Welcome to PhantomPilots.com

Sign up for a weekly email of the latest drone news & information

Proposed Law in Hawaii

Discussion in 'News' started by fizzviic, Feb 18, 2014.

  1. fizzviic

    Joined:
    Aug 17, 2013
    Messages:
    265
    Likes Received:
    0
  2. Ots

    Ots

    Joined:
    Jun 12, 2013
    Messages:
    77
    Likes Received:
    1
    Location:
    So Cal
    What's "chilling" about it? We all have privacy rights and this is supportive of protecting those rights. I really dig doing my FPV but if I'm doing it to gather information about what others' are doing then shame on me!

    I wonder if perhaps you may have misinterpreted its meaning? It's just outlining the circumstances under which law enforcement agencies may use unmanned aircraft. I don't have a problem with that.

    Or have I missed your point somehow?
     
  3. Ots

    Ots

    Joined:
    Jun 12, 2013
    Messages:
    77
    Likes Received:
    1
    Location:
    So Cal
    Oh. I just read the date of the OP. Lol!
     
  4. Big Ben

    Joined:
    Jan 17, 2014
    Messages:
    344
    Likes Received:
    0
    It's not as innocent as you think.

     
  5. OI Photography

    Joined:
    Sep 23, 2013
    Messages:
    5,542
    Likes Received:
    17
    Location:
    Clarksville, TN
    I think that's supposed to be read as:

    state or local public agency, or, state or local person, or, state or local entity

    Hard to tell for sure
     
  6. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
    Staff Member

    Joined:
    Feb 9, 2014
    Messages:
    6,811
    Likes Received:
    4,376
    Location:
    Live! From New York!
    By the looks of it, these rules apply to everyone and if you live there you would not be able to use your camera while flying... does that sound OK to you?
     
  7. Big Ben

    Joined:
    Jan 17, 2014
    Messages:
    344
    Likes Received:
    0
    Not really.

     
  8. havasuphoto

    Joined:
    Nov 23, 2013
    Messages:
    1,284
    Likes Received:
    3
    Location:
    Lake Havasu, AZ
    Since the "airspace" over a city/town/state, belongs to the Federal Government...and there's this thing called the 10th Amendment in the Constitution, which basically says; "powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people."
    And, what that mean is this; the Federal Government had been granted the rights to Airspace....and it has to give the States the right to regulate aircraft within that airspace.

    I see any State/City/Town, attempting to pass anti-drone legislation as being in Violation of the 10th amendment of the Constitution. They can't control what flies in the National Airspace System.....the end.
    It also violates the Interstate Commerce Clause....again, it's a Federal thing, not a State thing.

    Too bad the ACLU probably hates the mere thought of Drones. They have great Attorney's that love to pound the you know what out of these types of laws. But-being that it has to do with Drones, I'm thinking they're probably going to take a "red card" on this, and sit it out.
     
  9. fizzviic

    Joined:
    Aug 17, 2013
    Messages:
    265
    Likes Received:
    0
    I do indeed think you missed the point. If you took the time to read the proposed legislation, it bans the use of 'drones' FOR ALL PURPOSES, except for law enforcement agency. That mean if passed, ALL private use, for any reason would be banned.

    You might consider reading the proposed law this time instead of just jumping in with a gratuitous comment.
     
  10. OI Photography

    Joined:
    Sep 23, 2013
    Messages:
    5,542
    Likes Received:
    17
    Location:
    Clarksville, TN
    I think you need to read it again. It's specifically referring to use by state agencies...which is all the states have the power to regulate in this matter.

    "In recognizing the progressive opportunities that unmanned aircrafts provide, the legislature also recognizes its duty to protect Hawaii residents from threats to their constitutional right to privacy. The legislature further finds that in 2013 nine other states passed legislation regulating government deployment of unmanned aircraft technology.

    The purpose of this Act is to ensure that unmanned aircraft technology is used strictly to assist or benefit Hawaii residents and not used in a manner that will impede their right to privacy."

    The exclusions listed are to specify situations in which law enforcement agencies MAY use them.
     
  11. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
    Staff Member

    Joined:
    Feb 9, 2014
    Messages:
    6,811
    Likes Received:
    4,376
    Location:
    Live! From New York!
    The ACLU is involved here...

    [youtube]http://www.youtube.com/watch?v=ekYL9fPbKlQ[/youtube]
     
  12. OI Photography

    Joined:
    Sep 23, 2013
    Messages:
    5,542
    Likes Received:
    17
    Location:
    Clarksville, TN
  13. Ots

    Ots

    Joined:
    Jun 12, 2013
    Messages:
    77
    Likes Received:
    1
    Location:
    So Cal
    Well, I did read the whole thing, and more from reading articles available on-line.

    The context of this proposed legislation is about spying and gathering info on people - invasion of privacy, basically. It has nothing to do with sport flying or enjoying your Phantom.
     
  14. flyshasta

    Joined:
    Sep 2, 2013
    Messages:
    104
    Likes Received:
    0
    Oh, it's going to be so cool to "fly for hours and days at a time!" I can't wait!


    Sent from my iPhone using Tapatalk
     
  15. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
    Staff Member

    Joined:
    Feb 9, 2014
    Messages:
    6,811
    Likes Received:
    4,376
    Location:
    Live! From New York!

    I LOL'ed when he said that too. :lol:
     
  16. GMANNZ

    Joined:
    Jan 24, 2014
    Messages:
    405
    Likes Received:
    1
    Location:
    Wellington, New Zealand
    This seems no different than the rules I have to follow when I tap your phones ... Ok to do, no keeping of data, destroy the evidence yadda yadda yadda ..... pretty standard operating procedure for lots of areas
     
  17. Buster2

    Joined:
    Jan 23, 2014
    Messages:
    54
    Likes Received:
    0
    Maybe, just maybe a compromise could be achieved by filing a flight plan electronically (only if flying over public or populated areas) and making the video or pictures available to an oversight entity only to demonstrate or verify good intent.

    I could see having a permit to fly over populated areas to prevent injury. Everyone knows it only takes one idiot to ruin it for everyone!

    I also see a need to have some kind of regulation since the technology can easily be misused!

    I'm not for more laws and strict regulation, but look how easy the FPV drone can video and take pictures of otherwise inaccessible views that would normally have the expectation of privacy!

    Very tough controversial issue!
     
  18. thongbong

    Joined:
    Aug 3, 2013
    Messages:
    499
    Likes Received:
    11
    Here's a video straight from the mouth of the senator who's trying to get the bill passed. Hope he is not successful or there will be plenty of Ebay Phantoms coming out of Hawaii.

    "This bill is intended to provide a tool for law enforcement and for data gathering, primarily for law enforcement. It's not intended to be a drone in every garage," Sen. Clayton Hee said.

    I'm not sure what the big deal about privacy is, I walk around the house naked with shades up all the time :D

    http://www.hawaiinewsnow.com/story/2474 ... Id=9851813
     
  19. OI Photography

    Joined:
    Sep 23, 2013
    Messages:
    5,542
    Likes Received:
    17
    Location:
    Clarksville, TN
    Fortunately the political ambitions of a state senator do not trump the federal jurisdiction. Even though HI isn't part of the 48 contiguous states, it's airspace is still regulated by the FAA just like all others.
     
  20. thongbong

    Joined:
    Aug 3, 2013
    Messages:
    499
    Likes Received:
    11
    +1 I also definitely see the FAA regulating commercial and private UAS, they will be contending with a very large market by 2015. Where there's money, there's a way.