Drone Federalism: Civilian Drones and the Things They Carry

18 Pages Posted: 28 Apr 2013 Last revised: 29 Mar 2014

Margot E. Kaminski

Ohio State University (OSU) - Michael E. Moritz College of Law; Yale University - Yale Information Society Project; Yale University - Law School

Date Written: April 26, 2013

Abstract

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should be charged with establishing the necessary nationwide regulations to govern drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to the privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as to the potential axes of drone-related privacy regulations.

Keywords: Drones, Privacy, First Amendment

Suggested Citation

Kaminski, Margot E., Drone Federalism: Civilian Drones and the Things They Carry (April 26, 2013). 4 California Law Review Circuit 57 (2013) . Available at SSRN: https://ssrn.com/abstract=2257080

Margot E. Kaminski (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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