AK+Marc · · Score: 2

      So Estes model rockets from the '70s were "drones" (as they were unmanned aerial systems)? When a paper airplane is a "drone" then the definition is broken.

      The guy selling helium balloons needs a permit, as he's making money selling drones, and any kid who lets one go is a felon, operating drones without a license.

    9. Re:I am a pilot... by jklovanc · · Score: 2

      From the AMA web site;

      Ensure the aircraft is identified with the name and address or AMA number of the owner on the inside or affixed to the outside of the model aircraft. (This does not apply to model aircraft flown indoors.)

      It is difficult to see the inside of a model aircraft. Useful to return a lost aircraft. Not so useful to identify violators. One also does not have to be an AMA member to fly a drone.

    10. Re:I am a pilot... by luther349 · · Score: 2

      you can fly any ultralight at 5,000 feet and under thats how you keep everyone apart.

    11. Re:I am a pilot... by ShaunC · · Score: 2

      Besides, raccoon can't fly.

      Of course they can!

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    12. Re:I am a pilot... by jklovanc · · Score: 2

      The fact he used an unlicensed commercial drone was the issue not that the drone was used in an illegal way.

    13. Re:I am a pilot... by mbeckman · · Score: 5, Informative

      I'm a pilot too. A helicopter pilot. You've got the rules wrong. Fixed wing aircraft stay 1000' and higher. But helicopters fly specifically at 500' AGL for the most part, as we are required to "avoid the flow of fixed-wing traffic." So there is a scant 100' clearance between us and potential catastrophe from an errant RC pilot. Drones are a worse hazard than RCs to helo pilots, because drones are often flown by idiots whose sole qualification is a Frys Electronics gift card. This includes the so-called drone journalists, who uniformly, in my experience, are ignorant of airspace rules and regulations.

      Putting drones at the same site as an active news story likely to be covered by helicopter ENGs is abject stupidity. Drones, even million-dollar military models, are incapable of complying with the FAA's see-and-avoid visual flight rules for traffic separation. The technology to sense and avoid other aircraft in the same close quarters simply doesn't exist. Drones should be specifically outlawed in any journalistic or commercial role because they cannot operate with the same separation helos have from overlying fixed-wing traffic.

  9. Re:What's the difference between a drone & R/C by jklovanc · · Score: 2

    RC Plane: no camera and needs to be in direct line of sight of the operator.
    Drone: real time camera and can be operated out of line of sight of the operator.

    See the difference?

  10. Re:God by Anonymous Coward · · Score: 2, Funny

    Which one, Zeus? G-Zeus? Anubis? Yahweh? Thor? Brahma? Quetzalcoatl? Ba`al adh-Dhubab? Vishnu? Me?

    My bet is on myself.

  11. Re:What's the difference between a drone & R/C by HornWumpus · · Score: 2

    Modern electric RC trainers like a slow stick are almost unbreakable. If your kids are old enough to shoot a 22 rifle they are old enough to fly RC. I'd say age about 8 to get started, depending on the kid. The slow stick is also surprisingly aerobatic.

    If they're still at the BB gun stage you could try them with a 3 channel indoor slow flyer. Those are dirt cheap. $50 bucks complete.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  12. Re:What's the difference between a drone & R/C by HornWumpus · · Score: 4, Informative

    You can have a real time camera, as long as you operate it in line of sight.

    You can't operate it for profit. e.g. Aerial photography of real estate.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  13. Hypocrisy? by jklovanc · · Score: 2

    Is this the same place that was in an uproar about licensing drones all over the US? There are people who seem to think that anyone should be able to use drones except the government. Interesting dichotomy there.

  14. Re:What's the difference between a drone & R/C by jklovanc · · Score: 2

    I see it as a drone once it has autonomous functionality. Simple FPV (first person view) doesn't qualify in my book

    Is a Predator a drone? It is continually piloted from the ground.

  15. Re:Anything police can use should be restricted by HornWumpus · · Score: 2

    FAA regs specifically mention AMA rules. So yes, they are included in FAA regs.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  16. ESL? ETL? EFL more likely. by rueger · · Score: 3, Funny

    You know, even by Slashdot standards this summary is remarkably incoherent. And that's ignoring the waived/waved confusion.

    "he's posting his experience in trying to get certified by the FAA on GitHub so they can follow along."

    Likely his problem was that the FAA doesn't use Github for certification. They have their own computers and application forms and stuff.

  17. I favor drone regulation, here's why by davidwr · · Score: 3, Interesting

    Regulating the parts of the airspace routinely used in interstate commerce is the job of the Federal government.

    I don't know what the actual "airspace" that the feds claim jurisdiction over, but common sense would say it's anything at or within the safety margin of the lowest altitude a commercial aircraft flying from one state to another or flying in or out of the United States would routinely use over that spot, or the lowest altitude a military or other federal-government-owned aircraft would routinely use over that spot. In most areas the "FAA floor" should be a few thousand feet at the lowest (I suspect it's much lower, but I digress). For areas within a few hundred feet of runways, helipads, etc. this may be all the way to the ground (sorry kiddies, no radio-controlled toy airplanes for you without FCC approval).

    However, FAA regulations should be safety-oriented, not use-oriented.

    States should and do have the right to impose safety regulations below that height.

    Now, when it comes to radio transmissions, the FCC gets involved. They can and for all I know do impose rules that would prevent a ground-based kiddie-toy remote-control aircraft transmitter from interfering with other, higher-priority, licensed radio users including radios used by commercial aircraft.

    For aircraft which emit pollutants into the atmosphere, the feds also have the right to impose pollution controls.

    One other thing that can come under regulation is the actual purpose of the drone's use and the harm to society by allowing the drone to fly at all. I'm thinking noise pollution from low-flying drones and invasion-of-privacy issues from drones with cameras aimed at your backyard swimming pool or aimed at your windows. Most of this should come under state regulation, but things like flying near one state's border and photographing inside someone's window who lives across the border would reasonably come under Congress's purview, as would photographing into the backyard of a home located on a military base even if the drone were flying over private property with that landowner's consent.

    Now, would I favor my state banning camera-less or camera-turned-off drones flying over private property with the owner's consent, or flying so high and so quiet that they are not a nuisance but not so high that they interfere with interstate commerce? No, but I would expect my state to ensure the safety of such craft. Would I favor my state banning photography from a drone if the subjects of the photograph and/or their owners consented, and the photography wasn't creating a nuisance, safety, or other issue for anyone else? No.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:I favor drone regulation, here's why by John+Pfeiffer · · Score: 2

      There needs to be regulation, I agree. The problem is that what the FAA is doing currently makes no sense whatsoever.

      Lemme just address some of points and concerns you've brought up...

      If I'm not mistaken, full-size aircraft (For lack of a better term) are supposed to maintain an altitude higher than 1000' AGL unless on takeoff or approach. And RC craft can't fly higher than 400' AGL or within, I think it's 3 miles, of an airport or its approach corridor. (And general rule of thumb is if you can SEE any air traffic, don't put your model in the air.)

      The FCC doesn't really enter into it; as long as you're using your equipment in the manner intended and it's functioning properly, you should be in full compliance. I mean, these things are designed to operate in a specific range of the spectrum dictated by the various regulating bodies to avoid just that kind of overlap in the first place.

      The drones we're talking about are electric and about the only 'pollution' they're liable to produce is what'll happen to the battery after some redneck wings the thing with a load of birdshot. As for noise, depending on size, it tends to range from a low droning (Appropriately enough) to a higher-pitched buzzing... If it's a small quadcopter or the like and it's got a cowling around the props, that thing can be damn-near silent because a lot of what you hear is the clashing propwash.

      As for intent of use... Well, you could say the same thing about a gun. Or a screwdriver. We hold people responsible for what they do with things, we don't hold things responsible for what people might do with them. If someone does something illegal with an otherwise legal object, it means the person is in violation of the law, it doesn't mean the object needs to be regulated more strictly.

      Now, here's the big problems with the FAA regulations as they stand. For starters; There's no real definition for what a drone is. There's no provision for licensing this class of craft (These 'hobby drones'), or RC craft in general. And lastly, the big one... Because they left this big gaping hole in the regs, the second you accept money-- or really any kind of remuneration --for something you do with your RC craft, it's not longer a toy, and instead it falls into the same class as any commercial or military UAV.

      At that point, you're basically fucked because it's not actually possible to get 'legal'. It's not! I mean, for starters, you can't even get the craft legally licensed as a UAV if you wanted to, because unless you're accepting money to do a job with it, so they can bust your balls for operating an unlicensed UAV, they class it as a fucking toy!

      Head hurt? Blood starting to trickle from your ears and nose? That means you're paying attention.

      I have a quadcopter with a wingspan of about 8 inches. I have fitted it with a camera that shoots 720p video to a microSD card, as well as outputting 480p to a transmitter so I can get a first-person view. Fully loaded, I'd be flat-out astonished if it weighed a pound...even with all the velcro. Yet, if someone slipped me a tenner to do a 360 fly-around of their house for a real estate listing, the FAA would consider it as being a craft in the same class as a Predator-B or a Global Hawk.

      Regulation is good, but what we have right now isn't regulation... It's fucking madness. There's a gaping hole in the FAA regulations and it's being filled with rampant idiocy.

      Anyway, ranting aside... The obvious solution is simple: Either create a definition for these 'hobby drones' or 'micro drones' in the regulations so people can 'get legal'. (But that takes effort.) or simply stick with the current quasi-official guidelines (Under 5 pounds, fly under 400' AGL, etc.) class those craft as 'radio-controlled toys', and abolish the restriction on commercial use of them.

      The current 'hobby drone' guidelines give them enough cover with the weight restriction that they don't have to worry about some assholes trying to pass off something that just rolled out of a hangar at Raytheon as a 'toy craft' for unlicensed commercial use, and other shenanigans.

      --

      Friend: "The NIC is misconfigured..." Me: "No prob, I'll just telnet in and fix it." *Silence*
  18. Re:Is this a second amendment issue? by Kazoo+the+Clown · · Score: 2

    Mount a gun on your drone and the NRA will step in and make it legal...

  19. Re:Anything police can use should be restricted by grep+-v+'.*'+* · · Score: 3, Interesting

    It's illegal to fly an RC model for any kind of pay.

    That's what *I* thought, too. So why don't we take a page direct from the politicians: I fly for myself and take pics, and then give them to you because you ask. (Presumably I'd need to give them to all comers, but then again not Every Single Person I meet is my friend. So I don't see that saying "No" is that bad. A judge may disagree.)

    You, then, contribute to my fund (charitable, PAC, LLC, something) that I just happen to control. No no -- it's not MY money at all, it's the funds' money; I just happen to be the one in control of it. Or my friend is, whatever.

    Now, could the feds come in and take control and arrest me before, during, or after the fact? Yep, because the men with guns always win, especially if they have enough bullets.

    By the way, I think that's great: "I use it to troll 'real world' groups... Completely legal as I'm doing it for fun." But mightn't fun have consequences? Just because you're having fun doesn't mean everyone else is. Aren't you responsible if you hurt someone else? And if there's not some kind of ID (owner sticker, serial number, etc) on it, how are they to know who owns it? Do you walk up and say "Sorry about that" and claim ownership and responsibility? Or do you just write it off as perhaps a bad battery and disappear?

    Fun is by yourself or with friends, and perhaps with a few strangers accidentally nearby. Fun does not consist of ONLY strangers. Then again I'm an old fogie, so get off my lawn. And by the way: I'm practicing.

    --
    If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
  20. Without seeing the letter... by DerekLyons · · Score: 2

    Without seeing the letter, and knowing more about the context... this article amounts to nothing but flamebait. It's entirely possible that Professor Waite, being quite inexperienced, has violated one or more of the existing regulations and has mistaken that for 'repression'. Digging around the relevant websites fails to discover any evidence that's he actually done any work or research on said regulations, only that he's an advocate for their use in journalism.

  21. Re:Is this a second amendment issue? by dlingman · · Score: 2

    Perhaps it's not a weapon in the deadly sense

    Not deadly? Tell that to this guy. http://nypost.com/2013/09/05/man-decapitated-by-remote-controlled-toy-helicopter/

  22. Re:Anything police can use should be restricted by Spiked_Three · · Score: 2

    He is full of it. First off FAA grants 'Authority' to R/C UAS via voluntary suggestions, not regulations. (AC 91-57)

    You are correct AMA has ZERO legal standing or authority. They are at best an insurance company.

    The only thing that is now being questioned is whether or not the FAA followed proper administrative procedures when it designated commercial (paid) hobby flight as not covered by AC 91-57. The problem is the can of worms it opens, regardless of the ruling. Someone selling a hobby R/C airplane is engaged is business, are they not? Will the FAA go after all of them? Even though they only sell to non-commercial hobbyists? Not likely.

    --
    slashdot troll = you make a compelling argument I do not like the implications of.