Don't Allow Regulations to Impede Progress: New drone technology doesn't have to mean new, complicated state laws.

AuthorJohnson, Doug

When any innovative product comes to market, early adopters get excited about the range of features, while others are skeptical. The excitement over drones includes safer and more efficient infrastructure inspections, quick delivery of supplies and high-quality filming. But the popularity of the technology--the Consumer Technology Association projects U.S. sales to reach 3.4 million units in 2019, a 4 percent increase over last year--is leading policymakers to react by proposing drone-specific laws, even though they may impede innovation.

Consider cameras on mobile phones. In the early 2000s, concerns about invasions of privacy resulted in the devices being banned from some public places. In 2019, this sounds archaic, but not long ago it was a major issue. In 2003, the Sports Club chain of workout facilities prohibited all mobile phone use--not just the camera feature--outside of the main lobby, according to the Los Angeles Times.

In 2009, U.S. Representative Peter King, a Republican from New York, introduced the Camera Phone Predator Alert Act to require mobile phones with cameras to make an alerting sound when a picture was taken. Fortunately, the bill received no cosponsors and died in committee.

The increasing use of drones is creating regulatory deja vu, as many state and local regulators again feel the need to adopt technology-specific regulations. For example, many states are considering legislation to prohibit photography that may invade someone's privacy if a drone takes a photograph. The measures are well-intended, but CTA cautions against specifically targeting legislation at drones. The better approach is to adopt laws addressing certain conduct, regardless of the technology used to engage. CTA tracks states' drone policies in its U.S. Innovation Scorecard report, a biennial index that helps determine where tech innovation and entrepreneurs are supported by their state governments.

In addition to actions by state legislators, the Uniform Law Commission is considering draft legislation that would create...

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