BooHoo.. After reading this I want one that hovers over a house for days. 
http://www.dallasnews.com/news/politics ... -house.ece
http://www.dallasnews.com/news/politics ... -house.ece
New Texas Laws
- Thread starter mercillus
- Start date
Wow, that's a big hit right there. If you fly your phantom anywhere else except your own property (Maybe just Texas)with video the potential to get a serious violation is a possibility. Post the images or video on youtube just to document your flight and it jumps up to a class B misdemeanor. This changes the game for me. I flew at the Downtown Dallas park last week and didn't have permission to do it. Anyone of the people in the park could call the police and say that I was trying to watch them and that's game over. This 1000 dollar investment just turned sour.
mercillus said:BooHoo.. After reading this I want one that hovers over a house for days.
http://www.dallasnews.com/news/politics ... -house.ece
Maybe I didn't read the article carefully enough, but it didn't seem to talk about whether the law only applies only to drones directly over a house, or if it means anywhere in the airspace around a residence. If it could apply to someone flying at a legal altitude taking a panorama of the countywide, then that is chilling.
You know, there is a class of people who will spot a turkey vulture and call the police to complain about a drone that they are ready to swear on their Mother's grave was hovering ten feet outside their bathroom window shooting video of them taking as shower. :roll:
I took it as if you don't own the land and or you don't have permission to fly there then people affected by the video or the person who does own the land can call the police an arrest you under the class A misdemeanor. Also if you post this online and someone see's where you didn't have the right to be taking the video then they can track you down and pursue charges against you. I'm seriously considering taking down my Downtown Dallas Klyde Warren Park vid on facebook as I didn't have permission from the city of Dallas to take that video. It's a public area but I think the key is I didn't have permission to be flying my "drone" there and shooting video. Hundreds of people in my video and believe it or not, some people expressed that they didn't really like being video'd by my camera.
freelanceshots said:
As I read your thoughts I ask myself. What about video'ing a party at the park and putting it on FB? No drone involved. Just old school video camera.. People do it daily. So in public areas Im going to think its going to open up a larger can O worms if its thought that we cant take pics or video in public anymore. Not sure what the diff is if your grounded or 100 feet over head.
The key here is private property. Take the drone out of it. If you are on my property and you pull out a camera and I say "stop" you have to stop. Why should that be any different from the air? I think in the long run this actually helps protect our rights in terms of flying in public areas. It recognizes that what happens from a UAV is similar to what happens from a tripod mounted camera and treats them the same. I say "kudos."
just fly without camera .. camera doesnt need to be on every flight does it??? I enjoy flying the phantom i dont always need to document it, I personally do not fly it with a camera attached in my neighborghood or other "public places" that in my mind is inappropriate...
Common sense goes a long ways, also prevents more laws from being passed that takes away our freedoms. :idea:
Common sense goes a long ways, also prevents more laws from being passed that takes away our freedoms. :idea:
It the law qualified with actually recording? or is even looking illegal? (How is FPV flying impacted?)
Im not real good at reading this stuff but I found the submission.. Someone who enjoys reading this mumbo jumbo please dig through it and break it down..
83R1390 JSC-F
By: Gooden H.B. No. 912
A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Privacy Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:
CHAPTER 423. USE OF UNMANNED VEHICLES AND AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property or an individual located on that property.
Sec. 423.002. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that the image was captured:
(1) pursuant to a valid search or arrest warrant;
(2) by a law enforcement authority in immediate pursuit of a person law enforcement officers have probable cause to suspect has committed a felony;
(3) for the purpose of fire suppression or rescuing a person whose life is in imminent danger;
(4) of real property or a person on real property that is within 25 miles of the United States border for the sole purpose of enforcing border laws;
(5) without magnification or other enhancement from no more than six feet above ground level in a public place; or
(6) of public real property or a person on that property.
Sec. 423.003. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person possesses, discloses, displays, distributes, or otherwise uses an image:
(1) that was captured in violation of Section 423.002; or
(2) for any purpose other than a purpose for which there is a defense to prosecution under Section 423.002.
(b) An offense under this section for the possession of an image is a Class C misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.002.
Sec. 423.004. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.002, or an image captured by an unmanned vehicle or aircraft that was incidental to the capturing of an image for a purpose for which there is a defense to prosecution under Section 423.002:
(1) may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter, and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Sec. 423.005. CIVIL ACTION. (a) A person who is, or a person who owns or legally occupies real property that is, the subject of an image captured, possessed, disclosed, displayed, distributed, or otherwise used in violation of this chapter may bring an action to:
(1) enjoin a violation or threatened violation of Section 423.002 or 423.003; and
(2) recover a civil penalty.
(b) If it is found in a civil action that a person has violated Section 423.002 or 423.003, the person is liable for:
(1) a civil penalty of $1,000, subject to adjustment of the dollar amount under Section 423.006, for each image of the plaintiff or of the real property owned or legally occupied by the plaintiff that is captured, possessed, disclosed, displayed, distributed, or otherwise used; and
(2) court costs and reasonable attorney's fees incurred by the plaintiff.
Sec. 423.006. ADJUSTMENT OF AMOUNT OF CIVIL PENALTY. (a) The consumer credit commissioner shall annually compute and publish the dollar amount instead of that specified by Section 423.005(b)(1) to reflect inflation.
(b) In making the computation under Subsection (a), the consumer credit commissioner shall consider the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers and may consider another index adopted by rule of the Finance Commission of Texas.
(c) The consumer credit commissioner shall use 2013 as the base year and adjust the dollar amounts, effective on July 1 of each year.
(d) The consumer credit commissioner shall make available to the public information regarding adjustments made under this section.
SECTION 3. This Act takes effect September 1, 2013.
83R1390 JSC-F
By: Gooden H.B. No. 912
A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Privacy Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:
CHAPTER 423. USE OF UNMANNED VEHICLES AND AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property or an individual located on that property.
Sec. 423.002. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is a defense to prosecution under this section that the image was captured:
(1) pursuant to a valid search or arrest warrant;
(2) by a law enforcement authority in immediate pursuit of a person law enforcement officers have probable cause to suspect has committed a felony;
(3) for the purpose of fire suppression or rescuing a person whose life is in imminent danger;
(4) of real property or a person on real property that is within 25 miles of the United States border for the sole purpose of enforcing border laws;
(5) without magnification or other enhancement from no more than six feet above ground level in a public place; or
(6) of public real property or a person on that property.
Sec. 423.003. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person possesses, discloses, displays, distributes, or otherwise uses an image:
(1) that was captured in violation of Section 423.002; or
(2) for any purpose other than a purpose for which there is a defense to prosecution under Section 423.002.
(b) An offense under this section for the possession of an image is a Class C misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.002.
Sec. 423.004. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.002, or an image captured by an unmanned vehicle or aircraft that was incidental to the capturing of an image for a purpose for which there is a defense to prosecution under Section 423.002:
(1) may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter, and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Sec. 423.005. CIVIL ACTION. (a) A person who is, or a person who owns or legally occupies real property that is, the subject of an image captured, possessed, disclosed, displayed, distributed, or otherwise used in violation of this chapter may bring an action to:
(1) enjoin a violation or threatened violation of Section 423.002 or 423.003; and
(2) recover a civil penalty.
(b) If it is found in a civil action that a person has violated Section 423.002 or 423.003, the person is liable for:
(1) a civil penalty of $1,000, subject to adjustment of the dollar amount under Section 423.006, for each image of the plaintiff or of the real property owned or legally occupied by the plaintiff that is captured, possessed, disclosed, displayed, distributed, or otherwise used; and
(2) court costs and reasonable attorney's fees incurred by the plaintiff.
Sec. 423.006. ADJUSTMENT OF AMOUNT OF CIVIL PENALTY. (a) The consumer credit commissioner shall annually compute and publish the dollar amount instead of that specified by Section 423.005(b)(1) to reflect inflation.
(b) In making the computation under Subsection (a), the consumer credit commissioner shall consider the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers and may consider another index adopted by rule of the Finance Commission of Texas.
(c) The consumer credit commissioner shall use 2013 as the base year and adjust the dollar amounts, effective on July 1 of each year.
(d) The consumer credit commissioner shall make available to the public information regarding adjustments made under this section.
SECTION 3. This Act takes effect September 1, 2013.
House Committee report
By: Gooden, Riddle, Burnam, Fallon, H.B. No. 912
Stickland, et al.
Substitute the following for H.B. No. 912:
By: Herrero C.S.H.B. No. 912
A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and unmanned aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Privacy Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:
CHAPTER 423. USE OF UNMANNED VEHICLES AND UNMANNED AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property or an individual located on that property.
Sec. 423.002. NONAPPLICABILITY. This chapter does not apply to an image of real property or an individual on real property located in this state that is captured by an unmanned vehicle or unmanned aircraft operated in this state:
(1) for purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by Section 61.003, Education Code, including a person who:
(A) is a professor, employee, or student of the institution; or
(B) is under contract with or otherwise acting under the direction or on behalf of the institution; or
(2) airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace; or
(3) an operation, exercise, or mission of any branch of the United States military.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses or authorizes the use of an unmanned vehicle or unmanned aircraft to capture an image of an individual or real property with the intent to monitor or conduct surveillance on the individual or the real property captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is an exception to the application of this section that the image was captured:
(1) with the consent of the individual captured in the image and the individual who owns or lawfully occupies the real property captured in the image;
(2) pursuant to a valid search or arrest warrant;
(3) by a law enforcement authority:
(A) in immediate pursuit of a person law enforcement officers have probable cause to suspect has committed a felony;
(B) for the purpose of documenting a crime scene where a felony has been committed;
(C) for the purpose of investigating the scene of a human fatality or suspected human fatality;
(D) in connection with the search for a missing person; or
(E) for the purpose of resolving a hostage situation;
(4) by state authorities for the purpose of:
(A) surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared; or
(B) preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency;
(5) at the scene of a spill, or a suspected spill, of hazardous materials;
(6) for the purpose of fire suppression;
(7) for the purpose of rescuing a person whose life or well-being is in imminent danger;
(8) by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;
(9) of real property or a person on real property that is within 25 miles of the United States border;
(10) from a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;
(11) of public real property or a person on that property; or
(12) with an optical resolution no greater than 40 inches per pixel.
(d) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person possesses, discloses, displays, distributes, or otherwise uses an image that was captured in violation of Section 423.003.
(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.003, or an image captured by an unmanned vehicle or unmanned aircraft that was incidental to the lawful capturing of an image:
(1) may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Sec. 423.006. CIVIL ACTION. (a) An individual who is, or an individual who owns or legally occupies real property that is, the subject of an image captured, possessed, disclosed, displayed, distributed, or otherwise used in violation of this chapter may bring an action to:
(1) enjoin a violation or imminent violation of Section 423.003 or 423.004; and
(2) recover a civil penalty in accordance with Subsections (b) and (c).
(b) A person who violates Section 423.003 or 423.004 is liable for a civil penalty totaling not more than $3,000 for each still image or $300 for each second of a moving image, regardless of the number of violations with respect to that still image or moving image or the number of individuals or properties captured in the still image or moving image.
(c) A single plaintiff may not recover more than $1,000 for each still image or more than $100 for each second of a moving image of the plaintiff or the real property owned or legally occupied by the plaintiff, and may not recover more than a total of $50,000 for all still images and moving images of the plaintiff and the real property owned or legally occupied by the plaintiff captured in a single occurrence.
(d) In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section alleging a violation of Section 423.003 must be commenced within two years from the date the image was captured in violation of that section. An action brought under this section alleging a violation of Section 423.004 must be commenced within two years from the date the image was first possessed, disclosed, displayed, distributed, or otherwise used in violation of that section.
SECTION 3. The change in law made by this Act applies only to the capture, possession, disclosure, display, distribution, or other use of an image that occurs on or after the effective date of this Act.
SECTION 4. The provisions of this Act or the applications of those provisions are severable as provided by Section 311.032(c), Government Code.
SECTION 5. This Act takes effect September 1, 2013.
By: Gooden, Riddle, Burnam, Fallon, H.B. No. 912
Stickland, et al.
Substitute the following for H.B. No. 912:
By: Herrero C.S.H.B. No. 912
A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and unmanned aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Privacy Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:
CHAPTER 423. USE OF UNMANNED VEHICLES AND UNMANNED AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property or an individual located on that property.
Sec. 423.002. NONAPPLICABILITY. This chapter does not apply to an image of real property or an individual on real property located in this state that is captured by an unmanned vehicle or unmanned aircraft operated in this state:
(1) for purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by Section 61.003, Education Code, including a person who:
(A) is a professor, employee, or student of the institution; or
(B) is under contract with or otherwise acting under the direction or on behalf of the institution; or
(2) airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace; or
(3) an operation, exercise, or mission of any branch of the United States military.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses or authorizes the use of an unmanned vehicle or unmanned aircraft to capture an image of an individual or real property with the intent to monitor or conduct surveillance on the individual or the real property captured in the image.
(b) An offense under this section is a Class C misdemeanor.
(c) It is an exception to the application of this section that the image was captured:
(1) with the consent of the individual captured in the image and the individual who owns or lawfully occupies the real property captured in the image;
(2) pursuant to a valid search or arrest warrant;
(3) by a law enforcement authority:
(A) in immediate pursuit of a person law enforcement officers have probable cause to suspect has committed a felony;
(B) for the purpose of documenting a crime scene where a felony has been committed;
(C) for the purpose of investigating the scene of a human fatality or suspected human fatality;
(D) in connection with the search for a missing person; or
(E) for the purpose of resolving a hostage situation;
(4) by state authorities for the purpose of:
(A) surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared; or
(B) preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency;
(5) at the scene of a spill, or a suspected spill, of hazardous materials;
(6) for the purpose of fire suppression;
(7) for the purpose of rescuing a person whose life or well-being is in imminent danger;
(8) by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;
(9) of real property or a person on real property that is within 25 miles of the United States border;
(10) from a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;
(11) of public real property or a person on that property; or
(12) with an optical resolution no greater than 40 inches per pixel.
(d) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person possesses, discloses, displays, distributes, or otherwise uses an image that was captured in violation of Section 423.003.
(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.003, or an image captured by an unmanned vehicle or unmanned aircraft that was incidental to the lawful capturing of an image:
(1) may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Sec. 423.006. CIVIL ACTION. (a) An individual who is, or an individual who owns or legally occupies real property that is, the subject of an image captured, possessed, disclosed, displayed, distributed, or otherwise used in violation of this chapter may bring an action to:
(1) enjoin a violation or imminent violation of Section 423.003 or 423.004; and
(2) recover a civil penalty in accordance with Subsections (b) and (c).
(b) A person who violates Section 423.003 or 423.004 is liable for a civil penalty totaling not more than $3,000 for each still image or $300 for each second of a moving image, regardless of the number of violations with respect to that still image or moving image or the number of individuals or properties captured in the still image or moving image.
(c) A single plaintiff may not recover more than $1,000 for each still image or more than $100 for each second of a moving image of the plaintiff or the real property owned or legally occupied by the plaintiff, and may not recover more than a total of $50,000 for all still images and moving images of the plaintiff and the real property owned or legally occupied by the plaintiff captured in a single occurrence.
(d) In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section alleging a violation of Section 423.003 must be commenced within two years from the date the image was captured in violation of that section. An action brought under this section alleging a violation of Section 423.004 must be commenced within two years from the date the image was first possessed, disclosed, displayed, distributed, or otherwise used in violation of that section.
SECTION 3. The change in law made by this Act applies only to the capture, possession, disclosure, display, distribution, or other use of an image that occurs on or after the effective date of this Act.
SECTION 4. The provisions of this Act or the applications of those provisions are severable as provided by Section 311.032(c), Government Code.
SECTION 5. This Act takes effect September 1, 2013.
Senate Committee Report
By: Gooden, et al. (Senate Sponsor - Estes) H.B. No. 912
(In the Senate - Received from the House May 10, 2013; May 10, 2013, read first time and referred to Committee on Agriculture, Rural Affairs, and Homeland Security; May 15, 2013, reported favorably by the following vote: Yeas 3, Nays 1; May 15, 2013, sent to printer.)
COMMITTEE VOTE
Yea Nay Absent PNV
Estes X
Uresti X
Hegar X
Hinojosa X
Schwertner X
(THIS PART SHOWS 3 Yea, 1 NAY , 1 Absent)
A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and unmanned aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Privacy Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:
CHAPTER 423. USE OF UNMANNED VEHICLES AND UNMANNED AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property.
Sec. 423.002. NONAPPLICABILITY. This chapter does not apply to an image of real property or an individual on real property located in this state that is captured by an unmanned vehicle or unmanned aircraft operated in this state:
(1) for purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by Section 61.003, Education Code, including a person who:
(A) is a professor, employee, or student of the institution; or
(B) is under contract with or otherwise acting under the direction or on behalf of the institution;
(2) in airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace;
(3) as part of an operation, exercise, or mission of any branch of the United States military;
(4) if the image is taken by a satellite for the purpose of mapping;
(5) by a manufacturer or distributor of the unmanned vehicle or unmanned aircraft in connection with the development, manufacture, testing, or research of the vehicle or the aircraft;
(6) by a manufacturer or distributor incidental to the activities authorized under Subdivision (5) and the manufacturer or distributor discloses the image voluntarily to law enforcement because the manufacturer or distributor reasonably believes the image shows the commission of an offense; or
(7) by or for an electric or natural gas utility:
(A) for operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;
(B) for inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities;
(C) for assessing vegetation growth for the purpose of maintaining clearances on utility easements; and
(D) for utility facility routing and siting for the purpose of providing utility service.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned vehicle or unmanned aircraft to capture an image of:
(1) an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image; or
(2) real property in this state, on which a primary or secondary school or a licensed child-care facility is operated or an individual located on that property, with the intent to conduct surveillance.
(b) An offense under this section is a Class C misdemeanor.
(c) It is an exception to the application of this section that the image was captured:
(1) with the consent of the individual captured in the image and the individual who owns or lawfully occupies the real property captured in the image;
(2) pursuant to a valid search or arrest warrant;
(3) by a law enforcement authority or a person who is under contract with or otherwise acting under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of a person law enforcement officers have probable cause to suspect has committed a felony;
(B) for the purpose of documenting a crime scene where a felony has been committed;
(C) for the purpose of investigating the scene of a human fatality or suspected human fatality;
(D) in connection with the search for a missing person; or
(E) for the purpose of resolving a hostage situation;
(4) by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of:
(A) surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;
(B) preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or
(C) conducting routine air quality sampling and monitoring;
(5) at the scene of a spill, or a suspected spill, of hazardous materials;
(6) for the purpose of fire suppression;
(7) for the purpose of rescuing a person whose life or well-being is in imminent danger;
(8) by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;
(9) of real property or a person on real property that is within 25 miles of the United States border;
(10) from a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;
(11) of public real property or a person on that property;
(12) by an electric or telecommunication utility provider regulated by the Public Utility Commission of Texas:
(A) for the purpose of performing and reporting the results of the annual inspection of transmission lines and other facilities as required by the commission, if the images are captured without the intent to conduct surveillance on an individual or real property located in this state; or
(B) for the purpose of maintaining or repairing transmission lines or other facilities, if the images are captured without the intent to conduct surveillance on an individual or real property located in this state;
(13) by the owner or operator of an oil, gas, water, or other pipeline for the purpose of maintaining or repairing pipelines or other transmission facilities, if the images are captured without the intent to conduct surveillance on an individual or real property located in this state;
(14) by a satellite for the purpose of mapping, provided that the images are not captured with the intent to conduct surveillance of an individual or real property located in this state;
(15) in connection with oil pipeline safety and rig protection;
(16) in connection with port authority surveillance and security;
(17) in connection with cattle ranching or agriculture and wildlife management;
(18) in connection with oil and gas exploration;
(19) for the purpose of water supply safety;
(20) for the purpose of surveying land;
(21) for the purpose of agriculture and farming safety; or
(22) in connection with an air show or related event.
(d) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
(e) This chapter does not apply to the manufacture, assembly, distribution, or sale of an unmanned vehicle or unmanned aircraft.
(f) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.
Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person:
(1) captures an image in violation of Section 423.003; and
(2) possesses, discloses, displays, distributes, or otherwise uses that image.
(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.003, or an image captured by an unmanned vehicle or unmanned aircraft that was incidental to the lawful capturing of an image:
(1) may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Sec. 423.006. CIVIL ACTION. (a) An owner or tenant of privately owned real property located in this state may bring against a person who, in violation of Section 423.003, captured an image of the property or the owner or tenant while on the property an action to:
(1) enjoin a violation or imminent violation of Section 423.003 or 423.004;
(2) recover a civil penalty of:
(A) $5,000 for all images captured in a single episode in violation of Section 423.003; or
(B) $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode in violation of Section 423.004; or
(3) recover actual damages if the person who captured the image in violation of Section 423.003 discloses, displays, or distributes the image with malice.
(b) For purposes of recovering the civil penalty or actual damages under Subsection (a), all owners of a parcel of real property are considered to be a single owner and all tenants of a parcel of real property are considered to be a single tenant.
(c) In this section, "malice" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.
(d) In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section must be commenced within two years from the date the image was:
(1) captured in violation of Section 423.003; or
(2) initially disclosed, displayed, distributed, or otherwise used in violation of Section 423.004.
Sec. 423.007. RULES FOR USE BY LAW ENFORCEMENT. The Department of Public Safety shall adopt rules and guidelines for use of an unmanned vehicle or unmanned aircraft by a law enforcement authority in this state.
SECTION 3. The change in law made by this Act applies only to the capture, possession, disclosure, display, distribution, or other use of an image that occurs on or after the effective date of this Act.
SECTION 4. The provisions of this Act or the applications of those provisions are severable as provided by Section 311.032(c), Government Code.
SECTION 5. This Act takes effect September 1, 2013.
* * * * *
By: Gooden, et al. (Senate Sponsor - Estes) H.B. No. 912
(In the Senate - Received from the House May 10, 2013; May 10, 2013, read first time and referred to Committee on Agriculture, Rural Affairs, and Homeland Security; May 15, 2013, reported favorably by the following vote: Yeas 3, Nays 1; May 15, 2013, sent to printer.)
COMMITTEE VOTE
Yea Nay Absent PNV
Estes X
Uresti X
Hegar X
Hinojosa X
Schwertner X
(THIS PART SHOWS 3 Yea, 1 NAY , 1 Absent)
A BILL TO BE ENTITLED
AN ACT
relating to images captured by unmanned vehicles and unmanned aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Privacy Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:
CHAPTER 423. USE OF UNMANNED VEHICLES AND UNMANNED AIRCRAFT
Sec. 423.001. DEFINITION. In this chapter, "image" means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property.
Sec. 423.002. NONAPPLICABILITY. This chapter does not apply to an image of real property or an individual on real property located in this state that is captured by an unmanned vehicle or unmanned aircraft operated in this state:
(1) for purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by Section 61.003, Education Code, including a person who:
(A) is a professor, employee, or student of the institution; or
(B) is under contract with or otherwise acting under the direction or on behalf of the institution;
(2) in airspace designated as a test site or range authorized by the Federal Aviation Administration for the purpose of integrating unmanned aircraft systems into the national airspace;
(3) as part of an operation, exercise, or mission of any branch of the United States military;
(4) if the image is taken by a satellite for the purpose of mapping;
(5) by a manufacturer or distributor of the unmanned vehicle or unmanned aircraft in connection with the development, manufacture, testing, or research of the vehicle or the aircraft;
(6) by a manufacturer or distributor incidental to the activities authorized under Subdivision (5) and the manufacturer or distributor discloses the image voluntarily to law enforcement because the manufacturer or distributor reasonably believes the image shows the commission of an offense; or
(7) by or for an electric or natural gas utility:
(A) for operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;
(B) for inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities;
(C) for assessing vegetation growth for the purpose of maintaining clearances on utility easements; and
(D) for utility facility routing and siting for the purpose of providing utility service.
Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED VEHICLE OR UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned vehicle or unmanned aircraft to capture an image of:
(1) an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image; or
(2) real property in this state, on which a primary or secondary school or a licensed child-care facility is operated or an individual located on that property, with the intent to conduct surveillance.
(b) An offense under this section is a Class C misdemeanor.
(c) It is an exception to the application of this section that the image was captured:
(1) with the consent of the individual captured in the image and the individual who owns or lawfully occupies the real property captured in the image;
(2) pursuant to a valid search or arrest warrant;
(3) by a law enforcement authority or a person who is under contract with or otherwise acting under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of a person law enforcement officers have probable cause to suspect has committed a felony;
(B) for the purpose of documenting a crime scene where a felony has been committed;
(C) for the purpose of investigating the scene of a human fatality or suspected human fatality;
(D) in connection with the search for a missing person; or
(E) for the purpose of resolving a hostage situation;
(4) by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of:
(A) surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;
(B) preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or
(C) conducting routine air quality sampling and monitoring;
(5) at the scene of a spill, or a suspected spill, of hazardous materials;
(6) for the purpose of fire suppression;
(7) for the purpose of rescuing a person whose life or well-being is in imminent danger;
(8) by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;
(9) of real property or a person on real property that is within 25 miles of the United States border;
(10) from a height no more than eight feet above ground level in a public place, if the image was captured without using any electronic, mechanical, or other means to amplify the image beyond normal human perception;
(11) of public real property or a person on that property;
(12) by an electric or telecommunication utility provider regulated by the Public Utility Commission of Texas:
(A) for the purpose of performing and reporting the results of the annual inspection of transmission lines and other facilities as required by the commission, if the images are captured without the intent to conduct surveillance on an individual or real property located in this state; or
(B) for the purpose of maintaining or repairing transmission lines or other facilities, if the images are captured without the intent to conduct surveillance on an individual or real property located in this state;
(13) by the owner or operator of an oil, gas, water, or other pipeline for the purpose of maintaining or repairing pipelines or other transmission facilities, if the images are captured without the intent to conduct surveillance on an individual or real property located in this state;
(14) by a satellite for the purpose of mapping, provided that the images are not captured with the intent to conduct surveillance of an individual or real property located in this state;
(15) in connection with oil pipeline safety and rig protection;
(16) in connection with port authority surveillance and security;
(17) in connection with cattle ranching or agriculture and wildlife management;
(18) in connection with oil and gas exploration;
(19) for the purpose of water supply safety;
(20) for the purpose of surveying land;
(21) for the purpose of agriculture and farming safety; or
(22) in connection with an air show or related event.
(d) It is a defense to prosecution under this section that the person destroyed the image:
(1) as soon as the person had knowledge that the image was captured in violation of this section; and
(2) without disclosing, displaying, or distributing the image to a third party.
(e) This chapter does not apply to the manufacture, assembly, distribution, or sale of an unmanned vehicle or unmanned aircraft.
(f) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.
Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person:
(1) captures an image in violation of Section 423.003; and
(2) possesses, discloses, displays, distributes, or otherwise uses that image.
(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
Sec. 423.005. ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT TO DISCLOSURE. (a) Except as otherwise provided by Subsection (b), an image captured in violation of Section 423.003, or an image captured by an unmanned vehicle or unmanned aircraft that was incidental to the lawful capturing of an image:
(1) may not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) is not subject to disclosure, inspection, or copying under Chapter 552; and
(3) is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by Subsection (a) may be disclosed and used as evidence to prove a violation of this chapter and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Sec. 423.006. CIVIL ACTION. (a) An owner or tenant of privately owned real property located in this state may bring against a person who, in violation of Section 423.003, captured an image of the property or the owner or tenant while on the property an action to:
(1) enjoin a violation or imminent violation of Section 423.003 or 423.004;
(2) recover a civil penalty of:
(A) $5,000 for all images captured in a single episode in violation of Section 423.003; or
(B) $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode in violation of Section 423.004; or
(3) recover actual damages if the person who captured the image in violation of Section 423.003 discloses, displays, or distributes the image with malice.
(b) For purposes of recovering the civil penalty or actual damages under Subsection (a), all owners of a parcel of real property are considered to be a single owner and all tenants of a parcel of real property are considered to be a single tenant.
(c) In this section, "malice" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.
(d) In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section must be commenced within two years from the date the image was:
(1) captured in violation of Section 423.003; or
(2) initially disclosed, displayed, distributed, or otherwise used in violation of Section 423.004.
Sec. 423.007. RULES FOR USE BY LAW ENFORCEMENT. The Department of Public Safety shall adopt rules and guidelines for use of an unmanned vehicle or unmanned aircraft by a law enforcement authority in this state.
SECTION 3. The change in law made by this Act applies only to the capture, possession, disclosure, display, distribution, or other use of an image that occurs on or after the effective date of this Act.
SECTION 4. The provisions of this Act or the applications of those provisions are severable as provided by Section 311.032(c), Government Code.
SECTION 5. This Act takes effect September 1, 2013.
* * * * *
MY CONCERN IS WHO'S THE JUDGE TO SAY WHAT YOU ARE DOING WITH YOUR QUAD COPTER WHILE YOUR VIDEO CAMERA IS ATTACHED. I'M NOT THE ONE USING MINE TO SPY AROUND BUT PEOPLE IN THE AREAS WHERE i FLY ALWAYS BRING THIS SUBJECT TO MY ATTENTION. IT IS ONLY A MATTER OF LIMITED TIME BEFORE PUBLIC "RC FLYING VEHICLES/DRONES" WITH CAMERAS WILL BE BANNED. THE ONLY ORGANIZATIONS THAT WILL BE ALLOWED TO LEGALLY USE THEM WILL BE THE POLICE, NEWS AGENCIES, GOVERNMENT, AND WATCHDOG ORGANIZATIONS. I REALLY BOUGHT MY PHANTOM TO CONDUCT NEW BUSINESS OPPORTUNITIES FOR PHOTOGRAPHY AND GET INTO THE VIDEO SIDE OF IT AS WELL. GUESS WHAT GOVERNMENT SAW FIT TO PASS LEGISLATION TO GROUND SMALL BUSINESSES FROM USING THESE COPTERS TO SHOOT STILLS AND CAPTURE VIDEO. LEAVE IT TO THE MASSES TO SCREW UP A FUN, AND ENTERTAINING HOBBY AND OR BUSINESS OPPORTUNITY. IN A SENSE DJI IS A CONTRIBUTING FACTOR BECAUSE THEY WERE ONE OF THE FIRST TO MAKE THESE SWEET AND AFFORDABLE RTR COPTERS WHERE EVERYONE NOW KNOWS ABOUT THEM AND WANTS ONE. IF THERE IS A PICTURE POSTED ON THE NEWS OR A RANDOM PICTURE POSTED ON THE WEB SAYING ANYTHING NEGATIVE IT HAS A GENERIC PHANTOM PICTURE ATTACHED. IF I OWNED A $5,000 PLUS DOLLAR RIG BECAUSE I WAS REALLY SERIOUS ABOUT MY AERIAL PHOTO/VID AND NEW ABOUT THE PRODUCTION OF THESE MASS PRODUCED CONSUMER QUADCOPTERS ON THE HORIZON I WOULD HAVE BEEN SCREAMING NO NO NO!
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Yet, you purchased one. You are supporting them just like I am.freelanceshots said:
This is technology and the free market system at work. It is how it should be and this is nothing new. I have invested many tens of thousands in video production equipment, yet today, for a few grand, someone can purchase the same camera used in some major motion pictures.
First off, stop shouting. Second off, the only blame there is to lay on the feet of "the masses" is they voted those legislators into office.freelanceshots said:
My computer at works stays in caps all the time for work. That is funny that you take that as me shouting. Maybe a little overly sensitive. Didn't know you could shout online but I'll try to remember that when I typing messages to my cell phone company. I'm just making the point that the problems come around when everyone wants to jump into something. Sometimes its better to keep things on a smaller scale. I'm not bashing DJI as it seems some people might have felt that way or it was the way I wrote that. I'm just saying that most likely by the end of this year because of the popularity it will be against the law for the general public to fly with an RC vehicle and record video or still images at the same time. I'm not promoting it so don't get angry at me.
Also if I'm not mistaken one of the regulatory organizations like the FAA requires you to have line of sight at all times and not go above something like 400 feet which is still pretty high. For all the FVP pilots, future FVP pilots, cloud seekers and outer atmosphere flyer's that's not good news for you guys. Its just a matter of time too were someone will come up with the idea to use a Phantom to take closeup video of the White House. Just wait for that photo to show in the papers.
Also if I'm not mistaken one of the regulatory organizations like the FAA requires you to have line of sight at all times and not go above something like 400 feet which is still pretty high. For all the FVP pilots, future FVP pilots, cloud seekers and outer atmosphere flyer's that's not good news for you guys. Its just a matter of time too were someone will come up with the idea to use a Phantom to take closeup video of the White House. Just wait for that photo to show in the papers.
Wow! (about the caps-only computer) Yeah, I did get a a little preachy. Sorry, but my virtual ears were ringing by the time I finished reading your post.freelanceshots said:
The part that bothers me the most about all this is someone *will* inevitably misuse one of these devices. The fact that laws are already being imposed on lawful, well-meaning citizens is disturbing since it is only a matter of time before something bad happens and our legislators over-react in a big way. And Texas of all places! I would have though New York or Illinois would be the first. Without the equivalent of something like the NRA to fight such things we are toast.
It's my understanding that to use an UAV for business is illegal right now any ways until the FAA figures out that can of worms. So I think you've already got one strike against you But I see very little issue with this. As I said before, you can't walk onto my lawn and film me with a handheld camera why should you be able to fly onto my lawn and film me with a copter. The question I have is can you fly in public space and film a person on their lawn (which I can do with a land bound camera).
But I see very little issue with this. As I said before, you can't walk onto my lawn and film me with a handheld camera why should you be able to fly onto my lawn and film me with a copter. The question I have is can you fly in public space and film a person on their lawn (which I can do with a land bound camera).
I just want to be aware of the law so that I don't get a ticket out of the blue one day and or a misdemeanor charge added to that. If all this is about only surveillance or peeping on someone then I have no worries.
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