Drones and Invasions of Privacy: An International Comparison of Legal Responses

2019 ◽  
Author(s):  
Des Butler
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
Aircraft Systems ◽  
Legal Response ◽  
The United Kingdom ◽  
Legal Responses ◽  
Remotely Piloted Aircraft

Privacy has been recognised nationally and internationally as a major challenge posed by the growing proliferation of drones, otherwise known as ‘remotely piloted aircraft’, ‘small unmanned aircraft’ or ‘unmanned aircraft systems’, with surveillance capability. Currently in Australia an uneven landscape of common law causes of action, surveillance statutes and data protection laws provide fragmented protection of privacy. This article compares that legal response with those of the United Kingdom and the United States. It identifies commonalities and differences between those approaches that may be instructive as Australia determines the appropriate response to the potential of invasion of privacy posed by this form of transformative technology.

Regulations and Laws Pertaining to the use of Unmanned Aircraft Systems (UAS) by ICAO, USA, China, Japan, Australia, India, and Korea

2019 ◽  
pp. 169-207
Author(s):  
Doo Hwan Kim
Keyword(s):  
United States ◽  
The United States ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
Civil Aviation ◽  
International Civil Aviation Organization ◽  
Aircraft Systems ◽  
The World ◽  
Draft Convention

The drone industry is rapidly developing around the world, and the numbers of drones are increasing. In order to maintain safety and secure stability of drone flights, regulations and laws related to drone operations are established in each country. This chapter reviews the rules and laws of drones established by the International Civil Aviation Organization, the United States, China, Japan, Australia, India, and Korea. In order to protect victims and develop the drone industry, the author proposes that it is necessary and desirable for the legislation of a unified and global “Draft Convention for the Unification of Certain Rules Relating to Drone Operations and Transport.”

‘There’s always a [white] man in the loop’: The gendered and racialized politics of civilian drones

2018 ◽  
Vol 48 (4) ◽  
pp. 540-563 ◽  
Author(s):  
Philip Olson ◽  
Christine Labuski
Keyword(s):  
United States ◽  
Focus Group ◽  
Focus Groups ◽  
Federal Aviation Administration ◽  
The United States ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
Social Actors ◽  
Aircraft Systems

In 2014, the United States Federal Aviation Administration chose six sites at which to conduct research crucial to integrating unmanned aircraft systems into the nation’s airspace. Analyzing data collected from five focus groups that we conducted at one of these test sites, this article centers on the gendered and racialized politics of civilian unmanned aircraft. Civilian drone use remains a relatively unchallenged space for displaying hypermasculinity via technological expertise. Focusing on the topic of surveillance, we argue that a very particular, intersectional perspective – white technomasculinity – profoundly influences how civilian unmanned aircraft are imagined, designed and deployed. While this perspective went unmarked and was taken for granted by most of our focus group participants, our analysis highlights the constructed and contingent nature of white technomasculinity, and we argue that a critical technological consciousness is necessary to prevent these technologies from reinforcing or exacerbating unequal distributions of rights and responsibilities among differently located social actors. We conclude our paper on a cautiously hopeful note, drawing attention to moments in which more distributed, or ‘sousveillant’, uses of civilian UAS appeared possible.

Conclusion The American and Westminster Models

2021 ◽  
pp. 391-396
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
The United States ◽  
State Of Emergency ◽  
The United Kingdom ◽  
European Court

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

The Diffuse and Second Look Models of Judicial Review

2021 ◽  
pp. 23-34
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Latin America ◽  
Judicial Review ◽  
Common Law ◽  
The United States ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Second Look ◽  
The Common

This chapter examines the two models of judicial review that exist in the common law countries: the Diffuse Model and the Second Look Model. The Diffuse Model of judicial review originated in the United States and has spread to India, Canada, Australia, the United Kingdom, most of the countries of Latin America, the Scandinavian countries (except for the Netherlands), and Japan. It is premised on the idea that a country’s written constitution is its supreme law and that courts, when deciding cases or controversies that are properly before them, are thus duty-bound to follow the constitution, which is supreme law, and not a contrary statute whenever those two items conflict. Meanwhile, the essence of the Second Look Model of judicial review is that a Supreme or Constitutional Court ought to have the power of judicial review, subject to some kind of legislative power of override. This, it is said, best harmonizes the advantages of a written constitution and a bill of rights enforced by courts with the imperatives of democratic self-government. The underlying goal is to obtain the advantages of both constitutional government and also of democratic government.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

An Analysis of Unmanned Aircraft Registration Effectiveness

2017 ◽  
Vol 4 (1) ◽  
pp. 54-66
Author(s):  
Ronald Pentz ◽  
He (Herman) Tang
Keyword(s):  
United States ◽  
Statistical Analysis ◽  
The United States ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
Courts Of Appeals ◽  
Chi Square ◽  
Difficult Time ◽  
Significant Difference ◽  
Rapid Pace

This article describes how small unmanned aircraft systems (sUAS) are growing at a rapid pace. They are inexpensive and widely available for both hobbyist and commercial use. However, with this rapid growth, regulations are having a difficult time keeping pace to safely incorporate them into the United States National Airspace. Recent regulations requiring the registration of all sUAS have been overturned by the United States Courts of Appeals. This research provides a statistical analysis of the effectiveness of the registration regulation in the reduction of unauthorized and careless sUAS operation prior to being overturned by the courts. Statistical analysis including descriptive statistics and chi square hypothesis tests were used to analyze more than 3,000 reported unauthorized and careless events. The findings show a significant difference in events pre-registration and post registration.

scholarly journals Integration of Unmanned Aircraft Systems into the National Airspace System-Efforts by the University of Alaska to Support the FAA/NASA UAS Traffic Management Program

2020 ◽  
Vol 12 (19) ◽  
pp. 3112
Author(s):  
Michael Hatfield ◽  
Catherine Cahill ◽  
Peter Webley ◽  
Jessica Garron ◽  
Rebecca Beltran
Keyword(s):  
Traffic Management ◽  
Federal Aviation Administration ◽  
The United States ◽  
Lessons Learned ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
National Airspace System ◽  
Great Opportunity ◽  
Aircraft Systems ◽  
The University

Over the past decade Unmanned Aircraft Systems (UAS, aka “drones”) have become pervasive, touching virtually all aspects of our world. While UAS offer great opportunity to better our lives and strengthen economies, at the same time these can significantly disrupt manned flight operations and put our very lives in peril. Balancing the demanding and competing requirements of safely integrating UAS into the United States (US) National Airspace System (NAS) has been a top priority of the Federal Aviation Administration (FAA) for several years. This paper outlines efforts taken by the FAA and the National Aeronautics and Space Administration (NASA) to create the UAS Traffic Management (UTM) system as a means to address this capability gap. It highlights the perspectives and experiences gained by the University of Alaska Fairbanks (UAF) Alaska Center for Unmanned Aircraft Systems Integration (ACUASI) as one of the FAA’s six UAS test sites participating in the NASA-led UTM program. The paper summarizes UAF’s participation in the UTM Technical Capability Level (TCL1-3) campaigns, including flight results, technical capabilities achieved, lessons learned, and continuing challenges regarding the implementation of UTM in the NAS. It also details future efforts needed to enable practical Beyond-Visual-Line-of-Sight (BVLOS) flights for UAS operations in rural Alaska.

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