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FAA Scans the Internet For Drone Users; Sends Cease and Desist Letters

Posted by timothy on from the and-now-you're-safe dept.

An anonymous reader writes with this news from Government Attic: "The FAA has released a set of cease and desist letters sent in 2012 and 2013 to people operating drone vehicles for a variety of purposes including: tornado research, inspecting gas well stacks, aerial photography, journalism education, and other purposes. Drone cease and desist letters sent during 2014 are available from the FAA upon request." The text of the letters (bureaucratically polite, but bureaucratically firm) often starts with notes indicating to the UAV operators to whom they were sent that the FAA became interested in them because it "became aware of" their web sites, or even because someone tipped them off about an article in a community newsletter. The letters go on to outline the conditions under which the FAA allows the operation of unmanned aircraft, and specifically notes: Those who use UAS only for recreational enjoyment, operate in accordance with Advisory circular 91-57. This generally applies to operations in remotely populated areas away from airports, persons and buildings, below 400 feet Above Ground Level, and within visual line of sight. On February 6, 2007 the FAA published UAS guidance in the Federal Register, 14 CPR Part 91 / Docket No. FAA-2006-25714 I Unmanned Aircraft Operations in the National Airspace System. Toward the end of the docket it says, ''The FAA recognizes that people and companies other than modelers might be flying UAS with the mistaken understanding that they are legally operating under the authority of AC 91-57. AC 91-57 only applies to modelers, and thus specifically excludes Its use by persons or companies for business purposes." Update: 09/07 02:16 GMT by T : Pray forgive the OCR that turned "persons" into "pecions" and "circular" into "arcular"; updated to fix those. Update: 09/08 11:07 GMT by T : Correction: Carl Malamud is not affiliated with Government Attic as this story originally described: sorry for the error.

6 of 222 comments (clear)

  1. Responsible Agency Enforcing Law by Anonymous Coward · · Score: 2, Informative

    What, exactly, is controversial about this? The FAA is responsible for the safety of aviation, and a lot of corporations are deliberately, flagrantly breaking the law. Sounds like a good idea that the FAA enforce the law.

  2. Re:I understand the FAA's position... by jklovanc · · Score: 3, Informative

    On the other hand, (if my understanding is correct), military and law enforcement agencies are free to fly UAV's whenever and wherever they please.

    That is not true. The FAA issues a certificate of authorization for valid use of drones. Here is a map of authorized drone use in the US. Click on the dots and you will see that their areas of operation are quite restricted. The issue is that commercial aircraft require a COA and the FAA has yet to certify drones for commercial use.

  3. don't kid yourself what this is about by silfen · · Score: 4, Informative

    This isn't about the FAA protecting you from drone flights. Right now, you're well protected from drone flights over your private land because the airspace over your land is yours, up to the lower limit of flight space, generally 500-1000ft above the tallest structures.

    With these actions, the FAA is effectively trying to gain the power to regulate airspace that previously was either entirely private (over private land) or entirely public (over public land).

    In part, that will likely mean actually allowing commercial drone operators to fly over your land at heights where they currently can't fly. Whether that's their intent right now or not doesn't matter; lobbying down the road will force that to happen. So, far from protecting you from drones, this is likely a prelude to be able to force you to let drones pass at low altitude over your property.

    1. Re:don't kid yourself what this is about by FlyHelicopters · · Score: 5, Informative

      Right now, you're well protected from drone flights over your private land because the airspace over your land is yours, up to the lower limit of flight space, generally 500-1000ft above the tallest structures.

      That actually isn't true...

      Few properties actually own any "air rights". They exist, but are less common than you think. Also, most "air rights" have more to do with the blocking of the view from other properties, than they have to do with aviation or flying.

      There is no "lower limit" of flight space, Class B, C, D, E or G airspace goes all the way to the ground, everywhere in the USA.

      Where I live, we're in the DFW Class B airspace, starting from 1 foot going up to 10,000 feet MSL (above Mean Sea Level).

      Now, that being said, that doesn't mean you're breaking the law standing on your roof, or putting up a TV antenna... such things are understood by the law to be reasonable uses of your home and property.

      You cannot generally put up anything taller than 200ft without a permit (and if you do, they'll make you take it down if it can't be permitted). It also has to be lit with a flashing red light at night and marked on the various aviation charts.

      This is why Cinderella's Castle at Walt Disney World is just under 200ft tall, so they didn't have to put a big red light on the top.

      - more than 10 years of professional aviation experience speaking, certified flight instructor in both airplanes and helicopters, more than 4,000 hours flown, more than 1,000 hours of instruction given

      TL,DR - In short, most people think they have more rights than they really do when it comes to their properties, above and below them...

  4. Re:Pecions? by sumdumass · · Score: 4, Informative

    As a native English speaker, albeit a product of public schools, I suffer the same difficulty as you do in regards to this word.

    Perhaps the FAA made a mistake and intended to write peons.

  5. A Federal Judge Ruled FAA Has No Authority by Jane+Q.+Public · · Score: 5, Informative

    Just this year, a Federal judge ruled that the FAA has no authority to regulate drones outside of navigable airways. (Which are clearly specified on aviation charts.)

    It doesn't matter whether the use is commercial.

    The FAA has appealed the ruling, but since the judge appears to have ruled on solid Constitutional grounds, I doubt very much they'll win the appeal.

    It's just a fact: FAA doesn't have jurisdiction over everything in the air. All of their authority is based on the Federal ability to regulate manned interstate airplane flight.