New Hampshire bill proposes aerial photography ban
New Hampshire bill proposes aerial photography ban
Neal Kurk (R), member of the New Hampshire House of Representatives since 1986 has recently sponsored HB 619-FN to make aerial photography illegal in their state, which many are considering a look into the future. States are currently struggling with how to deal with advances in drone technology, particularly mini-drones, fueled by fears not only that the federal government is using drones on U.S. soil, but are using them abroad not only to take out terrorists, but suspected terrorists, even if American.
Much media attention has been showered on the topic, bringing light to the full array of uses, not just the CIA’s implementation of the technologies. According to Fox News, the Federal Aviation Administration has already granted 327 licenses, and it projects as many as 10,000 licensed systems by 2017.
New Hampshire’s proposed aerial photography ban states the following:
A person is guilty of a class A misdemeanor if such person knowingly creates or assists in creating an image of the exterior of any residential dwelling in this state where such image is created by or with the assistance of a satellite, drone, or any device that is not supported by the ground. This prohibition shall not apply where the image does not reveal forms identifiable as human beings or man-made objects. In this paragraph, “dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more individuals.
http://agbeat.com/business-news/aerial-photography-ban-proposed-for-all-but-government/
The bill is here:
http://www.nhliberty.org/bills/view/2013/HB619
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT prohibiting images of a person’s residence to be taken from the air.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Violation of Privacy; Prohibition on Aerial Images of Residence. Amend RSA 644
by inserting after paragraph IV the following new paragraph:
IV-a. A person is guilty of a class A misdemeanor if such person knowingly creates or assists in creating an image of the exterior of any residential dwelling in this state where such image is created by or with the assistance of a satellite, drone, or any device that is not supported by the ground. This prohibition shall not apply where the image does not reveal forms identifiable as human beings or man-made objects. In this paragraph, “dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more individuals.
2 Exception. Amend RSA 644 , V to read as follows:
V. Paragraphs I [and], II and IV-a shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I [and], II and IV-a intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.
3 Effective Date. This act shall take effect January 1, 2014.
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