BILL ANALYSIS                                                                                                                                                                                                    Ó



                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                            2015 - 2016  Regular  Session


          SB 142 (Jackson)
          Version: January 26, 2015
          Hearing Date:  April 7, 2015
          Fiscal: No
          Urgency: No
          TH   
                    

                                        SUBJECT
                                           
                        Civil law:  Unmanned Aerial Vehicles

                                      DESCRIPTION  

          Existing law renders one liable for trespass if he or she  
          intentionally enters the land of another, and sets criteria for  
          measuring damages owing due to the wrongful occupation of land.   
          Existing law also provides that a person is liable for physical  
          invasion of privacy where one knowingly enters upon the land of  
          another without permission in order to capture recordings of  
          private activity.

          This bill would clarify that the operation of an unmanned aerial  
          vehicle below the navigable airspace overlying the property of  
          another without permission constitutes trespass, and that using  
          such a vehicle in trespass to capture images or recordings of  
          individuals engaged in personal or familial activities  
          constitutes physical invasion of privacy.

                                      BACKGROUND  

          The development of small unmanned aircraft systems - known  
          variously as "unmanned aerial vehicles," "remote piloted  
          aircraft," or simply "drones" - promises to transform the way  
          Californians interact with each other and their environment.   
          Just a few decades ago, small aircraft of this type were the  
          exclusive domain of hobbyists.  Within the last decade or so,  
          the public has become familiar with the military's use of  
          unmanned aircraft to accomplish certain mission objectives.   
          However, in December 2013 when Amazon.com, FedEx, and UPS  
          announced their plans to integrate unmanned aircraft into their  
          logistics and delivery services, the possibility of widespread  
          commercial adoption of this technology became clear.









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          At present, the use of unmanned aerial vehicles in the skies  
          over California is fairly restricted.  Congress effectively  
          closed the national airspace to commercial drone flights in the  
          Federal Aviation Administration (FAA) Modernization and Reform  
          Act of 2012.<1>  That Act established a framework for safely  
          integrating unmanned aircraft into the national airspace no  
          later than September 30, 2015.  The Act does, however, permit  
          certain commercial unmanned aircraft operations to take place  
          before the integration framework is implemented.  Section 333 of  
          the Act authorizes the Secretary of Transportation to establish  
          special interim requirements for the operation of these aircraft  
          by designated operators, provided the aircraft and their  
          operators meet certain minimum standards and have applied for a  
          commercial use exemption.  To date, a handful of commercial  
          operators have applied for, and received, permission to fly  
          commercial drones, including several film production companies,  
          construction, surveying, and inspection companies, and a number  
          of real estate firms.  The Act also sets out a separate interim  
          operation exemption for "public unmanned aircraft," allowing  
          public agencies like police departments to operate drones upon  
          application, provided the aircraft and their operators meet  
          certain minimum standards.<2>

          Unlike commercial drone operations, flying an unmanned aircraft  
          "strictly for hobby or recreational use" is allowed today so  
          long as the operator pilots the craft in accordance with  
          specific safety rules.<3>  As a result, private citizens are  
          piloting most of the drones one sees in California today.  The  
          Modernization and Reform Act's safety rules include a  
          requirement to operate these recreational aircraft "in  
          ---------------------------
          <1> H.R.658, 112th Congress (2011-2012).  In general, the FAA is  
          tasked with regulating aircraft operations conducted in the  
          national airspace under 49 U.S.C. Sec. 40103.  This authority  
          extends to unmanned aircraft operations, which, by definition,  
          are considered to be "aircraft."  (See 49 U.S.C. Sec.  
          40102(a)(6), which defines an "aircraft" as "any contrivance  
          invented, used, or designed to navigate, or fly in, the air.")

          <2> See Section 334 of the FAA Modernization and Reform Act of  
          2012.

          <3> See Section 336 of the FAA Modernization and Reform Act of  
          2012.









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          accordance with a community-based set of safety guidelines," but  
          the lack of more comprehensive rules establishing clear  
          boundaries for when, where, and how these craft are to be  
          operated has raised concerns.  (Id.)  Indeed, a recent poll  
          shows just how far this concern has permeated into the general  
          public.  According to Reuters, "[s]ome 73 percent of respondents  
          to [an online poll] said they want regulations for the  
          lightweight, remote-control planes," and "forty-two percent went  
          as far as to oppose private ownership of drones, suggesting they  
          prefer restricting them to officials or experts trained in safe  
          operation."  (Alwyn Scott, Americans OK With Police Drones -  
          Private Ownership, Not So Much: Poll  
           [as of Mar. 31, 2015].)  Even though  
          drone technology is in its infancy, there have already been  
          disputes between landowners who have used these machines to  
          traverse traditional boundaries, including a New Jersey man who  
          shot an aerial drone from the sky when it entered his land.   
          (See Steve Beck, New Jersey Man Accused of Shooting Down  
          Neighbor's Remote Control Drone  
           [as of Mar. 31, 2015].) 
          This bill would clarify that operation of an unmanned aerial  
          vehicle over the property of another without permission  
          constitutes trespass, and that using such a vehicle in trespass  
          to capture images or recordings may be a physical invasion of  
          privacy.

                                CHANGES TO EXISTING LAW
           
           Existing law  , the California Constitution, provides that all  
          people are by nature free and independent and have inalienable  
          rights.  Among these are enjoying and defending life and  
          liberty, acquiring, possessing, and protecting property, and  
          pursuing and obtaining safety, happiness, and privacy.  (Cal.  
          Const, art. I, Sec. 1.)

           Existing law  provides, for the breach of an obligation not  
          arising from contract (including trespass), the measure of  
          damages, except where otherwise expressly provided, is the  
          amount which will compensate for all the detriment proximately  
          caused thereby, whether it could have been anticipated or not.   
          (Civ. Code Sec. 3333.)









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           Existing law  provides that the detriment caused by the wrongful  
          occupation of real property is deemed to include the value of  
          the use of the property for the time of that wrongful  
          occupation, the reasonable cost of repair or restoration of the  
          property to its original condition, and the costs, if any, of  
          recovering the possession.  (Civ. Code Sec. 3334.)

           Existing federal law  defines "navigable airspace" as airspace  
          above the minimum altitudes of flight prescribed by federal law  
          and regulations, including airspace needed to ensure safety in  
          the takeoff and landing of aircraft.  (49 U.S.C. Sec.  
          40102(a)(32).)

           This bill  would state that a person wrongfully occupies real  
          property and is liable for damages if, without permission, he or  
          she operates an unmanned aerial vehicle below the navigable  
          airspace, as defined in paragraph (32) of subsection (a) of  
          section 42102 of title 49 of the United States Code, overlaying  
          the real property.

           Existing law  provides that a person is liable for physical  
          invasion of privacy when the defendant knowingly enters onto the  
          land of another person without permission or otherwise committed  
          a trespass in order to capture any type of visual image, sound  
          recording, or other physical impression of the plaintiff  
          engaging in a private, personal, or familial activity and the  
          invasion occurs in a manner that is offensive to a reasonable  
          person.  (Civ. Code Sec. 1708.8(a).)

           This bill  would state that a person knowingly enters onto the  
          land of another person pursuant to subdivision (a) of section  
          1708.8 if he or she operates an unmanned aerial vehicle below  
          the navigable airspace, as defined in paragraph (32) of  
          subsection (a) of section 40102 of title 49 of the United States  
          Code, overlaying the property.



                                        COMMENT
           
           1.Stated need for the bill  

            The author writes:









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            Existing law protects the privacy of California residents in  
            their homes both by prohibiting others from entering onto  
            private land without permission, and by prohibiting attempts  
            to capture images or recordings of individuals engaged in  
            personal or familial activities in situations where they have  
            a reasonable expectation of privacy.  This bill clarifies how  
            long-standing principles of trespass and privacy apply to  
            unmanned aircraft, also known as drones.

            Drone technology is exciting and offers great new commercial  
            and recreational opportunities for Californians.  But we need  
            to make clear what the rules are, and avoid situations where  
            people start crossing that line into someone else's private  
            space.  This bill clarifies and reinforces California's  
            existing law on trespass and physical invasion of privacy in  
            two important ways:

                 Trespass Includes Entry by Drone  : 
            First, this bill explicitly provides that operating an  
            unmanned aerial vehicle below the federal "navigable airspace"  
            overlaying the property of another constitutes trespass.  Just  
            as trespass occurs when one directs a remote controlled  
            vehicle onto another's property, this bill clarifies that  
            flying a drone in close proximity to another's land without  
            permission constitutes unauthorized entry.

                 Physical Invasion of Privacy Includes Use of Drones  :
            Second, this bill clarifies that committing trespass in order  
            to physically invade the property of another with the intent  
            of recording their private personal or familial activities  
            includes physical entry by a drone.  Just as taking  
            unauthorized pictures of an individual inside their home while  
            standing in their backyard violates their right to privacy,  
            this bill clarifies that directing a drone to do the same  
            thing without permission constitutes physical invasion of  
            privacy.

            Drones have a lot of potentially useful and extremely  
            innovative uses, but invading our privacy and property without  
            permission shouldn't be among them.  When we're in our  
            backyards, with our families, we have an expectation that we  
            have a right to privacy.  By extending the long-established  
            concepts of trespass and privacy to include drone operations,  









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            this bill brings these concepts into the 21st century.

           2.Property Right to Overlying Airspace  

          For the past several centuries, property law has mainly limited  
          its concern to events taking place at or below ground level.   
          California law generally reflects this focus on things  
          terrestrial, and existing laws pertaining to implied easements,  
          trespass, nuisance, and the like typically examine activities  
          taking place on the surface.  Consequently, existing law does  
          not clearly delineate the aerial boundary between private  
          property - where owners of land may ostensibly prohibit  
          unauthorized entry by drone - and public airspace.

          At common law, the maxim "cuius est solum, eius est usque ad  
          coelum" (whoever owns the soil, it is theirs up to heaven)  
          rendered all airspace above one's land as part of their estate.   
          With the advent of aircraft and air travel, the common law  
          understanding of property rights extending to the stratosphere  
          gave way to a belief that the public ought to be able to  
          traverse the skies as freely as they do the seas.  The case of  
          United States v. Causby (1946) 328 U.S. 256 formalized this new,  
          more limited understanding of aerial property rights.  In that  
          case, the U.S. Supreme Court recognized "that the airspace is a  
          public highway," but also held in unresolved tension that "it is  
          obvious that if the landowner is to have full enjoyment of the  
          land, he must have exclusive control of the immediate reaches of  
          the enveloping atmosphere."  (Id. at 264.)  The Court explained:

            [t]he landowner owns at least as much of the space above the  
            ground as he can occupy or use in connection with the land. .  
            . . While the owner does not in any physical manner occupy  
            that stratum of airspace or make use of it in the conventional  
            sense, he does use it in somewhat the same sense that space  
            left between buildings for the purpose of light and air is  
            used.  The superadjacent airspace at this low altitude is so  
            close to the land that continuous invasions of it affect the  
            use of the surface of the land itself.  We think that the  
            landowner, as an incident to his ownership, has a claim to it,  
            and that invasions of it are in the same category as invasions  
            of the surface.  (Id. at 264-65.)

          While recognizing the existence of these two competing  
          interests, the Court declined to delineate the boundary between  









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          public and private airspace.  (See Id. at 266 ["we need not  
          determine at this time what those precise limits are"].)   
          However, the Court did at least recognize on the facts  
          particular to that case that the Causby's property interests  
          were encroached upon by military aircraft flying 83 feet above  
          their land.  (Id. at 258.)  

          This bill attempts to clarify the boundary between where private  
          property rights end and the public servitude for air travel  
          begins.  Specifically, it would provide that operating an  
          unmanned aerial vehicle without permission below the "navigable  
          airspace" overlaying real property constitutes wrongful  
          occupation of real property.  Under federal law, "navigable  
          airspace" refers to the "airspace above the minimum altitudes of  
          flight prescribed by regulations under [the Federal Aviation Act  
          of 1958], including airspace needed to ensure safety in the  
          takeoff and landing of aircraft."  (49 U.S.C. Sec.  
          40102(a)(32).)  Though not precisely defined, "navigable  
          airspace" has until recently been thought of as generally  
          describing airspace beginning at a point higher than 400 feet  
          above ground level, as demonstrated in part by a 1981 FAA  
          Advisory (AC 91-57) pertaining to "Model Aircraft Operating  
          Standards," and such things as the FAA's regulations declaring  
          the minimum safe operating altitude for fixed-wing aircraft to  
          be 500 feet above ground level.  (See 14 C.F.R. Sec. 91.119(c).)  
           However, recent proposed rules pertaining to unmanned aircraft  
          operations suggest that the FAA may expand its definition of  
          "navigable airspace" to include all airspace above ground level.  
           (See FAA Notice of Proposed Rulemaking, Operation and  
          Certification of Small
          Unmanned Aircraft Systems, 80 Fed. Reg. 9544 (Feb. 23, 2015)  
          (proposing navigable airspace for drones between 0 and 500 feet  
          above ground level.)

          In order to clarify the altitude below which the provisions of  
          this bill would apply, and to correct a drafting error in a  
          citation to federal law, the author offers the following  
          amendments:

             Author's Amendments  :

            On page 2, line 5, following "she," insert "does any of the  
            following: (1)"










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            On page 2, line 8, strike "property" and insert "real  
            property; or"

            On page 2, between lines 8 and 9, insert "(2) operates an  
            unmanned aerial vehicle less than 350 feet above ground level  
            within the airspace overlaying the real property."

            On page 2, line 11, following "she," insert "does any of the  
            following: (1)"

            On page 2, line 13, strike "42102" and insert "40102"

            On page 2, line 14, strike "property" and insert "property;  
            or"

            On page 2, after line 14, insert "(2) operates an unmanned  
            aerial vehicle less than 350 feet above ground level within  
            the airspace overlaying the real property."

           3.California Trespass Law  

          As discussed in Comment 2, the U.S. Supreme Court has held that  
          an individual's property rights extend into the airspace  
          overlaying their land.  While this right is not absolute, it  
          does encompass one of the most basic of property rights -- the  
          right to exclude.  In California, the right to exclude is  
          maintained, in part, through laws providing remedies for civil  
          trespass.  Combining the concepts of aerial property rights and  
          civil trespass, the Restatement of Torts states that "a trespass  
          may be committed on, beneath, or above the surface of the  
          earth."  (Restat. 2d of Torts, § 159; see also McKenzie v.  
          Pacific Gas & Electric Co. (Cal.App.5th Dist. 1962) 200  
          Cal.App.2d 731, 737 (the placement of power lines overlaying  
          private property outside of an easement constitutes trespass).)   
          "The essence of the cause of action for trespass is an  
          "unauthorized entry" onto the land of another.  Such invasions  
          are characterized as intentional torts, regardless of the  
          actor's motivation.  Where there is a consensual entry, there is  
          no tort, because lack of consent is an element of the wrong."   
          (Civic Western Corp. v. Zila Industries, Inc., 66 Cal.App.3d 1,  
          16-17 (Cal.App.2d Dist. 1977).)  However, as it pertains to  
          trespass by airplanes, the Restatement qualifies its  
          pronouncement on aerial trespass, stating that "[f]light by  
          aircraft in the air space above the land of another is a  









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          trespass if, but only if, it enters into the immediate reaches  
          of the air space next to the land, and it interferes  
          substantially with the other's use and enjoyment of his land."   
          (Restat. 2d of Torts, § 159.)

          This bill, as proposed to be amended in Comment 2, clarifies  
          ambiguity surrounding what constitutes the "immediate reaches of  
          air space" and what "substantially interferes with the use and  
          enjoyment of land" by providing that wrongful occupation of real  
          property occurs when one operates an unmanned aerial vehicle  
          without the permission of the landowner less than 350 feet above  
          ground level within the airspace overlaying real property.  The  
          American Chemistry Council (ACC), in support, states:

            The proliferation of unmanned aerial vehicles has raised  
            questions about potential security threats to critical  
            infrastructure such as chemical plants, refineries, and  
            electricity generating facilities.  As states and the federal  
            government look to further regulate the use of unmanned aerial  
            vehicles, ACC feels it is necessary to ensure sufficient  
            protections are in place to prohibit the intentional use of an  
            unmanned aerial vehicle by a private party to conduct  
            surveillance of these types of facilities.

          As proposed to be amended, this bill will help ensure that  
          businesses are able to protect critical infrastructure like  
          chemical manufacturing plants by clarifying that these entities  
          have the right, as landowners, to exclude unmanned aerial  
          vehicles from the airspace immediately above their facilities.

           4.Measure of Trespass Damages
           
          The measure for trespass damages is given in Civil Code Section  
          3333, California's general measure of damages provision.   
          (Hawthorne v. Siegel (1891) 88 Cal. 159, 163.)  That section  
          provides "[f]or the breach of an obligation not arising from  
          contract [including trespass], the measure of damages . . . is  
          the amount which will compensate for all the detriment  
          proximately caused thereby, whether it could have been  
          anticipated or not.  (Civ. Code Sec. 3333.)  "When a breach of  
          duty has caused no appreciable detriment to the party affected,  
          he may yet recover nominal damages."  (Civ. Code Sec. 3360.)   
          When the person committing trespass receives an economic benefit  
          from the trespass, the measure of damages for the wrongful  









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          occupation of real property is deemed to include the value of  
          the use of the property for the time of that wrongful  
          occupation, the reasonable cost of repair or restoration of the  
          property to its original condition, and the costs, if any, of  
          recovering the possession.  (Civ. Code Sec. 3334.)

          Under this bill's provisions, a drone operator who flies their  
          aircraft without permission less than 350 feet over the property  
          of another could incur liability ranging from nominal damages to  
          the equivalent of unpaid rent that the landowner would otherwise  
          charge for entry onto his or her land with an aerial vehicle.   
          Additionally, an aggrieved landowner could, in some  
          circumstances, petition a court for an injunction or a  
          restraining order to prevent a drone operator from repeatedly  
          trespassing within the landowner's airspace.

          The CSAC Excess Insurance Authority, writing in opposition,  
          raises concerns about potential trespass liability resulting  
          from the use of unmanned aerial vehicles over private property,  
          and states:

            Unfortunately, SB 142 does not appear to take any of the  
            positive aspects of unmanned aerial vehicles into  
            consideration and, instead, creates liability for wrongful  
            occupation of real property anytime an unmanned aerial vehicle  
            flies over real property without first obtaining permission  
            from the owner of the real property.  The reality is that such  
            flyover would occur on almost all occasions when an unmanned  
            aerial vehicle is used as it would be difficult for the  
            operator of the vehicle to ensure that he or she is only  
            flying the vehicle over property owned by the entity that is  
            operating the vehicle.

          This concern over liability fails to take into consideration  
          that, under existing law, flying unmanned aerial vehicles over  
          private property without permission may already constitute  
          trespass, especially when such flights occur close to ground  
          level or occupied structures.  Rather than imposing additional  
          liability, this bill creates clear guidelines for drone  
          operators to avoid liability for trespass.  California law has  
          traditionally marked property boundaries with things like  
          fences, gates, and walls, but similarly clear boundaries do not  
          exist under laws pertaining to aerial trespass (discussed in  
                                                                  Comment 3 above).  This bill, as proposed to be amended in  









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          Comment 2, would create a clear boundary at the 350 foot level,  
          and would provide drone operators with a measure of certainty  
          not present in existing trespass law.

           5.Drone Operations on Public Land  

          On February 17, 2015, this Committee held an oversight hearing  
          on the subject of integrating unmanned aerial vehicles into  
          California's airspace.  During that hearing, managers of public  
          lands expressed a desire to be able to exclude drones from  
          flying over lands under their charge, stating that unrestricted  
          drone use in the skies overlying property under their care could  
          undermine resource values they are tasked with preserving.  As  
          an example of the problems drone use on public lands might  
          cause, witnesses mentioned instances where drone use by visitors  
          to the National Parks have threatened wildlife and risked  
          damaging natural features like geysers and thermal pools.  (See  
          Mike Koshmrl, Despite Ban in Parks, Drones Are in the Air  
           [as of Mar. 31, 2015].)  Indeed, the National Park  
          Service has responded by issuing a temporary moratorium on  
          private unpermitted drone use in National Park units until more  
          long-term regulations can be formulated.  (See Unmanned Aircraft  
          to be Prohibited in America's National Parks  
           [as of Mar. 31,  
          2015].)  More generally, witnesses stated that drone use in city  
          parks may present a safety risk to park visitors, especially for  
          aerial vehicles with exposed fast-moving components or operators  
          with insufficient training.  In a similar manner, witnesses  
          representing the public safety community testified that  
          unrestricted drone use over public lands hosting prisons, police  
          stations, and military installations, may threaten the security  
          of such facilities.

          While this bill does not address drone use on public lands  
          directly, staff notes that under existing law public land  
          managers, acting as representatives of the public, can already  
          use California's civil trespass statutes in the management of  
          public lands.  (See e.g. California v. Kinder Morgan Energy  
          Partners, L.P. (S.D. Cal. Jan. 25, 2013) 2013 U.S. Dist. LEXIS  
          10503, 52 (discussing application of California civil trespass  
          law to public land).)  It is therefore likely that, under  
          existing law, public land managers may already have the same  









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          authority as private individuals to close airspace under their  
          control to drone operations.  (See Comment 3 (discussing  
          aircraft trespass under existing law.)  As with private land,  
          this bill would help clarify the zone of airspace overlaying  
          public land subject to control by land managers.

           6.Physical Invasion of Privacy  

          The California Constitution provides that all people have  
          inalienable rights, including the right to pursue and obtain  
          privacy.  (Cal. Const. art. I, Sec. 1.)  Because of their  
          inherent maneuverability and the ease with which they may enter  
          spaces infeasible for manned aircraft, the growth of unmanned  
          aerial vehicle technology presents a challenge to maintaining  
          traditional boundaries that separate public and private spheres,  
          and to preserving the fundamental right to privacy in  
          California.

          Existing law, Civil Code Section 1708.8(a), creates a cause of  
          action for "physical invasion of privacy" where an individual  
          knowingly enters the land of another person in order to invade  
          his or her privacy by capturing a visual image, sound recording,  
          or other physical impression of that person engaging in a  
          personal or familial activity.  This bill would provide that a  
          person knowingly enters onto the land of another pursuant to  
          Section 1708.8(a) if he or she operates an unmanned aerial  
          vehicle below the "navigable airspace" overlaying the real  
          property, or if he or she operates an unmanned aerial vehicle  
          less than 350 feet above ground level within the airspace  
          overlaying the real property.

          As with aerial trespass, existing law in California is ambiguous  
          as to what qualifies as knowingly entering the land of another  
          when the activity occurs above ground level.  This bill would  
          clarify that ambiguity by specifying that knowingly entering the  
          land of another includes piloting a drone lower than 350 feet  
          above someone else's private property.  As a consequence, this  
          bill would allow an aggrieved party to bring an action for  
          physical invasion of privacy where a drone pilot uses an  
          unmanned aircraft to enter the property of another and record  
          that person's personal or familial activities.  In so doing,  
          this bill would strengthen the right to privacy California  
          residents enjoy while on their own property.










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           7.Constructive Invasion of Privacy  

          Existing law also protects the right of privacy from invasive  
          activities occurring outside one's property through the tort of  
          "constructive invasion of privacy."  Codified at Civil Code  
          Section 1708.8(b), this tort renders a person liable for  
          invasion of privacy when they attempt to capture, in a highly  
          offensive manner, any type of visual image, sound recording, or  
          other physical impression of another person in which that person  
          had a reasonable expectation of privacy, through the use of any  
          device, regardless of whether there was a physical trespass, if  
          the image or recording could not have been achieved without a  
          trespass unless the device was used.  Unlike physical invasion  
          of privacy which is premised on physical trespass, the tort of  
          constructive invasion of privacy requires a plaintiff to show  
          that his or her "reasonable expectation of privacy" has been  
          violated.  A constructive invasion of privacy claim may, for  
          example, be brought against a person who took photos of a  
          neighbor in a secluded portion of his or her property even  
          though the photographer never stepped foot onto that person's  
          private land.

          Some stakeholders have raised concerns that this bill does not  
          address the use of drones outside a property's overlying  
          airspace - such as on nearby public streets or adjacent property  
          - to observe or record private activities occurring on private  
          property.  As discussed above, California's existing tort on  
          constructive invasion of privacy likely captures these types of  
          activities, including operating a drone on a public street to  
          look over a tall backyard fence and see inside a house.

           8.Preserving Rights While Allowing for Innovation
           
          It is important to note that while the emergence of drone  
          technology presents some compelling public policy challenges,  
          this new technology could potentially revolutionize the way  
          Californians interact with each other and could transform  
          California's economy.  A report from Business Insider's  
          Intelligence Unit estimates that "[twelve percent] of an  
          estimated $98 billion in cumulative global spending on aerial  
          drones over the next decade will be for commercial purposes."   
          (Marcelo Ballve, Commercial Drones: Assessing The Potential For  
          A New Drone-Powered Economy  
           [as of Mar. 31, 2015].)  "While drones are unlikely to  
          become a part of our daily lives in the immediate future,"  
          Business Insider concludes that "they will soon begin taking on  
          much larger roles for businesses and some individual consumers,  
          from delivering groceries and e-commerce orders to  
          revolutionizing private security, to changing the way farmers  
          manage their crops - perhaps even aerial advertising."  (Id.)

          This bill seeks to balance privacy and property interests with  
          the need to create unrestricted space for drone operations, thus  
          ensuring that California will remain a participant in the new  
          drone-based economy.  Specifically, the author's amendments  
          offered in Comment 2 create a corridor for drone operations  
          between 350 feet and 500 feet above ground level, the latter  
          being the floor for manned aircraft operations under existing  
          FAA regulations.  Should the FAA authorize the commercial use of  
          drones in the United States, this bill would ensure that  
          California has designated airspace where commercial operators  
          could fly their unmanned vehicles.  Of course, just as under  
          existing law, property owners can give businesses permission to  
          come onto their private land, which means that, with landowner  
          permission (and FAA authorization), drone operators could in the  
          future be able to fly deliveries right to your doorstep.  Under  
          this bill, large property owners, like commercial farms, would  
          be free to deploy unmanned aerial vehicles across their land to  
          deliver pesticides or monitor crop conditions, and technology  
          companies like Facebook could use solar powered drones at the  
          appropriate altitude to provide internet connectivity to remote  
          areas.  (See Issie Lapowsky, Facebook Lays Out Its Roadmap for  
          Creating Internet-Connected Drones < http://www.wired.com/  
          2014/09/facebook-drones-2/> [as of Mar. 31, 2015].)   
          Additionally, this bill would ensure that hobbyists remain free  
          to fly drones for recreational purposes, either on their own  
          property, on public property where such activities are allowed,  
          or throughout an aerial corridor between 350 and 400 feet above  
          ground level.


           Support  :  American Chemistry Council; Privacy Rights  
          Clearinghouse; One Individual

           Opposition  :  CSAC Excess Insurance Authority

                                        HISTORY









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           Source  :  Author

           Related Pending Legislation  :

          SB 170 (Gaines, 2015) would provide that a person who knowingly  
          and intentionally operates an unmanned aircraft system below  
          "navigable airspace," as defined in federal law, overlaying a  
          state prison is guilty of a misdemeanor, and would also provide,  
          with certain exceptions, that a person who knowingly and  
          intentionally captures images or data of a state prison through  
          the operation of an unmanned aircraft is guilty of a  
          misdemeanor.  This bill is pending in the Senate Public Safety  
          Committee.

          SB 262 (Galgiani, 2015) would authorize law enforcement agencies  
          to use unmanned aircraft if the use of such aircraft complies  
          with protections against unreasonable searches guaranteed by the  
          United States Constitution and the California Constitution,  
          federal law applicable to the use of an unmanned aircraft system  
          by a law enforcement agency, and state law applicable to a law  
          enforcement agency's use of surveillance technology that can be  
          attached to an unmanned aircraft system.  This bill is pending  
          in the Senate Public Safety Committee.

          SB 271 (Gaines, 2015) would make it an infraction to operate an  
          unmanned aircraft on or above the grounds of a public school  
          providing instruction in kindergarten or grades 1 to 12.  
          Violators would face a fine of no more than $150 for the first  
          violation, and a fine of no more than $500 for each subsequent  
          violation.  This bill is pending in the Senate Public Safety  
          Committee.

          AB 14 (Waldron, 2015) would create the Unmanned Aircraft Systems  
          Task Force, which would be required to research, develop, and  
          formulate a comprehensive policy for unmanned aircraft systems  
          in California.  The task force would be required to submit,  
          among other things, a policy draft and suggested legislation  
          pertaining to unmanned aircraft systems to the Legislature and  
          the Governor on or before January 1, 2018.  This bill is pending  
          in the Assembly Transportation Committee.

          AB 56 (Quirk, 2015) would prohibit public agencies from using  
          unmanned aircraft systems, or contracting for the use of these  









          SB 142 (Jackson)
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          systems, with certain exceptions for law enforcement agencies  
          acting pursuant to a warrant and in certain other cases,  
          including when the use or operation of the unmanned aircraft  
          system achieves the core mission of the agency and the purpose  
          for use is unrelated to the gathering of criminal intelligence.   
          The bill would also require notice by public agencies intending  
          to deploy unmanned aircraft, would require images, footage, or  
          data obtained through the use of such aircraft to be permanently  
          destroyed within one year except as specified, and would  
          prohibit equipping unmanned aircraft with weapons.  This bill is  
          pending in the Assembly Public Safety Committee.

           Prior Legislation  :

          AB 1327 (Gorell, 2014) would have prohibited public agencies  
          from using unmanned aircraft systems, or contracting for the use  
          of these systems, with certain exceptions for law enforcement  
          agencies acting pursuant to a warrant and in certain other  
          cases, including when the use or operation of the unmanned  
          aircraft system achieves the core mission of the agency and the  
          purpose of use is unrelated to the gathering of criminal  
          intelligence.  The bill would have also required notice by  
          public agencies intending to deploy unmanned aircraft, would  
          have required images, footage, or data obtained through the use  
          of such aircraft to be permanently destroyed within one year  
          except as specified, and would have prohibited equipping  
          unmanned aircraft with weapons.  This bill was vetoed by  
          Governor Brown.

          SB 15 (Padilla, 2013) would have, among other things, required  
          law enforcement agencies to obtain search warrants when using  
          unmanned aircraft, and would have required that an application  
          for the search warrant specify the intended purpose for which  
          the unmanned aircraft would be used.  The bill would have also  
          restricted data collection by unmanned aircraft and would have  
          prohibited equipping unmanned aircraft with weapons.  This bill  
          died in the Assembly Public Safety Committee.

          AB 1524 (Waldron, 2013) would have required any entity that owns  
          or operates an unmanned aircraft to place identifying  
          information or digitally store identifying information on the  
          aircraft.  The bill would have exempted model aircraft, and  
          would have made a person or entity that violates its provisions  
          liable for a civil fine not to exceed $2,500.  This bill was set  









          SB 142 (Jackson)
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          for hearing in the Assembly Transportation Committee, but the  
          hearing was cancelled at the author's request.

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