Session I - Current & Future Drone Regulations – Patrick J. Paul
A brief history of unmanned aerial systems and what currently qualifies as a drone or UAS, including the current regulatory scheme and the role of the Federal Aviation Administration and the increasing impact of state and local regulation in dealing with the impact of drone use within their respective jurisdictions. Recent judicial decisions regarding drone use and privacy and FAA authorization of commercial drone use also will be discussed. Finally, a brief overview of the current usage of drones across a variety of industries will be shared.
A current overview of unmanned aircraft systems and drones
How Drones are currently Being Utilized
Evolving drone regulation
The Future Use of Drones and Likely Regulations
Session II - Rise of Drones and Erosion of Privacy – Kathryn Rattigan
Technological advancements are testing the strength and reach of some foundations of the law. The growth, development and implementation of unmanned aerial systems/vehicles (UAS/UAV or drones) is forcing state legislators and practitioners to examine common doctrines like trespass and the right to privacy. During this session we will discuss the widespread use of drones across many different industries, the federal, state and local laws that apply to drone operations and recent developments in the law pertaining to trespass and the right to privacy associated with drone operations. We will also take a look at some of the most infamous litigation in this arena and the most recent suits that have popped up related to drone use (or misuse, depending on which side you are on).
The Federal Aviation Administration regulates the safe operation of drones; however, FAA leaves it up to states and local law enforcement to regulate that space.
An important distinction between the trespass doctrine and aerial trespass when it comes to drone operations.
The drone’s capture of images or video footage without permission may infringe on the privacy right of the subject
Individuals’ actions to protect their privacy rights and property interests could have implications on public policy
Date / Time: December 10, 2021
12:00 pm – 2:10 pm Eastern
11:00 am – 1:10 pm Central
10:00 am – 12:10 pm Mountain
9:00 am – 11:10 am Pacific
Choose a format:
Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.
Patrick J. Paul| Snell & Wilmer
Patrick Paul is a practical problem solver with more than 25 years of experience developing meaningful relationships with critical decision makers. With notable land use, environmental due diligence, zoning, regulatory, renewable energy and litigation experience, Patrick assists both large and small clients in traditional and developing industries manage regulatory compliance issues associated with the construction and development of manufacturing, distribution, renewable and fossil fuel power production facilities, hospitality venues, and the management of related complex land use, environmental and regulatory issues. He also provides land use and zoning counseling and assists new and expanding businesses maximize available economic incentives to facilitate relocation and growth. Patrick consistently represents clients before a bevy of regulatory agencies on environmental permitting matters, including air emissions, water utilization, wastewater discharge, and energy storage matters. He also represents clients in connection with the use of drones and unmanned aerial vehicles. In addition, Patrick regularly counsels clients with respect to the acquisition of food safety and liquor licenses regarding the production, importation and distribution of spiritous liquors for alcohol beverage companies, brewers, hotels, management companies, golf courses, restaurants and bars. He is a frequent author and speaker on these issues to various industry, legislative and legal education organizations, including as an adjunct professor in the Master of Real Estate Development (MRED) program at the W.P. Carey School of Business at Arizona State University.
Kathryn M. Rattigan | Robinson + Cole
Kathryn Rattigan is a member of Robinson + Cole’s Business Litigation Group and Data Privacy + Cybersecurity Team. She advises clients on data privacy and security, cybersecurity, and compliance with related state and federal laws. Kathryn also provides legal advice regarding the use of unmanned aerial systems (UAS, or drones) and Federal Aviation Administration (FAA) regulations. She represents clients across all industries, such as insurance, health care, education, energy, and construction.
Kathryn is a member of the firm’s Drone Compliance Team. As such, she advises clients on all legal issues surrounding the use of commercial drones, including navigation of Federal Aviation Administration regulations, commercial registration requirements, and Part 107 waivers. She reviews and prepares employee and subcontractor agreements for the piloting and use of drones. She advises commercial businesses on insurance options for adequate coverage for drone use. Kathryn is well versed on various local and state laws, regulations, and ordinances which apply to a business’ drone use. She assists clients with privacy and cybersecurity policies, procedures and programs to mirror the National Telecommunications and Information Administration’s voluntary best practices, as well as other industry standards. Kathryn also handles drone-related litigation, such as claims involving manufacturing defects, personal injury, or property damage. She has given numerous presentations about implementing UAS into company infrastructure and privacy and cybersecurity issues related to drone use.
She writes for two of the firm’s blogs, Data Privacy + Security Insider and Health Law Diagnosis.
Session I – Current & Future Drone Regulations | 12:00pm – 1:00pm
1. A current overview of unmanned aircraft systems and drones | 12:00pm – 12:15pm
2. How Drones are currently Being Utilized | 12:15pm – 12:30pm
3. Evolving drone regulation | 12:30pm – 12:45pm
4. The Future Use of Drones and Likely Regulations | 12:45pm – 1:00pm
Break | 1:00pm – 1:10 pm
Session II – Rise of Drones and Erosion of Privacy
1. Introduction | 1:10 pm – 1:22pm
a. What are UAS/UAV?
b. What laws regulate the commercial and recreational use of drones?
i. Federal Aviation Administration, State Laws and Local Ordinances
ii. What is trespass?
1. How does it relate to navigable airspace?
2. What is aerial trespass?
iii. What is the right to privacy?
iv. Is there a lower standard when it comes to the operation of drones?
2. What best practices can operators use to operate drones while protecting privacy? | 1:22pm – 1:34pm
3. What does the future of drones look like? | 1:34pm – 1:46pm
4. From trespass to invasion of privacy to drones as vectors of attack | 1:46pm – 1:58pm
a. What is the future of privacy and cybersecurity in the drone industry?