Drone Camera Tornado Coverage Raises Press Freedom Questions
retroworks (652802) writes "In the latest tornado and storm tragedy to hit the U.S.'s south and midwest, small drone cameras steered by storm-tracker and videographer Brian Emfinger gathered stunning bird's-eye footage of the wreckage. Forbes magazine covers the [paywalled] Arkansas Democrat-Gazette's speculation that Emfinger has violated FAA rules which prohibit commercial use of small drones. The laws, designed years ago to restrict hobbyists use of model airplanes, may conflict with U.S. First Amendment free press use. So far, nothing in the article says that the FAA is enforcing the rule on the media outlets that may pay Emfinger for his video coverage, but interest in the footage will probably create a business economy for future commercial drone use if the FAA does not act."
The difference between taking a video with a drone and posting it on youtube, and a reporter taking a video and showing in a news report is essentially zero.
News helicopters have to follow FAA rules.
The drone could have done if it crashed while filming a tornado. The deviation would be catastrophic
Has any storm chaser captured video when deliberately flying a drone INTO a tornado? Now that would be a sight t see!
I am Slashdot. Are you Slashdot as well?
They don't want to pay him for the footage & don't want others to have the footage.
Champions of Freedom and the 1A, right there.
When the government starts obeying the many laws that they ignore, then we will. Until then, we do not recognize any such laws.
This makes no sense.
Yes, the press has freedom, which means they can't be restricted by government in what they report.
They do not, however, have carte blanche to ignore laws and safety regulations.
Being told you're not allowed to operate a drone for commercial purposes doesn't mean your press freedom is being restricted. It means you cannot operate a drone for commercial purposes due to safety regulations.
Has America completely lost its grasp of the difference between what you're "free" to do, and what is (and should be) regulated?
I keep hearing conservatives whine about how their freedom of speech is being infringed because there are consequences to the shit they say.
Freedom of speech doesn't mean freedom from consequences. You're free to say it, but if the customers basically say "we're not buying your product" they're not cutting of your free speech, they're exercising yours. (Especially (mo|i)ronic since the conservatives are the first to call for boycotts and shouting down people who disagree with them.)
The press bitching they can't do illegal things in the pursuit of news (which these days is whatever is most salacious to get ratings) is the same thing -- your press freedom doesn't supercede laws. You also can't commit murder, break traffic laws, kidnap, of commit a break and enter.
Government agencies and law enforcement use drones, so we will too. If they start putting weapons on them, then the people will also. If you don't like it, then you shouldn't be doing it to the people.
speculation that Emfinger has violated FAA rules which prohibit commercial use of small drones. The laws, designed years ago to restrict hobbyists use of model airplanes, may conflict with U.S. First Amendment free press use.
There is a pretty obvious difference between the right of press freedom and commercial use of drones; the commercial part. If the drone operator is getting paid, or under contract, or in any other compensatory relationship with the publisher, it is commercial use of a drone. If he is a hobbyist who happens to catch some interesting footage and lets the news media use it for free, it is non-commercial use. Commercial operation of drones is prohibited. The press is free to report on the footage, and free to display it if they can do so without violating commercial drone operation regulations.
It strikes me the same as attempts to conflate advertising and commercial lobbying with free speech. Compulsory speech -- speech which you are obligated to make under the terms of a business relationship -- is not free speech. Trade is not protected speech. You have a natural right to express your views, but you do not have a natural right to pay others on the condition that they say what you tell them to say.
Stop-Prism.org: Opt Out of Surveillance
A judge invalidated the law not too long ago so there is no legal issue. http://www.theverge.com/2014/3/6/5479582/judge-rules-commercial-drones-are-legal-undoing-six-year-ban
I'm fairly certain there was already a Federal ruling on using drones for commercial purposes and the FAA lost. Maybe somebody can find the source..
(show &) tell us about the plane crash (etc...) with a gleam in it's eye http://www.youtube.com/results?search_query=weather+manipulation+media+wmd+cabal history disappears daily now
from private pilots operating small planes and helicopters as drones are stealing their "business" opportunities...
Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
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Only when this case makes it to the Supreme Court will we know whether drone usage in these types of cases are legal. Until then, there will be lots of discussion.
or the law of rules. In those halcyon days of old, when a new tech came along, the government rightfully ignored it. When the tech started to cause problems or started to make serious money they would step in and make sure that the interest of the 'people' were regulated. Now we have tons of unregulated business models and fewer unregulated personal freedoms.
Please forgive my ignorance, but the laws governing RC aircraft basically consist of a flight ceiling and line-of-sight requirement, right? I.e., 'keep the thing below X feet and make sure you can see it?'
Presuming that's the case, and knowing that there are crap-tons of fire towers in the region, do you think it would be legal to stand atop one of the (normally 60-100 feet tall in this part of the world) and pilot the craft from there? You'd have a helluva sight range that way.
An enigma, wrapped in a riddle, shrouded in bacon and cheese
Many rules are ignored / not enforced in disaster areas. This can go both ways - for example, your freedom of movement may be blocked by police enforcing evacuations, but the people looking for survivors generally don't worry much about one way streets or the laws of trespass. (And, yes, this certainly includes commercial activities, such as insurance adjusters.)
My guess is that the FAA will ignore this, as long as it doesn't cause problems or get egregious.
I fail to see the issue.
People have a very strange def of freedom of speech, which was originally intended to allow printed press to be delivered with out consequence or government oversight. The inability to legally fly drones does not prevent you from capturing footage by the commonly use news helicopters or placing your camera on a boom and pushing it over a fence.
This is like saying trespassing laws violate freedom of speech or maybe locks. I mean those pesky locks. What about all those barricades on military bases. Lets faces it nothing in our government provides you unlimited access to any place just because your curious. On the other hand its almost impossible to punish you for reporting on your random thoughts on what is behind those closed doors.
Momento Mori
The difference between you catching a fish and cooking it for dinner, and a commercial trawler catching the fish and selling it to a supermarket works out about the same way. Around here (for Pacific salmon at certain times), sport fishing is legal, commercial fishing is not.
The difference between you picking some wildflowers in a hiking park and putting them in your hair, and some corporation sending squads of migrant laborers to pick all the flowers in the park and sell them to florists... same thing.
Videotape a movie from television and watch it again later, or even give a copy to a friend: ok at least morally, by Slashdot standards. Rebroadcast it on your own commercial TV station with ads that you've sold: hello lawsuit.
Micropower noncommercial FM broadcasting: OK some of the time, depending on which way the wind is blowing. Sell ads: need FCC license and spectrum allocation.
Fucking glibertarians, it really does make a difference why you do something. Activities which are benign if done occasionally but destructive if done on large scale, and for which there isn't much motivation other than profit for doing at scale, can be handled most non-interferingly(?) by eliminating the profit potential and saying it's ok to do it for personal use only. Some hobbyist flying a drone around isn't likely to interfere with aviation or cause massive privacy invasion. Millions of corporate and government drones: not so much. Forget news media: are you ready for a Google drone over your neighborhood 24/7?
Simplest way to handle the "free speech" issue might be just declare any broadcasts of drone video by news media to be in the public domain immediately. Eliminating the copyright would kill a lot of the commercial value, while leaving it possible to broadcast stuff that's newsworthy.
Yes there should be restrictions, and it really doesn't matter anyway since few press outlets bother to report anything of significance, they peddle government propaganda and whatever else can make them money or gain them ratings, it is a corporation and just as corrupt as government/politicians.
Yes this argument gets brought up time and time again with press and media, what should be restricted if anything and what shouldn't be. Because it has somehow influenced society towards committing evil acts.
But they've been pushing things too far, in my city alone their are lawsuits pending against news stations for live 'chopper' broadcasts of car accidents, the reason being the families were watching and knew the vehicle, as well as watching their kin being hauled into an ambulance, blooded, mangled or dead. They showed bloated dead bodies from hurricane Katrina live or made up fake rescues to show they have a moral compass. I am sure it is the same as it was back the early days of the country, showing pictures of Bonnie and Clyde full of bullet holes, or the Valentines massacre, or the Civil war, or any war for that matter.
While there is a First Amendment issue here, the government almost certainly wins.
Time, place, and manner restrictions on first amendment activity are usually Constitutional so long as there is some rational basis for them. A reasonable time, place, and manner restriction with a public safety rationale would almost *never* be struck down.
If I follow a woman around and snap pictures of her through her windows, I'm a stalker. If she's in the public eye for *whatever* reason and I tell the cop I'm going to sell the pics to the Enquirer, that makes it OK. No one would have a problem using drones to survey farmland, but what happens when there's a network of drones in the air tracking the movements of every citizen and that database is sold to the the government?
This is something we need to get worked out quickly before the abuses start.
I swear to God...I swear to God! That is NOT how you treat your human!
They do not, however, have carte blanche to ignore laws and safety regulations.
How is it a "safety regulation" if I can do the same exact thing with a small UAV and it is legal as long as I am not getting paid in some way?
became a reporter or was selling his video footage to news outlets, he might be able to resume looking for buried earthquake survivors with his drones.
Fundamental conflict between safety and reporting here.
I think reporting is going to lose but maybe we'll end up with reasonable altitude and geographical limits* on drones instead.
* i.e. under 250' and not within a few miles of active airports or heliports.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
Where I live (Canada) its legal (AFAIK) to operate a small drone for commercial purposes so long as 1) it is not operated within 1/2 mile of any airport, 2) it does not go above 500 feet (and even in countries that use metric, aviation altitude worldwide is measured in feet), 3) a few other restrictions w.r.t. schools, hospitals, power lines, range, noise, police stations, military installations, etc. Example: Two guys set up a small business mounting a Cannon SLR camera (I think maybe a Rebel Pro), onto a 6 rotor 'copter. They take it to local farmers and offer aerial views of their farm house for $50. Likewise they are offering (stunning HD) video for hotels and resorts (but more in the $2500-5000 range). They are busy. Apparently the laws in the US are different, and so these two are limited to just little Canada.
Flying anything has nothing to do with freedom of the press/speech. Neither does driving a car. If a reporter gets pulled over for DUI while reporting on a story and is taken into custody, it in no way infringes their 1st amendment rights, it doesn't exempt you from the law.
What I don't understand is why they don't just get licences or clearance to fly the things like they have for their helicopters? Then they comply with the regulations and there's no issue. Seem to me that a bunch of reporting, like traffic, would be much safer, and cheaper using drones rather than helicopters.
If it's an issue with the FAA being hesitant about drones (which they seem to be) then that should be taken to court and resolved and the regulations ironed out. It doesn't really seem like is should be as big as a deal as it is. Theres just too much association with the word 'Drone' and shooting missiles at terrorists, or spying.
I think you can see http://www.kodakdentalsensorrepair.com/1.html
Eliminating the copyright would kill a lot of the commercial value, while leaving it possible to broadcast stuff that's newsworthy.
But ... but, that doesn't leave any way for wealthy people to use their wealth to get more wealthy. I'm terribly opposed to inconveniencing wealthy people for the mere purpose of protecting the rights of peons.
"It's interesting when people die, give us dirty laundry."
This is why I'm never too thrilled about all the 'storm hunters' late spring brings out to my state - it's all about getting lucrative footage and an adrenaline rush (some offer vacation packages, FFS). Precious few of them and their families live in harms way from tornadoes; to them, it's just a cool vacation where they occasionally have to drive around and past the remains of the natives. They only stop long enough to film the carnage and death, and then bug out, following the funnels. Pricks.
They allow law enforcement to use drones, and to arm them, so we are doing it too. Any tool or weapon law enforcement can use, we are also going to have and use, so too fucking bad FAA.
No. Drone does not imply autonomous flight.
This has mouthing to do with the FAA! Thanks to the NTSB who said so!
I think if commercial use were allowed, the number of drones buzzing around would skyrocket. Every event, from sports to news, would have a dozen different drones flying around looking for that perfect shot. That presents the safety concerns. Some of these quadcopters aren't exactly small and could hurt a few folks if dropped into a crowd.
Although I'm sure it's really just a money issue at the heart of it. There should just be a mechanism to register drones for flights just like they do with helicopters, blimps, etc. I think some of the footage you could get from them would be really cool to see on the news.
Somehow I feel that if I am in the grip of a class VI tornado that the very last thing that would concern me is a film of me being shredded like wood thrown into a wood chipper. Matter of fact if I happened to survive such a storm maybe a drone might find me and rescue me.
They're saying that airspace is what's consumed.
good idea! eliminating profit I mean. let's give it a try?