Drone Fever and How to Treat It : OneBeacon Insurance Group LLC 1

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1 Drone Fever and How to Treat It 2017 : OneBeacon Insurance Group LLC 1

2 Drone Terms Department of Defense (DOD): Drone = Unmanned Aerial Veh (UAV) Powered aircraft with no onboard crew. Any size Federal Aviation Administration (FAA): Drone = Unmanned Aircraft Any size, winged or helicopter types FAA: UAS less than 55 pounds = suas Local governments use these. The focus of FAA drone regulations FAA: UA + all technology, crew to fly it (includes retrieval) and payload 2017 : OneBeacon Insurance Group LLC 2

3 Drones for Local Government policefoundation.org Majority of information taken from Community Policing & Unmanned Aircraft Systems 2017 : OneBeacon Insurance Group LLC 3

4 Drones for Local Government 2017 : OneBeacon Insurance Group LLC 4

5 Drones for Local Government 2017 : OneBeacon Insurance Group LLC 5

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7 How Are Drones Used? Law Enforcement Crime scene Surveillance Track/search Fire Department Wildfire Fire Ops support Fire growth Search Utility Inspections Electric pole Canal/levee/dam Emergency Management Pre-planning Survey Damage Rescue assist Other Property - Exterior Inspection Crowd Monitor Public Relation Photos Many other possibilities 2017 : OneBeacon Insurance Group LLC 7

8 Public Perception Watch out for the bottom four very controversial 2017 : OneBeacon Insurance Group LLC 8

9 Public Perception Why the big fuss by the public over drone use? Misunderstanding on use? Disagreeing on use? Trust of government? Privacy is the big issue! 2017 : OneBeacon Insurance Group LLC 9

10 Public Perception 2017 : OneBeacon Insurance Group LLC 10

11 Operational Potholes Use by Unauthorized Individuals extreme risk Your employees or outside group; does not matter don t do it o It s your FAA registration number, so your responsible (privacy and damage claims) Mission Creep used beyond the mission s intended scope Do a Pre-flight authorization document the intended use Do a Post-flight review flight path, distance, time, photos and results Law Enforcement most uses need a warrant If you identify a second illegal activity during flight to initial destination? o Separate warrant typically needed to execute ground search o New Mexico case going before State Supreme Court - watch Just flying around searching for illegal activity is generally called spying Incident/accident reconstruction does not need warrant. Do preflight 2017 : OneBeacon Insurance Group LLC 11

12 Operational Potholes Unintended consequences while conducting operations Privacy violations of non-targeted residence/business o Accidently captured image of someone (next building/window over) Observation of minors in pool (delete all non-case related pics/video) Damage to property of others or persons o Crashes are common Wind affects flight path Depth perception is an issue and made worse by decreased lighting Operating outside your certification and waivers According to the FAA this is a violation of law. Coverage may become unclear : OneBeacon Insurance Group LLC 12

13 Constitutional Issues and Drones Courts have limited experience with drones. May rely on decisions involving other technology. RXP Test: Do citizens have a reasonable expectation of privacy (RXP) in the space? (more on next slide) GPS Devices: Governed by the same statutes and case law as traditional electronic tracking devices. Warrant is likely needed. Thermal Imaging: Use of TI on a private residence is a search; requires a warrant. Data Interception: To intercept data without a warrant is wiretapping : OneBeacon Insurance Group LLC 13

14 Constitutional Issues and Drones Do citizens have a reasonable expectation of privacy (RXP)? Photo - Video Can object be seen by person standing in a public space? Yes No violation of RXP No Probably violates RXP Warrant likely required People on city streets do not have an RXP, but they do have an RXP in their homes. If state requires, obtain warrant when using suas over private property; always a smart move 2017 : OneBeacon Insurance Group LLC 14

15 Drone Equipment Packages Suppliers offer multiple options and equipment bundles. Be careful because utilization of them without a warrant (outside of training) might be against the law. Examples: Cameras basic HD; may include video Thermal imaging camera GPS units (if utilized for following a person or vehicle) Data Interception (stinger utilized to act as a temporary cell tower where all calls can be intercepted) For these reasons the drone needs significant security for storing : OneBeacon Insurance Group LLC 15

16 Build Community Support Police Foundation says these are essential building blocks Obtain training/skills to operate the suav (when to use, when to get warrant) Comply with the law Promote community understanding and support for your op s A pledge from every department to operate transparently policefoundation.org Policy and procedures establish these accountabilities but stringent oversight of these earns trust : OneBeacon Insurance Group LLC 16

17 Legislation For Drones Regulations Federal FAA State Local 2017 : OneBeacon Insurance Group LLC 17

18 FAA Regulations Federal Aviation Administration regulates: Unmanned Aircraft Systems less than 55 lbs.; Part 107, effective 8/29/16 Remote pilot certificate for small UAS Craft registration (numbers on craft) Requires a Certificate of Authorization (COA) for the entity; baseline is: o Less than 55 lbs. o Maximum altitude 400 o No night flying o No operation over people o Maintain direct line of sight, not from moving vehicle o Restricts flights near airports (various radius depending on airport size) o Each of these can be waived and it will appear on the COA 2017 : OneBeacon Insurance Group LLC 18

19 Policy Topics For Drones Definitions Aircraft specifications o Capture flight times and path o Shall not be armed Certification and Training (FAA COA + waivers + pilot certification) Operating Policy and Procedures o Identify suas supervisor(s) and who s next in line. Physical possession/store o Flight Authorizations - no flight occurs without written prior approval (emergencies OK) o Flight recap for every flight path, duration and deployed actions Data Retention per state guides; consult legal. Case non-relevant retention? Annual Report where and how drone has been used Power DMS UAV Model Unmanned Aerial Vehicle Policy, John Gordnier 2017 : OneBeacon Insurance Group LLC 19

20 Building Community Trust Begin community engagement very early on in policy development. o Community outreach and education is critical for success. o Talk about policies and prohibitions as well as community problem solving. Privacy is the issue! Protection of privacy is the key to public acceptance. Explain that outside of emergencies, warrants are typically needed for law enforcement use of drone. Non-case specific images are deleted within days. Maintain transparency with written flight requests, flight recaps and responses to freedom of information act requests. Police Foundation Community Policing & Unmanned Aircraft Systems (UAS) 2017 : OneBeacon Insurance Group LLC 20

21 Program Development Resources FAA - Getting Started high level summary of UA rules FAA Summary of sua Rule (part 107) FAA - Phone App maps your location and displays restricted space FAA - Law Enforcement Response Guidance for UAS - document Add Accident Reporting to Policy/Procedure (FAA guideline) Police Foundation Community Policing & Unmanned Aircraft Systems (UAS) Guidelines to Enhance Community Trust pg. reference Watch progress of Drone Aircraft Privacy and Transparency Act of : OneBeacon Insurance Group LLC 21

22 Questions? T h a n k y o u. Kenny Smith: kwsmith@onebeacongov.com : OneBeacon Insurance Group LLC 22