Connecticut may become first U.S. state to allow deadly police drones

By Barbara Goldberg

NEW YORK (Reuters) – Connecticut would become the first U.S. state to allow law enforcement agencies to use drones equipped with deadly weapons if a bill opposed by civil libertarians becomes law.

The legislation, approved overwhelmingly by the state legislature’s judiciary committee on Wednesday, would ban so-called weaponized drones in the state but exempts agencies involved in law enforcement. It now goes to the House of Representatives for consideration.

The legislation was introduced as a complete ban on weaponized drones but just before the committee vote it was amended to exclude police from the restriction.

Connecticut Governor Dannel Malloy, a Democrat, was reviewing the proposal, “however in previous years he has not supported this concept,” spokesman Chris Collibee wrote in an email.

Civil libertarians and civil rights activists are lobbying to restore the bill to its original language before the full House vote.

“Data shows police force is disproportionately used on minority communities, and we believe that armed drones would be used in urban centers and on minority communities,” said David McGuire, executive director of the American Civil Liberties Union in Connecticut.

“That’s not the kind of precedent we want to set here,” McGuire said of the prospect that Connecticut would become the first state to allow police to use lethally armed drones.

In 2015, North Dakota became the first state to permit law enforcement agencies to use armed drones but limited them to “less than lethal” weapons such as tear gas and pepper spray.

So far, 36 states have enacted laws restricting drones and an additional four states have adopted drone limits, according to the National Conference of State Legislatures.

If Connecticut’s Democratic-controlled House passes the bill it will move to the Senate, which is split evenly between Democrats and Republicans.

Representative William Tong, a Democrat from Stamford, nor Senator John Kissel, a Republican from Enfield, who are co-chairs of the Judiciary Committee, were not immediately available for comment.

(Editing by Frank McGurty and James Dalgleish)

Whose sky is it anyway? U.S. drone case tests rights to air space

Drone flying over field

By Paola Totaro and Konstantin Kakaes

LONDON/WASHINGTON (Thomson Reuters Foundation) – When a small town American roofer took legal action against a neighbor for shooting down his drone, the local dispute sparked a case that could help shape the newest frontier of property rights law – who owns the air.

Drone owner David Boggs filed a claim for declaratory judgment and damages in the Federal Court after his neighbor William Merideth from Hillview in the southern state of Kentucky blasted his $1,800 drone with a shotgun in July last year.

Boggs argued to the District Court in Kentucky that the action was not justified as the drone was not trespassing nor invading anyone’s privacy, while Merideth – who dubs himself the “drone slayer” – said it was over his garden and his daughter.

After a year of counter argument, a decision on which court jurisdiction should hear the complaint is expected within weeks and this could set new precedents for U.S. law.

Experts are watching the case closely as the burgeoning drone industry, fueled both by hobbyists and commercial operators, highlights the lack of regulation governing lower altitude air space not just in the United States but globally.

“We are in an interesting time now when technology has surpassed the law,” said Boggs’ lawyer, James Mackler, a former Blackhawk pilot and partner at Frost Brown Todd and one of a handful of attorneys specializing in unmanned aircraft law.

“Operators need to know where they can fly and owners must know when they can reasonably expect privacy and be free of prying eyes,” said Mackler whose work involves advising both corporate and government clients planning commercial drone use.

The landmark case comes amid a sharp increase in the global market for drones, or unmanned aerial vehicles, with research firm, Markets and Markets estimating an annual growth rate of 32 percent every year to a $5.6 billion industry by 2020.

RIGHTS ABOVE?

The U.S. Federal Aviation Authority (FAA) forecasts about 2.5 million drones will be buzzing in U.S. skies by the end of 2016 – and that number will more than triple by 2020.

But with the global industry surging, all parties, including  Merideth, and Boggs’ lawyer, Mackler, agree the use of drones in lower air space urgently needs to be clarified and defined.

“To be honest with you, at the time I did what I did I was reacting as most homeowners would, protecting their property, their kids … I didn’t know who was operating the drone or for what purpose,” Merideth told the Thomson Reuters Foundation.

“In the end, I’m hoping that laws can be put into place to protect not just the home owner but the individual who owns the drone. They have rights too. It is a huge gray area and for now nobody knows what they are allowed to do.”

Mackler estimates about a drone a month is shot down in the United States as residents grapple with the legal confusion about what constitutes their property and their rights.

“What happens typically is that law enforcement doesn’t know what to do and civil suits are uncommon as most people don’t want to get involved due to the costs,” he told the Thomson Reuters Foundation in a telephone interview.

Boggs’ complaint states that the drone was flying at about 200 feet (6o m) above ground level for around two minutes over  residential Bullitt County when it was blasted out of the sky.

The height at which the drone was flying is disputed as Merideth insists it was much lower – an integral part of the legal case because higher airspace used by commercial planes is clearly defined in law.

For now, there is no real agreement on who owns the air space below that height and there are also no rules that identify who has the right to say how it can be used.

The court challenge filed by Boggs in January shows Merideth’s defense for downing the drone hinged on his belief it may have been taking video or still images of his daughter.

When Boggs challenged his neighbor, Merideth warned him that not only was he was protecting his family’s rights but he was not to come any further.

Police were called and Merideth was charged with felony, wanton endangerment and criminal mischief but Kentucky District Court Judge Rebecca Ward last October dismissed the criminal charges, saying he “had a right to shoot at the aircraft”.

Boggs’ lawyer Mackler said the case is not about payment for  the damaged drone but about carving legally clear boundaries between unregulated lower air space and personal property.

If the case is heard in the District Court, he said, it will not be binding in other federal court jurisdictions but will be influential in other courts. However, if it is appealed and sent to a higher court, it could create a precedent for the country.

OPENING THE SKIES

Despite the lack of legal clarity over air space, the United States moved to free up the use of small drones on Aug. 30  by relaxing rules requiring drone operators to have a manned pilots license and specific FAA approval.

These have been replaced with a new class of FAA license which is much less onerous and less expensive, allowing the use of drones weighing less than 25 kgs for routine educational or commercial use such as power line and antenna inspections.

The rules stopped short of allowing package deliveries, as proposed by Amazon.com Inc, and currently drones can only be used in sight of the operator and not over people.

The FAA expects within a year 600,000 drones will be used commercially – up from 20,000 registered now for commercial use.

Anglo-American property law scholars trace the first principles of law for the air back more than 800 years to the Latin “cujus est solum ejus est usque ad coelom et ad infernos”.

This effectively meant that earthly property ownership was deemed to include everything below land to the center of the earth and upwards in the sky to heaven.

But with the advent of commercial air travel this principle was laid to rest because property owners could not be considered as owners of the air thousands of feet above their homes if air travel was to prosper.

In the United States, the legal principles that emerged over the 20th century focused on nuisance: flights at great heights came to be permitted without regard to the rights of property owners, while low altitude flights, including take-offs and landings, had to factor in the impact on nearby property.

The most important case to define these principles in the United States involved the health of a farmer’s chickens.

Known as the ‘United States versus Causby,’ the challenge unfolded during World War II when noisy military aircraft started flying from the Greensboro-High Point Airfield and over Thomas Causby prosperous chicken farm near in North Carolina.

The constant roar of planes sent Causby’s 400 chickens into a frenzy and they stopped laying eggs, ruining his livelihood.

The farmer sued the Federal Government and both the lower courts and the Supreme Court found in his favor, stating that a landowner “owns at least as much of the space above the ground as he can occupy or use in connection with the land”. This has been a guiding principle of U.S. law for more than 70 years.

By 1958, Federal regulations evolved to clearly define navigable airspace to include everything that was 500 feet or more above ground level, along with “airspace needed to insure safety in take-off and landing of aircraft”.

The “ad coelum”, or to the sky, doctrine, “had no place in the modern world,” wrote Justice William Douglas in his Causby judgment in 1946, arguing there exists “public highway” in the sky which was part of the “public domain”.

Mackler said the current tensions over drones partly derived from the lack of clarity over the legality of their use.

“People have a visceral reaction to seeing a drone. Unmanned aircraft are something different, something they often don’t expect,” he said.

“But if you know that in advance that a drone is being used by your utility company to inspect the safety of the local power lines, you will be less fearful. Law and technology have always had this tension: it takes time, especially if it has to go through the courts. But it will work its way out.”

(Reporting by Paola Totaro, Editing by Belinda Goldsmith; Please credit the Thomson Reuters Foundation, the charitable arm of Thomson Reuters, that covers humanitarian news, women’s rights, trafficking, property rights and climate change. Visit news.trust.org)

Drones emerge from shadows to become key cog in U.S. war machine

U.S. airmen prepare a U.S. Air Force MQ-9 Reaper drone as it leaves on a mission at Kandahar Air Field

By Josh Smith

KANDAHAR, Afghanistan/CREECH AIR FORCE BASE, Nevada (Reuters) – When U.S. drones obliterated a car carrying Taliban leader Mullah Akhtar Mansour last month, it was the kind of targeted killing that unmanned aircraft are best known for.

But 15 years after a drone first fired missiles in combat, the U.S. military’s drone program has expanded far beyond specific strikes to become an everyday part of the war machine.

Now, from control booths in the United States and bases around the Middle East, Afghanistan and parts of Africa, drone crews are flying surveillance missions and providing close air support for troops on the ground.

“In the wars we fight, this is the future,” said drone pilot Lieutenant Shaw, as he stood in a hangar at the Air Force’s drone base in the southern Afghan city of Kandahar.

Crews spoke to Reuters on condition that only their first names and rank be used to identify them.

The increased use of Unmanned Aerial Vehicles (UAVs) in a wide range of battle applications comes as the United States looks to reduce the number of soldiers fighting abroad.

The U.S. military declined to provide statistics breaking down drone activity into types of missions, but dozens of interviews with people working in the secretive programs show UAVs have become an integral tool on the battlefield.

That is likely to raise further objections from critics who say drones often miss their intended targets, can only partly relay what is happening on the ground and encourage warfare with impunity waged by people at computer screens far from danger.

In Afghanistan, the United States has around 9,800 troops left and plans to cut the level to 5,500 by early 2017.

At its peak a few years ago, the U.S. military had around 100,000 soldiers there, yet the dramatic decrease does not mean the conflict is winding down. In fact, the Taliban insurgency is as potent now as at any time since 2001.

DRONES TAKING OVER

As part of its expanding program, the Air Force aims to double the number of drone squadrons over the next five years.

Even some proponents, like retired Lieutenant Colonel T. Mark McCurley, a former Air Force drone pilot, say over reliance on remote killing and electronic intelligence has hurt efforts on the ground.

“Too often, remotely piloted aircraft are being used as a tool to wantonly kill individuals, rather than as one of many tools to capture and shut down whole terrorist networks,” he said.

Central to the shift toward remote operations is Afghanistan, where weak local forces, a dwindling troop presence and rugged terrain have made it something of a testing ground.

Drones there log up to eight times as many flight hours as the few remaining manned fighter aircraft. They also release more weapons than conventional aircraft, Reuters reported in April.

For the first time, the top Air Force general in the country was trained as a drone pilot before he deployed, a move he said reflected the importance of unmanned aircraft in the broader military mission.

“Our airmen are flying persistent intelligence, surveillance, reconnaissance, and strike missions all across Afghanistan,” Major General Jeff Taliaferro told Reuters in Kabul, referring to the drone program.

“They’re performing everything from counterterrorism to base defense, and really it’s a capability a lot of our missions have come to rely on.”

RAPID EXPANSION

The latest generation of drones carries more and bigger weapons and an expanding payload of hi-tech sensors designed to handle a wider range of missions for the conventional military.

The number of hours flown by the Air Force’s newest attack drone, the MQ-9 Reaper, more than doubled globally between 2010 and 2015, to nearly as many hours as F-16 fighter jets, according to statistics from the Air Force Safety Center.

In a plan announced late last year, the Air Force proposed roughly $3 billion in funding to expand its attack drone force further, adding 75 of the latest Reaper aircraft.

It already fields at least 93 Reapers and 150 of the older MQ-1 Predators, both built by General Atomics, as well as 33 much larger Global Hawk surveillance UAVs, manufactured by Northrop Grumman.

The U.S. Army also operates a fleet of roughly 130 MQ-1C Gray Eagle unmanned aircraft, an upgraded version of the Predator, and all military services have thousands of smaller, mostly unarmed surveillance drones.

One challenge for the U.S. military is recruiting enough staff to operate a growing fleet and expanding range of roles.

As many as 3,500 new personnel may be added to a workforce of roughly 1,700 pilots and sensor operators in a bid to expand the program and relieve stress and overwork, according to proposals released by the Air Force’s Air Combat Command.

FULL CIRCLE

While Afghan missions are flown via satellite link by pilots at bases in the United States, aircraft take off and land under the control of crews deployed to the airfields in Afghanistan.

As a steady procession of Reapers rolled down the runways and into the bright Afghan sky, operators at Kandahar described life in on of the fastest-changing sectors of the military.

“My old job was going away, while this field is rapidly expanding,” said Captain Bryan, a pilot who used to fly KC-135 refueling aircraft.

Kandahar’s role as a drone center in Afghanistan brings the drone full circle.

Fifteen years ago, a U.S. drone made history over Kandahar when it fired the first weapon deployed by unmanned aircraft in combat, during a failed attempt to kill then-Taliban leader Mullah Omar in the first days of the U.S.-led operation that ousted the hardline Islamists from power.

On its way back to base, the drone fired its second missile at Kandahar airfield, then suspected of being occupied by Taliban and al Qaeda fighters.

At the height of the NATO coalition mission, Kandahar, which is also a civilian airport, hosted a range of military aircraft including F-16 fighter jets and C-130 cargo planes. Now, the only attack aircraft deployed here are about two dozen drones.

Squeezed into sand-colored shipping containers just off the tarmac, pilots and sensor operators flip through checklists amid an array of monitors, touch screens, radio consoles and a secret chat system with which they talk to pilots in the United States.

At the beginning of the year, the squadron at Kandahar began flying new, extended-range Reapers, usually carrying four Hellfire missiles, one 500 lb GBU-12 bomb and an external fuel tank under the wings.

That load has allowed the aircraft to be used for more than just hunting individuals, including close air support for troops fighting on the ground.

“ANYTHING BUT A VIDEO GAME”

Almost 8,000 miles away, pilots sitting at another sun-bleached desert base, this time in the United States, are among the crews that take over a few minutes after takeoff and guide the aircraft during the mission.

Sitting in dark, air-conditioned booths at Creech Air Force Base in Nevada, pilots and sensor operators work closely with large teams of intelligence analysts who sift streams of real-time data transmitted by the drones on the other side of the planet.

While air strikes often grab the headlines, the vast majority of missions in Afghanistan involve hours of mind-numbing surveillance and intelligence gathering, crews say.

The most revolutionary aspect of unmanned aircraft, crews add, is the combination of weapons and surveillance capabilities, which often provide more information than analysts can process.

At Creech, crews handle nearly half of all the Air Force’s 60 global drone flights on any given day.

“For us it’s anything but a video game,” said Captain Tim, a pilot based at Creech, addressing one of the main criticisms leveled at the drone program. “From here you’re having an impact on the battlefield.”

(Editing by Mike Collett-White)

UPS backed Rwandan blood deliveries show drones’ promise

A Zipline delivery drone releases its payload midair during a flight demonstration at an undisclosed location in the San Francisco Bay

By Nick Carey

(Reuters) – International delivery company UPS is backing a start-up using drones in Rwanda to transport life-saving blood supplies and vaccines, underlining the wide potential for the unmanned aircraft and helping bring package delivery by drone to U.S. consumers a step closer.

U.S. companies are keen to use drones to cut delivery times and costs but hurdles range from smoothing communication between the autonomous robots and airplanes in America’s crowded airspace to ensuring battery safety and longevity.

As far back as 2013, online retailer Amazon said it was testing delivery using drones and Alphabet Inc’s Google has promised such a service by 2017. Leading retailer Walmart is also testing drones.

But UPS, Walmart, legal experts and consultants say overcoming U.S. regulatory hurdles and concerns over drone safety will require vast amounts of data from real-time use — with testing in the near-term limited to remote areas of the United States or in other countries.

UPS will provide a grant of $800,000 plus logistical support through the UPS Foundation to a partnership including Gavi, a group providing vaccines to poor countries, and robotics company Zipline International Inc for drone flights in Rwanda starting in August. The drones will deliver blood and vaccines to half the transfusion centers in the country of 11 million people, making deliveries 20 times faster than by land.

“Tens of thousands of hours of flight logged in an environment where it’s much easier” to operate will help make package delivery a reality in the United States, Zipline chief executive Keller Rinaudo told reporters at a presentation late last week.

The Federal Aviation Administration (FAA), which has adopted a step-by-step approach to drones, will soon release finalized rules for small drone use that will most likely limit their use to within the “visual line-of-sight” of an operator or observer.

“If you’re looking for an economically-efficient way to deliver packages, you’d be better off using a bicycle,” said Ryan Calo, an assistant law professor at the University of Washington specializing in robotics.

“NIGHTMARE SCENARIO”

The hurdles to using drones to deliver packages to consumers include technology, communication, insurance and privacy.

Questions remain about battery life and safety, especially after lithium-ion battery problems resulted in a fire on board a parked Boeing 787 in Boston in 2013.

Safe communication between drones and with airplanes in America’s busy airspace is years away. The National Aeronautics and Space Administration has been working on a drone traffic management system and will pass its research to the FAA in 2019 for further testing.

In the push for autonomous cars and trucks, companies like Google and Daimler have turned to individual states such as Nevada, which has issued licenses for testing on its roads. But the FAA controls all U.S. airspace, so permits on a state-by-state basis will not suffice for drone testing.

“You really do have to make sure the FAA is in the boat and we are really focused on that piece of it more than anything,” said Mark Wallace, UPS’ senior vice president for global engineering. As part of its strategy, UPS has invested in Boston-based drone manufacturer CyPhy Works Inc.

UPS will focus on projects like Rwanda and testing drones in remote U.S. areas in the near-term, he added.

Walmart said last year it plans to test drones for package delivery.

The retailer is “more likely to start with short hops” in rural areas, spokesman Dan Toporek said. “It has to happen a step at a time, which will teach us, and will provide insights to the FAA and the public on ‘this is how it could work.'”

Amazon did not respond to a request for comment. Google referred Reuters to previous statements that the company hopes to operate a delivery service by 2017.

Data from companies like No. 2 U.S. railroad BNSF, owned by Warren Buffett’s Berkshire Hathaway Inc, could also prove valuable, said Logan Campbell, chief executive of drone consulting firm Aerotas. BNSF has an exemption from the FAA to operate drones out of the line of sight along its rail network.

Campbell said while drone manufacturers would like to see the FAA move faster, the “nightmare scenario” would be if a drone crashed into a manned aircraft.

“We have to get this right,” he said. “If we move too fast and there’s an accident, it could ruin the entire industry.”

(Additional reporting by Deborah Todd in San Francisco; editing by Stuart Grudgings.)

FAA to Allow Drones to Fly over Public

Airplane flies over a drone during the Polar Bear Plunge on Coney Island in the Brooklyn borough of New York

WASHINGTON (Reuters) – A Federal Aviation Administration advisory panel on Wednesday recommended that regulators set new rules allowing drones to fly over members of the public if the aircraft meet new standards to minimize the danger of physical injuries from collisions.

A report issued by the 27-member panel, which included representatives from the drone, aviation and technology industries, recommended that the FAA limit the risk of serious injury to less than 1 percent but allow drone makers to determine whether their products meet the standard.

An FAA official said the agency will consider the panel’s recommendations as it crafts new regulations that could eventually allow commercial drone flights over people, an option that is vital to plans for package delivery services being pursued by online commerce companies Amazon.com and Alphabet Inc’s Google.

Commercial drone flights are largely banned in the United States. But the FAA is expected to issue final regulations later this year that would allow limited commercial drone operations. The first proposed rules allowing flights over people would emerge much later, said the FAA official, who declined to provide a timeline.

(Reporting by David Morgan; Editing by Jonathan Oatis)