Unmanned Aircraft Systems: Current Jurisdictional, Property, and Privacy Legal Issues Regarding the Commercial and Recreational Use of Drones

Abstract

In the FAA Reauthorization Act of 2018, Congress provided for GAO to study and report on federalism (federal and state jurisdiction) and personal privacy issues that have been raised in connection with the Federal Aviation Administration's ongoing development of a regulatory framework to safely integrate unmanned aircraft systems (UAS) - commonly known as drones - into the national airspace system. We analyzed the current state of the law, including the uncertainties, differing legal positions, and concerns raised about the current state of the law, based on our review of relevant legal authorities as well as the legal views of legal commentators and 66 government and non-government stakeholders we interviewed. As described in our report - which consists of a Correspondence and six detailed Appendices - the law on a number of key matters is in a state of flux. The federal government is still developing key aspects of its UAS requirements and there have been few court decisions to date addressing whether these requirements are consistent with statutory authorities. Consensus on the scope of federal and state authorities has been elusive among public and private stakeholders, and a task force of attorneys, established in 2017 by the Department of Transportation and now coordinating with the Department of Justice, is conducting an in-depth review of DOT's legal position regarding how federal preemption and other jurisdiction-related principles apply to the regulation of UAS. A number of stakeholders told us that additional clarity on these matters from Congress, FAA, or the courts would facilitate the successful integration of UAS into the national airspace system.

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Document Details

Document Type
Technical Report
Publication Date
Sep 16, 2020
Accession Number
AD1157166

Entities

People

  • Susan D. Sawtelle

Organizations

  • United States Government Accountability Office

Tags

Communities of Interest

  • Autonomy

DTIC Thesaurus Topics

  • Best Practices
  • Civil Rights
  • Commerce
  • Congress
  • Governments
  • Law
  • Local Governments
  • Low Altitude
  • National Governments
  • Privacy Rights
  • Property Rights
  • State Governments
  • State Law
  • United States
  • United States Government
  • Unmanned Aerial Systems
  • Unmanned Aerial Vehicles

Readers

  • Government and Public Administration Law.
  • Unmanned Aerial System (UAS) Autonomous Capabilities and Mission Reconnaissance.

Technology Areas

  • Autonomy
  • Space