Message from the Chair: Droning on about Science & Technology . . . in a good way

I was tempted to see this as much more of a niche area until I started reviewing the statistics that appear in these articles. There’ll be nowhere to hide from drone-related law in years to come—it would be as if thirty-five years ago your Chair dismissed computer-based commercial transactions as a “niche area.”

Articles available for review at press time focus on the following:

Drone Law and Policy: Right around the time this issue hits newsstands, a new Part 89 in Title 14 of the Code of Federal Regulations (CFR) will go into effect, enabling the FAA and its security partners to track small drone flights by means of a “digital license plate.” A company called DroneUp has been leveraging existing regulations to deliver home COVID-19 test kits to Walmart customers in multiple jurisdictions.

Foreign Drones: Chinese-manufactured drones appear to have been drawing negative attention recently, based upon concerns that these vehicles might engage in data mining. This becomes a “thing” due to China’s “National Intelligence Law,” which requires companies domiciled in that country to cooperate with state intelligence operations. In the last three to four years, U.S. legislation and policies have reacted pointedly to this threat, and manufacturers in other foreign jurisdictions may soon receive similar scrutiny.

Drone Ethics: This is anything but an abstract notion. Amazon made its first drone delivery just over four years ago, other companies are thirsting to get into the game, and four out of five American customers surveyed indicated they would be “likely” to request drone delivery if they could get a package delivered within an hour. Anticipating a day that will surely come, the Department of Defense (DoD) has developed AI Ethical Principles that address responsibility, equity, traceability, reliability, and governability.

Drones and Privacy: Gone are the days when the criminal defense bar used to monopolize all the good Fourth Amendment action. Drone prices are decreasing, drone capabilities are increasing, and as usual the law—civil as well as criminal—is straining to keep pace. Based upon the incessant evolution of aerial information-gathering technology, such legislation as the pending California Privacy Rights Act (CPRA) is predicted to reflect a significantly more expansive take on “reasonable expectations.”

Drones at Sea: Let’s not forget about unmanned surface vehicles (USVs). By volume, 80% of global trade is transported by sea, and an analysis of insurance claims recently concluded that perhaps three-quarters of losses in this area primarily involve human error. Among the many sources of legal guidance that will impact maritime drone use are Customary International Law (CIL) and the United Nations Convention on the Law of the Sea (UNCLOS). Contrasting analyses of contractual parameters will affect it all.

I would be remiss if I failed to invite you to catch the SciTech Section’s CLE webinar “Trends in Cosmetics Litigation” on April 1 and our 6th Annual Internet of Things National Institute, which will be held virtually June 10–11. We keep adding more all the time, so please be sure to visit ambar.org/SciTech or contact me directly at (339) 200-9131, or at [email protected], if I can assist you in any way.