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New Texas Drone Law

Discussion in 'Phantom 2 Vision + Discussion' started by Bateman233, Jun 3, 2014.

  1. Bateman233

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    This supposedly goes into place on Sunday:

    It is now a crime to use an “unmanned vehicle or aircraft” to take photos or videos of people or private property — with the goal of monitoring or conducting surveillance — without permission. This new law makes it a Class C misdemeanor, with a fine of up to $500, to photograph or video private property without the owner’s or occupant’s consent. Law enforcers would have exceptions, as long as they have a search warrant and are pursuing a suspect. “It is critical that we have safeguards in place to protect the privacy and property rights of Texans,” said Sen. Craig Estes, R-Wichita Falls. HB912


    I don't think this can be used to tell me to stop flying....Because my goal is not to monitor or conduct surveillance.

    Thoughts?
     
  2. Mal_PV2_Ireland

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    Think that's a big loophole alright.
     
  3. Dirty Bird

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    So when you get pulled over and the dash cam is running, or all those video cameras all over street corners? Interesting how government always exempts itself...
     
  4. semaj

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    It's 100% about "Intent"... Speaking for myself and the handful of Phantom pilots I know personally, not a single one of us fly with the "Intention" of surveillance... I can see how spying on a former/present girlfriend/boyfriend may be in someone's plans using these devices, but we ALL should be just fine... Unless you are one of those who does spy... This law is pretty much a way for Texas to cover it *** incase something bad happens...

    Just fly safe and do your best to be smart about where and how you are flying...

    We'll be fine...
     
  5. Michigan_PI

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    Using a UAV for surveillance is a no-no which any (professional) PI would already know. The class "C" misdemeanor is nothing compared to the civil suit to follow for violating someone's reasonable expectation of privacy.
    It "is" all about intent; however, it seems that citizens are no longer innocent until proven guilty with the burden of proof on the State. There seems to be a complete reversal.
     
  6. Birdman

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    I would think that to prove surveillance of some property, it would require the offender to be hovering and taking extended video or multiple photos. Just flying over property surely isn't surveillance. Otherwise, it would seem to be illegal to take photos from any aircraft.
     
  7. Flyer91

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    Actually old news, but ........ you'll still have to pay a ticket (or the coin to defend yourself against the charges) that any overzealous LEO might cite you for, when flying while (what is in 'his' opinion) "violating someone's reasonable expectation of privacy".

    In the new America is not about what you can do if your intent is pure.
    It's about making it more trouble to do what you want to do (but the government 'doesn't' want you to do) while the POS law maker that introduces a bill still has plausible deniability that he wasn't trying to phuck with your rights ........ when his term is over and he's up for re-election.

    More states will follow Texas' lead! :(
    At least this time it wasn't California ....... or any of the whack-jobs we historically send to D.C.
     
  8. kgarrison

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    You should read up on expectation of privacy. These days this only applies inside the confines of your house, not your property. With Google Maps planes flying overhead, there is no expectation of privacy just being in your backyard. What this law does is to provide for a fine to be levied for something that could previously only allow for a civil suite.
     
  9. Flyer91

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    And you might want to read the back story behind the Tx. law before you make such statements.

    On edit: Here's part of the back story.
    As it indicates, there 'is' an expectation of privacy, and laws are being adapted at local and state levels to attempt to ensure that.

    And, in the case of Texas ...... it's was officially supported by DJI.
    At the time they actually helped in the negotiations defining the Tx. law .... admittedly as the lesser of evils.
    Watch the whole viddy .......

    https://www.youtube.com/watch?v=-xHckL46EMY
     
  10. Dirty Bird

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    Hmmm...maybe someone needs to tell the NSA...
     
  11. Flyer91

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    Someone did.
    His name is Eddie Snowden and it causes both a national and international outrage/embarrassment, that has (at least for now) prompted the white house and NSA to re-set, 5 yards, play the down again. ;)

    Besides ...... you and I are not the NSA.
    And NSA isn't trying to take viddys of your wife sunbathing out by your backyard pool.
    Only the TSA does that. :lol: