IN THE SENATE OF THE UNITED STATES
May 23, 2013
Mr. Udall of Colorado introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To prohibit the use of unmanned aircraft systems by private persons to conduct surveillance of other private persons, and for other purposes.
This Act may be cited as
Safeguarding Privacy and Fostering
Aerospace Innovation Act of 2013
Protection of privacy from surveillance by civil unmanned aircraft systems
Civil unmanned aircraft systems
262. Prohibition on surveillance using civil unmanned aircraft systems.
263. Identification of civil unmanned aircraft systems.
In this chapter—
the term civil unmanned aircraft system means an unmanned aircraft system that is not a public unmanned aircraft system;
the term governmental entity means—
an agency (as defined in section 551 of title 5);
an agency of a State; and
an agency of a unit of local government of a State;
the term public unmanned aircraft system has the meaning given the term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note);
the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands;
the term surveillance means observation of the activities of a person for the purpose of viewing, recording, or monitoring that person; and
the term unmanned aircraft system—
has the meaning given the term in section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note); and
does not include—
an unmanned aircraft system used in mapping or resource management; or
a model flying airplane that is used only for sport or recreational purposes.
Prohibition on surveillance using civil unmanned aircraft systems
It shall be unlawful for any person to use a civil unmanned aircraft system to willfully conduct surveillance of another person (referred to in this subsection as a targeted person).
Paragraph (1) shall not apply to the use of a civil unmanned aircraft system to conduct surveillance of a targeted person—
if the person conducting the surveillance obtains the prior express written consent of the targeted person;
in an emergency situation in which the life of an individual is threatened; or
if the targeted person is in a place of public use (as defined in section 2332f(e)) where surveillance would not be highly offensive to a reasonable person.
Any person who violates subsection (a)—
shall be fined not more than $10,000; and
in the case of a second or subsequent violation, shall be fined not more than $15,000.
Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a violation of subsection (a).
Identification of civil unmanned aircraft systems
The owner of a civil unmanned aircraft system shall clearly mark the civil unmanned aircraft system with the name, address, and telephone number of the owner.
Technical and conforming amendment
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.