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Category Archives: Drones

Posted in Cybersecurity, Data Protection & Privacy, Drones, Internet, Policy & Regulation, Technology Photo of Mark Parsons

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in a number of jurisdictions towards data localization requirements driven more by “cyber sovereignty,” national security considerations, and protectionist impulses than data protection considerations. Restrictions on the collection and free use

Posted in Data Protection & Privacy, Drones, Internet, Policy & Regulation, Spectrum, Technology Photo of Michele FarquharPhoto of Timothy TobinPhoto of Mark Parsons

The Internet of Things Webinar Series: 2018 in a nutshell and what 2019 has in store for IoT

On 18th December we hosted the final instalment in our Internet of Things Webinar series for 2018 (more to come in 2019!). Michele Farquhar, Tim Tobin, Mark Parsons, and Valerie Kenyon provided a round-up of the hot topics from 2018, including key regulatory and legal developments in the U.S., Europe, and Asia, in areas such as connected vehicles, drones, smart phones, medical devices, and many more. They also provided an insightful look into what developments and changes 2019 has in store. Please click here to listen to the webinar recording.

Posted in Drones Photo of Lisa Ellman

Internet of Things Webinar Recording – Drone Fever: Is your business ready?

In the most recent program part of the Internet of Things Webinar (IoT) Series, speakers Lisa Ellman, Gretchen West, and Matt Clark held a close lens to the exciting topic of unmanned aircraft systems (UAS) or so-call “drones.” As one of the most evolving subjects in the IoT space, audience members were given an insightful and comprehensive look at the significant legal and regulatory issues surrounding the use of commercial drones. The speakers leveraged their diverse industry knowledge and experience to touch on key points, including: The opportunities and benefits

Posted in Drones Photo of Mark BrennanPhoto of Lisa EllmanPhoto of Trey Hanbury

No Fly Zone: FCC Proposes $2.8 Million Penalty for Marketing Non-Compliant Drone AV Accessories

The Federal Communications Commission is proposing to bring a $2.8 million penalty against HobbyKing for marketing drone-attachable audio/video (AV) transmitters that operate on unauthorized frequencies. For marketers and retailers of unmanned aircraft systems (“UAS”) and attachable devices, this penalty signals that the FCC is cracking down on the makers and marketers of noncompliant UAS and UAS-attachable devices. This penalty also serves as a reminder to operators, who are required to have an FCC license to operate a drone, even if it only operates on amateur frequencies. According the FCC’s Notice of

Posted in Drones, Policy & Regulation, Technology Photo of Lisa Ellman

The Internet of Things Webinar Series: Drone fever: Is your business ready?

We are pleased to invite you to the next webinar in our Internet of Things series, focusing on unmanned aircraft systems (UAS) or so-called “drones.” Exploring what is perhaps one of the most dynamic and evolving topics in the IoT space, this webinar promises to be a timely and engaging discussion among attendees. From public safety and disaster response to the infrastructure, film and media industries and beyond, drone adoption by commercial enterprises worldwide continues to grow exponentially. Join Lisa Ellman, Gretchen West, and Matthew Clark as they hold a

Posted in Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), Drones, Internet, Policy & Regulation, Technology, Telecoms & Broadband Photo of Peter WattsPhoto of Winston MaxwellPhoto of Michele Farquhar

TMT Horizons 2018

2018 will be another dramatic year for TMT. Our job is to help TMT businesses to chart a course through by bringing together the insights of over 800 lawyers who focus on the sector across six continents. That is why we have asked some of our top thinkers globally to provide a snapshot of their vision for the coming year. A single publication cannot analyze every issue in detail – we do that elsewhere. But we hope this will help you to plot some key features on the map of

Posted in Drones

DC Court of Appeals Strikes Down FAA Drone Registration Rule for Hobbyist

In a ruling issued last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated the FAA’s Registration Rule for small unmanned aircraft systems (UAS or drones) that are operated for recreational purposes, otherwise known as “model aircraft.” If the ruling stands, hobbyist and recreational drone enthusiasts will no longer be required to register their drones with the FAA.  The ruling does not affect existing requirements for commercial operators to register their UAS with the FAA. In response to news events involving careless operators misusing drones, including crashes

Posted in Drones Photo of Falk Schoening

New EASA Consultation: Are Drone Pilots Heading for a Period of Regulatory Turbulence?

On 12 May 2017 the European Aviation Safety Agency (“EASA“) opened a consultation into sweeping new regulations on the operation of unmanned aircraft systems (“UAS” or drones) in European airspace. Individuals and companies that are interested in the future of UAS operations in the European Union (“EU”) should carefully review the Notice of Proposed Amendment and consider participating in the review process by submitting comments and letting EASA know their views on all aspects of the proposed regulations. Under the current regulations, EASA only regulates large UAS with a maximum take-off

Posted in Drones, Policy & Regulation Photo of Falk SchoeningPhoto of Christian Ritz, LL.M. (USYD)

Sky full of drones – Germany opens up for new drone opportunities as it introduces its new UAS Regulation

Germany has introduced a new “Regulation for the Operation of Unmanned Aircraft Systems” (“Drone-Regulation“). On 7 April 2017, the new Drone-Regulation entered into force adapting national legislation to the risk-based approach of the European Union and setting the way for innovative technologies. However, the new rules also contain identification and qualification obligations as well as strict authorisation requirements for specific operations of Unmanned Aircraft Systems (“UAS”). Some aspects of Germany’s new UAS regulations parallel the Federal Aviation Administration’s (“FAA”) Small UAS Rule (Part 107) that went into effect in the

Posted in Drones, Policy & Regulation Photo of Peter Watts

Plotting the UK’s drone future

With drones appearing under many a Christmas tree this year and growing estimates of the industry’s importance, the UK’s Department of Transport launched a review of the regime governing their use. The “Consultation on the Safe Use of Drones in the UK” looks at the most effective ways of balancing the UK’s aim to be a leading UAV innovator with the need to increase both the accountability of drone users and awareness of regulation. The UK’s development friendly environment has already attracted some major players but, as the popularity of

Posted in Drones, Policy & Regulation Photo of Lisa EllmanPhoto of Patrick R. RizziPhoto of E. Tazewell Ellett

Big News: Proposed Small UAS Rule for Flights Over People at White House for Review

White House Open to Stakeholder Meetings about Drone Operations Over People In a major new development, the Federal Aviation Administration (FAA) has just sent to the White House Office of Information and Regulatory Affairs (OIRA) the proposed rulemaking for performance-based standards and means-of-compliance for the operation of small unmanned aircraft systems (UAS, or “drones”) over unsheltered people not directly participating in the operation. This is big news and an important step in moving drone policymaking forward. As most of you likely know, the current Part 107, which went into effect

Posted in Drones, Policy & Regulation Photo of Falk Schoening

The European Parliament pushes for an EU-wide regulation for UAS

The split of competences between the European Union (“EU”) and its Member States has been a point of friction in the setting out of the future European rules on unmanned aircraft system (“UAS”). In December 2015, the European Commission advocated in its Aviation Strategy for the need for a common regulatory framework across the EU to ensure a single European UAS market. The European Aviation Safety Agency (“EASA”), headquartered in Cologne (Germany), would play a crucial role in defining the common European standards. On 10 November 2016, the European Parliament’s Committee

Posted in Drones Photo of Lisa EllmanPhoto of Patrick R. Rizzi

Part 107 Progress Report: How’s It Going?

It’s now been over two months since Part 107, the Federal Aviation Administration’s (FAA) new rule for the first time broadly authorizing commercial drone operations in the United States, went into effect.  The commercial drone industry has hailed the rule as a critical step forward, and indeed it is.  Drone operations that comply with the rule’s flight restrictions – including generally traveling no higher than 400 feet, within visual line of sight, away from people and during daytime hours – can now benefit a range of industries in innovative ways. But the

Posted in Drones, Policy & Regulation Photo of Lisa EllmanPhoto of Patrick R. Rizzi

Drones on Campus: Navigating the FAA’s New Small UAS Rule

On September 21, Hogan Lovells’ Unmanned Aircraft Systems lawyers Lisa Ellman, Patrick Rizzi, Matthew Clark, and Elizabeth Meer presented a webinar on Drones on Campus: Navigating the FAA’s New Small UAS Rule. Colleges and universities across the country are finding new and innovative ways to use unmanned aircraft or “drones.” To name just a few, higher education institutions are using drones to support research and learning in areas like precision agriculture, wildlife habitat monitoring, and aerial surveying and mapping. They are using drones to film football practices, inspect their infrastructure,

Posted in Drones Photo of Federico Hernández Arroyo

New Drone Regulations in Mexico

On May 31, 2016, the Mexican Civil Aviation Authority (DGAC) issued a new mandatory circular CO AV-23/10 R3 (the Circular) applicable to all Remotely Piloted Aircraft Systems (RPAS).   The Circular updates and replaces the prior version published in 2015[1], considering the new international practices in the sector [in bracket we will highlight the main changes].   The Circular is applicable to: 1.- All individuals and entities that intend to operate or currently operate RPAS; 2.- All manufacturers, importers and distributors of RPAS [new], and 3.-  All RPAS operating in Mexico,

Posted in Drones Photo of Lisa EllmanPhoto of Jared Bomberg

The Federal Aviation Administration’s De Facto Drone Privacy Standards

On August 29, 2016, the Federal Aviation Administration’s (“FAA”) long-awaited small unmanned aircraft systems (“UAS” or “drone”) rule went into effect, for the first time broadly authorizing commercial drone operations.  This is a positive step, as drones have great safety and efficiency benefits for the public.  Nevertheless, the American public remains concerned about drone privacy issues. The prevailing thinking among privacy watchers is that the FAA punted on the issue of drone privacy standards in the rule.  The rule does not include privacy-specific standards, and the FAA unequivocally stated that

Posted in Drones

Hogan Lovells assists CNN to become first US company granted right to fly Unmanned Aircraft Systems ‘over people’

Hogan Lovells announced on 29 August 2016, that it successfully assisted CNN in its receipt of a first of its kind waiver from the Federal Aviation Administration (FAA) to legally fly unmanned aircraft systems (UAS) across the country for news gathering and reporting activities ‘over people.’ CNN’s success comes at a critical moment for the UAS industry. Part 107 of the Small UAS Rule became effective — for the first time broadly allowing commercial use of UAS in the United States.  However, under the rule UAS flights directly over people are still prohibited

Posted in Drones Photo of E. Tazewell EllettPhoto of Lisa Ellman

US: A Historic Day for Commercial Drones: Part 107 Takes Flight

Until this week, any company looking to fly drones to enhance its business operations – whether for disaster response, infrastructure inspection, agriculture, newsgathering, filmmaking, aerial photography, or anything else – had to apply for a special exemption from the FAA. That “Section 333 Exemption” approval process was burdensome and costly, and constrained true expansion within the drone industry. That has changed effective August 29th. We have reached a milestone for the industry, as the final rule for the operation and certification of small UAS (Part 107) has officially gone into effect –

Posted in Drones Photo of Patrick R. Rizzi

Drones on Campus: FAA Opens Door to Expanded Student Drone Use in the Classroom

Colleges and universities across the country are finding new and innovative ways to use drones in the classroom.  To name just a few, institutions of higher education are using drones to support research and learning in areas like precision agriculture, wildlife habitat monitoring, and aerial surveying and mapping. While speaking at the AUVSI annual conference in New Orleans this morning, FAA Administrator Michael Huerta announced the release of a new Legal Interpretation that will expand the scope of permissible UAS operations by students and educational institutions.  The FAA’s principal conclusions

Posted in Drones, Policy & Regulation Photo of Lisa EllmanPhoto of E. Tazewell Ellett

Senate Advances FAA Reauthorization Legislation with Passage of Bill

The Federal Aviation Administration (FAA) Reauthorization legislation took a major step forward on April 19th as the Senate overwhelmingly passed its bill 95-3. Although it is only an 18 month bill (the measure authorizes FAA programs until Sept. 30, 2017), the bill includes many reforms that impact airlines, airports, aircraft manufacturers, unmanned aircraft systems (UAS) manufacturers and operators, and airline passengers. The bill aims to enhance airport security, and streamline the process for certifying new safety systems for aircraft. In addition, it seeks to increase consumer protections for passengers and

Posted in Drones Photo of Lisa Ellman

Big News: Small UAS Rule at OIRA for Final Review

In a major new development, the FAA has sent the Small UAS NPRM to the White House for a final interagency review.  This means that a final small UAS rule is coming soon – and that NOW is the last opportunity to influence the rule before it is released. Before any significant regulatory action takes effect, it first must go through a review process at the Office of Information and Regulatory Affairs (OIRA) at the White House.  OIRA is located within the Office of Management and Budget (OMB) within the

Posted in Drones Photo of Lisa Ellman

FAA Task Force Unveils Recommendations for UAS Flights Over People

Across the country and around the world, companies are more excited than ever about the benefits unmanned aircraft systems (UAS) can offer. This is evidenced by the large number of Section 333 Exemptions that have been authorized by the Federal Aviation Administration (FAA) —over 4,500 as of today. Last February the FAA published a Notice of Proposed Rule Making (NPRM) that will broadly authorize commercial operation of UAS. This is a very important step forward and we eagerly await final publication of the rule.  However, as currently drafted, the rule

Posted in Drones Photo of E. Tazewell EllettPhoto of Lisa Ellman

Russia Set to Mandate UAS Registration and Certification

Russia is set to mandate new UAS registration and certification requirements that will affect businesses using, manufacturing and/or importing UAS into Russia. Russia’s new federal law, “On introducing amendments to the Air Code of the Russian Federation regarding the use of unmanned aerial vehicles” became effective yesterday, March 30, 2016. The bill, which was signed into law December 30, 2015 by Russian President Vladimir Putin, mandates new requirements for the registration and certification of UAS (the bill refers to UAS as Civil Unmanned Aircraft or CUA). According to the bill,

Posted in Drones, Policy & Regulation

Moving UAS Policy Boundaries Forward: Flights Near People (Take-Two)

Last week the FAA announced the creation of a new aviation rulemaking (ARC) committee to study and recommend rules for authorizing some unmanned aircraft systems (UAS or drones) to fly over people.  The task force will be composed of various industry stakeholders, including UAS manufacturers, operators, academics and trade organizations.  The recommendations made by this task force, and the rules ultimately adopted by the FAA for operating UAS over people, could significantly affect not only how UAS are manufactured, but where and how commercial UAS operators can fly. In the FAA’s