Private domestic use of unmanned aerial vehicle: Is our legal system ready?

摘要

The research completed in this paper was to analyze the current language of the United States legal system, reviewing civil law and criminal law at the state and federal level. This analysis was first to determine how the current legal system is covers malicious use of private unmanned aerial vehicles (UAVs). Next, the research was to determine how civil law differed from criminal law in relation to the private use of UAVs. Lastly, the research hypothesizes how private UAVs will affect the United States legal system in the future. It was discovered that there are a growing number of legislative bills in congress and the senate now, including the Drone Reform Act, Drone Accountability Act, and Drone Aircraft Privacy and Transparency Act. None covers private use specifically, but some at the civil level and criminal level that possibly could, including tort trespassing, stalking, nuisance, and public distribution of private facts. United States Code title 18, crimes and criminal procedures, was analyzed for the federal portion of the research. Ohio state criminal code was used as the example for the state level. This was done in order to determine if the current language would be sufficient in covering UAVs. The results of the analysis for how UAVs could be sufficiently included in current laws were varied depending on whether a transportation method was specified in a crime or the phrase by any means was used. It was determined civil law is easier than criminal to include UAVs or change legislation relating to UAVs. Because it is easier to include UAVs in tort law, the technology will have less effect on civil law than criminal. Criminal law is more rigid at both the state and federal level so for those laws with specific methodology, it will have to change through the legislature. With the growing popularity of UAVs, reviews of legislation and court law will have to continue with the advancements in the technology.;Keywords: Cybersecurity, Christopher Riddell, Tim Sell.