Congress has directed the Secretary of Defense to report on the handling of surveillance data collected by military unmanned aerial systems operating in domestic airspace. A provision in the 2013 continuing appropriations conference bill approved by the House yesterday explained:
“The conferees are aware of concerns that have been raised regarding the use of unmanned aerial vehicles (UAV) and their sensors in domestic airspace. The conferees understand that the Air Force has policies and procedures in place governing the disposition of UAV collections that may inadvertently capture matters of concern to law enforcement agencies. These policies and procedures are designed to ensure constitutional protections and proper separation between the military and law enforcement. However, it is unclear if other Services and Defense agencies have similar policies and procedures in place, or if these policies and procedures need to be revised or standardized. Therefore, the conferees direct the Secretary of Defense to report to the congressional defense committees on the policies and procedures in place across the Services and Defense agencies governing the use of such collections and to identify any additional steps that need to be taken to ensure that such policies and procedures are adequate and consistent across the Department of Defense. This report shall be submitted not later than 90 days after the enactment of this Act.”
The use of unmanned aerial systems for surveillance and targeted killing of American citizens has galvanized political attention to a degree that seems wildly out of proportion to the objective data that are available. But that political attention itself creates a new objective reality.
Sen. Rand Paul conducted a nearly 13 hour filibuster on the Senate floor yesterday in an effort to compel an official answer to the question of whether non-combatant U.S. citizens could be lethally targeted by drone in the United States. (The answer, the attorney general said today, is no.) The text of the marathon floor discussion, which included many interesting and substantive points, is available here:
On Tuesday, a bill was introduced by Rep. Austin Scott (R-GA) “to protect individual privacy against unwarranted governmental intrusion through the use of the unmanned aerial vehicles commonly called drones” (HR 972).
Dan Mayfield, Reporter-
On Wednesday morning, the “informed consent bill” regarding Spaceport America passed the New Mexico Senate unanimously. The vote was 34-0, said Virgin Galactic spokesman Tom Carroll. More…
The U.S. Congress has directed the United States Secretary of Transportation, in consultation with the aviation industry and Federal agencies that use unmanned aircraft systems (UAS), to develop a comprehensive plan to integrate UAS into the U.S. National Airspace System (NAS). The plan must address a wide variety of subjects including, but not limited to, definition of acceptable standards; requirements for operators and pilots; and a realistic time frame for UAS integration into the NAS. Integration is required “no later than September 30, 2015”.
Consequently, there is currently a robust debate about how this plan should be formulated and what it should ultimately contain. Although there are many important aspects to the debate, two of the central issues are safety and privacy. Safety issues include incorporating aspects of the Visual Flight Rules including “see and avoid” into the UAS plan. The U.S. Department of Transportation/Federal Aviation Administration has a long track record regarding promulgating and implementing safety regulations. It is reasonable to expect a successful continuation of that record. However, privacy is new. Privacy promises to raise novel issues of great interest to professionals and the public alike. Commentators on the political right and left and in the technology community are already engaged in vigorous discussion. Any issue addressed from so many diverse quarters portends to be a major one.
The National Center for Remote Sensing, Air and Space Law offers this publication as a service to inform the debate. It contains a variety of documents including a number of pending bills intended to address various aspects of UASs. It should be anticipated that going forward, many of the documents in this publication will either change or become obsolete. Nonetheless, they represent the state of the art of the current dialogue and will provide the reader with an entry position to this fast-paced, dynamic subject.
The National Center for Remote Sensing, Air and Space Law at the University of Mississippi School of Law
The JOURNAL OF SPACE LAW
International Institute of Space Law
The 7th Eilene M. Galloway Symposium on Critical Issues in Space Law:
Global and Regional Space Organizations and the Law
December 6, 2012 8:30 AM – 4:00 PM
Cosmos Club, Washington D.C.
08:30 – 09:00 Registration and Sign-In
09:00 – 09:15 Welcome and Introduction
Prof. Joanne Irene Gabrynowicz, Director, National Center for Remote Sensing, Air, and Space Law, Univ. of Mississippi; Director, IISL (confirmed)
Asst. Prof. Tanja Masson-Zwaan, President, IISL, International Institute of Air & Space Law, Leiden University (confirmed)
Dr. Jonathan F. Galloway, Prof. of Politics, Emeritus, Lake Forest College Summary: Eilene Galloway’s 1965 U.S. Senate Staff Report, “International Cooperation and Organization for Outer Space” (confirmed)
9:15 – 10:00 Keynote
William H. Gerstenmaier, Associate Administrator for Human Exploration and Operations, NASA (confirmed)
10:00 – 11:00 Founding Agreements of Regional and Global Space Organizations
Moderator: Joanne Irene Gabrynowicz
Panelists: The European Space Agency (ESA), Marco Ferrazzani, ESA Legal Counsel, Head of Legal Department, European Space Agency Headquarters (confirmed)
The Asia Pacific Space Cooperation Organization (APSCO), Dr. Guoyu Wang, Deputy Dean, Institute of Space Law of Beijing Institute of Technology (invited)
UN Committee on the Peaceful Uses of Outer Space, Tare Brisibe, Chair UNCOPUOS Legal Subcommittee (confirmed)
11:00 – 11:20 Break
11:20 – 12:20 Legal Aspects of Organizations with a Space Component
Moderator: Tanja Masson-Zwaan
Panelists: The Group on Earth Observations (GEO), Barb Ryan, Director General, GEO (confirmed)
From Outer Space to Cyberspace: the Evolution of the GEO Datasharing Principles and their Application” Paul F. Uhlir, Director, Board on Research Data and Information, U.S. National Academies, Washington, DC. (confirmed)
The International Telecommunication Union, (ITU) Yvon Henri, Chief, Space Services Dept. Radiocommunication Bureau, (confirmed)
12:20 – 1:45 Lunch
1:45 – 2:45 Restructured Organizations: From the Cold War to the Era of Globalization
Moderator: Tanja Masson-Zwaan
INTERSPUTNIK OSC, Elina Morozova, Head of International and Legal Service, (confirmed)
INMARSAT, Chris Murphy, Senior Director, Government Affairs, (confirmed)
Intelsat General, Richard DalBello, V.P. Legal and Government Affairs (confirmed)
International Telecommunications Satellite Organization (ITSO); International Mobile Satellite Organization (IMSO); and EUTELSAT, Jose Toscano, ITSO Director General (confirmed)
2:45 – 3:00 Break
3:00 – 4:30 Practitioners’ Roundtable: Working With and Serving the Day-to-Day Legal Needs of Regional and Global Space Organizations
Moderator: Prof. Joanne Irene Gabrynowicz
Panelists Marco Ferrazzani, ESA Legal Counsel, Head of Legal Department, European Space Agency Headquarters (confirmed)
Tare Brisibe, Chair LSC UNCOPUOS (confirmed)
E. Jason Steptoe, Associate General Counsel. International Law Practice Group, NASA Headquarters, Washington, DC (confirmed)
Stephen E. Smith, Sherman & Howard, Space Law Practice Group Co-Chair (confirmed)
Volume 38 No. 1 of the JOURNAL OF SPACE LAW is now available. This volume of the JOURNAL OF SPACE LAW has a memorial to the late Carl Q. Christol and features members of the new generation of space lawyers addressing long-standing questions in space law. It also has articles explaining two of the most recent developments in space law: the establishment of the Mexican Space Agency and the the Permanent Court of Arbitration Optional Rules for Arbitration of Disputes Relating to Outer Space Activities. The later is was written by H.E. Judge Fausto Pocar of the Permanent Court of Arbitration. To learn more about the volume’s contents, please read the Foreword.
Legislation would expand U.S. Supreme Court ruling prohibiting GPS tracking of suspects’ vehicles without warrant
By Jaikumar Vijayan
The California State Assembly Wednesday voted to approve legislation that would prohibit state law enforcement personnel from obtaining location data from an individual’s GPS-enabled mobile devices without a warrant.
The bill still requires approval by the State Senate and the signature of California Gov. Jerry Brown, who vetoed an earlier, broader version of the legislation last year. More…
Secure World Foundation and Space Foundation will co-host a Congressional briefing to discuss current international initiatives aimed at outer space security and sustainability. This luncheon panel discussion will feature leading defense and industry perspectives and take place on Tuesday, August 21, 2012, from 11:30am to 1:00pm in Rayburn House Office Building, Room 2325.
– Brendan Curry, Vice President of Washington Operations, Space Foundation
– Tiffany Chow, Program Manager, Secure World Foundation
– Sam Black, Director of Policy, Satellite Industry Association (SIA)
– Peter Marquez, Vice President of Strategy and Planning, Orbital, Former White House Space Policy Director
– Jessica Powers, Director for Engagement, Office of the Deputy Assistant Secretary of Defense (Space Policy), U.S. Department of Defense
– Frank Slazer, Vice President for Space Systems, Aerospace Industries Association (AIA)
– Victoria Samson, Washington Office Director, Secure World Foundation
Lunch will be served. RSVP is required. Please RSVP by Friday, August 17, here:http://secureworldfoundation.wufoo.com/forms/m7p7a7/