Up In The Air: What Does New Anti-Drone Bill Mean for Gilmer Citizens?

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A recent Florida law may offer a solution for Gilmer County.Florida State Senate passed legislation last week restricting drone usage in the Sunshine State. Sponsored by Sen. Joe Negron (R), the bill restricts drone usage to law enforcement agencies only. If agencies are inclined to use drones to gather data, they first must obtain a warrant, with the exception of a credible terrorist attack. According to a Foxnews.com article, the FAA allowed Miami-Dade Police, Orange County and Polk County Sheriff’s offices to use drones in Florida. However, a legislative staff report states that Polk County stopped using drones earlier this year due to cost. The bill passed in the senate unanimously and the governor signed the legislation this week.

“I believe that privacy should be protected,”

Florida Governor Rick Scott said in a statement last week, adding,

“This law will ensure that the rights of Florida families are protected from the unwarranted use of drones and other unmanned aircraft.”

But, what does this mean for Gilmer County citizens? Could similar legislation in Georgia offer a solution to Gilmer’s current drone predicament?

“This is a decision that should be left to local communities for them to decide if this type of activity is welcome in their community or not,”

Georgia House Speaker David Ralston (R) said when asked if he would support drone legislation like the one Florida’s senate passed last week.

Early last month, Representing the Georgia Tech Research Institute, UNEQ Consulting CEO Mike Kennedy approached the Gilmer Airport Advisory Board, requesting the use of Gilmer’s airport as a drone testing site. He said the testing required the mountainous terrain of the area. But, Kennedy said drones would not use its cameras, nor fly over densely populated areas, and would be for civilian use only. According to Kennedy, the county would receive $500 a day for their troubles. According to the presentation made to the advisory board, though, the county will be paid

“$500 each day operations are conducted.”

So, what’s the selling point? Kennedy touts that UAVs are expected to become a multibillion dollar industry in America, creating jobs and economic impact. In fact, in his presentation to the advisory board he projected

“the economic impact of the integration of UAS (Unmanned Aircraft Systems) into the NAS (National Airspace) will total more than $13.6 billion in the first three years of integration and will grow sustainably for the foreseeable future (to) more than $82.1 billion between 2015 and 2025.”

Kennedy made his presentation to the airport advisory board, which then in turn made its recommendation in support of the program to the BOC. As such, the commissioners have yet to hear a presentation directly from anyone representing the Georgia Tech Research Institute.

In an April 10th press release, the Georgia Tech Research Institute (GTRI) boasted its Threat Unmanned Device Program.

“As part of its broad-based work in electronic-warfare technologies, the Georgia Tech Research Institute (GTRI) is developing integrated hardware devices that simulate sensors potentially present on enemy UAVs. The technology – produced by GTRI as part of its Threat Unmanned Devices Program – is expected to be used to gauge the effectiveness of U.S. countermeasures against enemy drones,”

the release said. Senior Research Engineer Doug Martin says GTRI’s integrated devices simulate three capabilities: an electro-optical infrared sensor package that includes thermal-imaging capability, other sensors that detect and analyze U.S. communication signals, and equipment capable of jamming U.S. weapons systems.

“Additional threat-simulation capabilities could be added in the future,”

Martin explained. GTRI has not returned FYN’s inquiries to confirm that Gilmer’s airport would be used for this program.

During a special called meeting this month the Gilmer BOC voted to table a decision on the program until it receives more information. Post 1 Commissioner Randy Bell says he needs more information to make an informed decision. Although he wouldn’t say if he would vote for the program or not once he receives more information, he notes that 23 states have restricted warrantless laws, like Florida’s recent senate bill. According to the presentation given to the airport advisory board, the county will be paid for the days drones fly and the contract will be for five years.

Bell was also concerned about federal involvement in the program, saying the FAA would take over the program as of December, if the county should approve the program. Notably, GTRI was designated a University Affiliated Research Center (UARC) by the Director of Defense Research and Engineering (DDR&E), Office of the Secretary of Defense (OSD) in 1995. UARCs are established by the Department of Defense

“to maintain essential research, development and engineering ‘core’ capabilities; maintain long-term strategic relationships with their DoD sponsors; and operate in the public interest, free from real or perceived conflicts of interest,”

according to GTRI’s website. Also, in February of 2012 Congress passed HR 658, the FAA Modernization and Reform Act, which would set up six U.S. regional sites. The purpose of the legislation is to integrate unmanned and manned aircraft into the same airspace, where drones must be integrated into airspace by October 1, 2015. Currently, no explicit rules exist for usage of airspace for drones. Congress approved 63.4 billion for the project.
Citizens too are concerned about having a drone test site in their own backyard. Specifically, they’re concerned about privacy violations, citing protections against such violations in the U.S. Constitution. This protection is found in the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Drones soaring over Gilmer County armed with cameras and microphones could conceivably collect data. As such, citizens fear this manner of data collection on private citizens without a warrant would be classified as illegal search. Another concern is that the drones would not only fly over Gilmer County, but surrounding counties as well, including neighboring Pickens and Fannin.

Although some state representatives and Governor Deal have been silent on the issue, Speaker Ralston said he would keep an eye on the topic.

“As well intentioned as this initiative may be,”

he said in a statement to FYN,

“I understand the privacy concerns expressed by some that must be considered. As the 2014 session approaches, I plan to pay close attention to what other states are doing to ensure that if this technology is employed, that it is done so in a responsible way that respects the privacy concerns and the property rights of all Georgians.”

Commissioner Bell confirmed that Georgia Tech Innovation of Aerospace Director Steve Justice is scheduled to meet with Bell and Post Two Commissioner Danny Hall next week to explain the benefits of the program to the county.

Until the board of commissioner makes a decision on the proposal, though, the drone issue is up in the air.

FYN will follow this story as it develops.

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