Follow Patrick Linkedin Twitter Facebook
Email Patrick Email
Legal Issues
Nov 15, 2015

Proposed Federal Criminal Regulation Of Drone Operation

Sponsored Content provided by Patrick Mincey - Criminal Defense Attorney, Cranfill Sumner & Hartzog LLP

Virtually overnight, drone law has emerged as a new practice area, and I am increasingly engaged by individual entrepreneurs and businesses with a vast range of legal issues concerning drones. Legal questions surrounding licensing, liability, insurance and privacy are intertwined in this increasingly cheap and rapidly accessible technology. Many of the legal issues for businesses and their counsel to consider are industry specific, and the Federal Aviation Administration is moving, albeit slowly, to provide guidelines for those interested in drone use for commercial activity. However, one aspect of drone law that has not yet emerged at all and which will apply to all operators, regardless of their industry or business uses, is criminal regulation. That may soon change.
 
In early October, the United States Senate introduced a bill which would make it a misdemeanor for individuals to operate a drone within two miles of a fire, airport or other restricted space; in August, the House introduced a similar bill. The Safe Drone Act, introduced by Senator Barbara Boxer, is one of several moves that have recently been introduced behind a crescendo of complaints and concerns raised about risks from the reckless use of drones by unlicensed operators. In particular, the proposed legislation arises out of concerns over collisions with manned aircraft.
 
Anecdotally, there has been an increasing number of firefighter operations forced to suspend air operations in the western states out of concern for pilot safety. In one widely publicized event, firefighting teams became concerned after an incident earlier this year in San Bernardino County, California, when drones that were being used to record video allegedly interfered with planes trying to drop retardant on a fire. The FAA has recently said that the number of drone sightings that have been reported by airline pilots has risen from 238 in all of 2014 to 650 in the first half of 2015.
 
Currently, FAA regulations prohibit operating drones within five miles of airports. The FAA has recently moved for civil penalties in excess of $1 million against a company the FAA claims knowingly conducted 65 unauthorized operations in controlled airspace. Other efforts by the agency have included working with organizations on technologies that would prevent drones from entering airspace of sensitive installations and create “geofencing.” Criminal legislation like that proposed by Congress serves as an additional deterrent.
 
As the skies grow more crowded and drone use more widespread, civil and criminal exposure will only increase. It is imperative for commercial and individual drone operators to be aware of the statutory and regulatory schemes that are quickly evolving.  
 
Patrick Mincey is a trial lawyer in Wilmington, where he founded the Criminal Defense Group at Cranfill Sumner & Hartzog LLP. His criminal practice ranges from representing individuals and corporate clients who are targets, subjects or witnesses in federal and state white collar proceedings to “blue collar” defendants charged with murder, drug conspiracies and assaults. To contact Patrick Mincey, call (910) 777-6017 or email him at [email protected].
 

Wbj insights revised 0510 61715110749
Ico insights

INSIGHTS

SPONSORS' CONTENT
Mcwhorter 0005

The Ripple Effect of the Ocean Innovation Conference

Heather McWhorter - UNCW Center for Innovation and Entrepreneurship
Pfinder john zachary

Retirement Income Planning: Understanding the Trade-Offs

John B Zachary - Pathfinder Wealth Consulting
Jeffbourk2024highres1

ILM Insights – Part 2: Construction Update: Building ILM for the Future 

Jeff Bourk - Wilmington International Airport

Trending News

LINC Inc. Welcomes Four New Board Members

Staff Reports - Aug 4, 2026

Novant Health Acquires Wilmington Surgical Associates

Cierra Noffke - Aug 4, 2026

Legal Aid Of North Carolina To Relocate Wilmington Office

Cierra Noffke - Aug 3, 2026

Wellness Destination Slated For Former Lowe's Foods Site

Emma Dill - Aug 4, 2026

DiSisto Tapped As Executive Director Of BCC Foundation

Staff Reports - Aug 4, 2026

In The Current Issue

Creating Pathways To Eagles Island

“People drive across the bridge, and they see it, but they have no idea what’s there,” said Larry Sackett, president and chair of the board...


Wilmington's Writers Converge

While it may be best known as a summer destination, Wilmington has become a nesting place for artists and writers of all degrees, from creat...


Convenience Stores Expand Offerings

Some locally owned convenience stores in Wilmington have morphed into food and beverage destinations, including Bevvy Mart and Front Street...

Book On Business

The 2026 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2024 Power Breakfast: The Next Season