Enacts the "personal privacy protection act" to prohibit the unauthorized use of satellites and unmanned aerial vehicles

Summary of specific provisions

Specifically, this bill would establish a new section 730 of the executive law to establish guidelines for the use of commercial satellites and unmanned aerial vehicles over New York State airspace.

This new section would:

* Declare legislative findings and determinations as to the importance of protection of personal privacy from the unauthorized use of satellites and unmanned aerial vehicles;

* Define the terms "satellite", "unmanned aerial vehicle", "commercial satellite", "commercial unmanned aerial vehicle" and "image or recording" in a manner consistent with other provisions of federal and state law;

* Provide that no image or recording shall be captured, collected maintained, posted, transmitted or broadcast by or from a commercial satellite or a commercial unmanned aerial vehicle, of any person or their private property, unless such image or recording was captured, collected, maintained, posted, transmitted or broadcast:

* for the purpose of professional or scholarly research and development by a person acting on behalf of an institution of higher education;

* for the purpose of protecting, monitoring or maintaining airspace;

* for the purpose of operating the commercial satellite or commercial unmanned aerial vehicle pursuant to contract with, or as part of an operation, exercise or mission of the United States army, navy, air force, marines corps or coast guard or the reserve units thereof, or of the army national guard, air national guard, New York state guard, or New York state naval militia;

* for the purpose of operating the commercial satellite or commercial unmanned aerial vehicle pursuant to a contract with, or as part of an operation, exercise or mission of the United States department of homeland security or any agency thereof, the division of homeland security and emergency services, the United States department of justice or any agency thereof, the division of state police, or a police department or fire department of any political subdivision of the state, or of any state agency or public authority as may be designated by the governor, upon the joint recommendation of the

commissioner of the division of homeland security and emergency services and the superintendent of state police;

* for the purpose of aiding or assisting in the development, creation and/or production of maps, geological surveys or land surveys;

* for the purpose of aiding or assisting in the planning, construction or maintenance of electric utilities, natural gas utilities, water utilities, telephone, internet or other communications systems, including their maintenance and operation facilities, transmission lines and facilities, and related facilities and systems;

* for the purpose of operating the commercial satellite or commercial unmanned aerial vehicle, by a broadcast or print media news organization, to have the images or recordings collected, broadcast, printed or displayed for public information and/or news;

* for the purpose of aiding or assisting in the planning, construction, maintenance or traffic of roadways, highways, bike paths, walkways, canals, railroads, water systems, reservoirs, bridges, tunnels, rivers, seaways, subways, or facilities appurtenant thereto;

* for the purpose of aiding or assisting in the planning, construction or maintenance of commercial buildings, housing, parking facilities, fences or facilities appurtenant thereto;

* for the purpose of aiding or assisting in the study, tracking or prediction of weather, climate or other meteorological events;

* for the purpose of aiding or assisting in the study, tracking or prediction of wildlife or vegetation;

* for the purpose of aiding or assisting in the planning, construction, maintenance or operation of farms, agricultural facilities, or food or livestock maintenance or processing facilities;

* for the purpose of aiding or assisting in the study, prevention, management, response or recovery to flooding, fires or other natural or man made disasters;

* for the purpose of aiding or assisting in the design, testing, construction, manufacture and/or production of satellites or unmanned aerial vehicles by a person, corporation, limited liability company or organization in the regular course of business that designs, tests, constructs, manufactures or produces satellites or unmanned aerial vehicles; or

* with the written consent of the person of whom the image or recording is taken, or who owns or lawfully occupies the real property captured in the image or recording.

This bill would additionally a new article 252 of the penal law for offenses involving commercial satellites or commercial unmanned aerial vehicles.

More specifically, this section would establish the new crimes of:

* Criminal use of a satellite or unmanned aerial vehicle in the third degree, when a person intentionally uses a commercial satellite or commercial unmanned aerial vehicle to capture, collect, maintain post, transmit or broadcast an image or recording of a person or his or her property, in violation of the proscribed uses for such commercial satellite or commercial unmanned aerial vehicles, and such criminal use of a satellite or unmanned aerial vehicle in the third degree would be a class E felony.

* Criminal use of a satellite or unmanned aerial vehicle in the second degree, when a person intentionally uses, operates, hijacks or controls any satellite or any unmanned aerial vehicle, without the permission of the owner thereof, if such satellite or unmanned aerial vehicle has the capability of capturing, collecting, maintaining, posting, transmitting or broadcasting an image or recording or deploying, firing, launching or transmitting an electronic signal or kinetic projectile, that can cause harm or destruction to a person or property, and such criminal use of a satellite or unmanned aerial vehicle in the second degree would be a class D felony; and

* Criminal use of a satellite or unmanned aerial vehicle in the first degree, when a person intentionally uses, operates, hijacks or controls any satellite or any unmanned aerial vehicle, without the permission of the owner, to deploy, fire, launch or transmit an electronic signal or kinetic projectile, that can cause harm or destruction to a person or property, and such criminal use of a satellite or unmanned aerial vehicle in the first degree would be a class C felony.

Justification

The use and development of drone technology offers many advantages as well as concerns for our society. Properly used, these unmanned aerial vehicles can improve public safety, reduce the cost and increase the accuracy of construction, help troubleshoot complex systems, and provide useful public information on everything from weather to natural disasters to traffic developments.

But as with every new technology, drones must be used in a safe and responsible manner. Their potential for harmful use is significant, allowing for the improper invasion of personal privacy and the infliction of personal injury and property damage.

The Federal Aviation Administration has begun the process to provide federal regulation of commercial unmanned aerial vehicles, and will be implementing regulations concerning their use in 2015. Accordingly states across the nation have begun to enact state laws consistent with federal law, that would protect their citizens from the privacy invasions of which these drones are capable. While the FAA will outline how and where these aircraft may be flown, these state laws provide what these aircraft may be used for while they are in flight.

This bill thereby seeks to recognize that commercial unmanned aerial vehicles, as well a commercial satellites, will be in the skies over New York, and that it is incumbent upon the state legislature to assure that they are used for responsible activities. Accordingly, it sets forth significant guidelines for the use of such drones, as well as establishes crimes that would penalize their invasion of personal privacy or injury to persons or property. By means of this framework,

New York seeks to embrace the benefits of this new technology while preventing its detriments.

Prior legislative history

This is a new bill

Fiscal implications

None Noted

Effective date

This act would take effect on the first of November next succeeding the date on which it shall have become a law.