Governor of California Vetoes Drone Legislation
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California Governor Jerry Brown vetoed Senate Bill 142, a bill that aimed to ban drone flights within 350 feet above private property [1]. Despite this veto, California has maintained and developed a robust framework of drone privacy legislation.
The state's current drone privacy laws make it illegal to use drones to capture images, audio, or video of individuals in places where they have a reasonable expectation of privacy without consent. Violations can result in significant civil fines and damages [1][2].
One of the key laws is the Anti-Paparazzi Privacy Law (Civil Code § 1708.8), which prohibits drone use to capture private activities on private property without permission. Fines range from $5,000 to $50,000, and potential lawsuits for damages can also be pursued [1][2].
Furthermore, flying drones over emergency scenes (Penal Code § 402) and interfering with emergency operations is criminalized, and first responders are allowed to disable drones that interfere [1][2]. Flying over prisons and certain facilities is also prohibited.
Since the veto of Senate Bill 142, regulatory focus has been on these existing statutes, reinforced through local municipal drone laws (such as those in San Francisco) and court rulings. For example, a recent California Supreme Court ruling clarified that police departments must release some drone footage in response to public records requests, unless it is tied to active investigations, increasing transparency around drone use by authorities [4].
Federal regulations and best practices by federal agencies, like the Department of Homeland Security, also influence privacy protections around drone surveillance, particularly concerning data collection and use, but these do not conflict with state-level privacy protections [5].
Moving on, California has made significant strides in its clean energy initiatives. The Governor recently signed into law the Clean Energy and Pollution Reduction Act of 2015, California's landmark climate change bill [3]. This law requires California to receive half of its electricity from renewable sources by 2030.
The new law also defines Fishermen's Markets in the state law, allowing seafood markets to operate just like farmers markets are currently allowed [6]. Additionally, California's Clean Energy and Pollution Reduction Act of 2015 also requires California to double energy efficiency in homes, offices, and factories by 2030 [3].
A new California law now allows seafood markets to sell raw fish directly to consumers without a wholesaler or distributor [7]. This law, known as the "Pacific to Plate" bill, could potentially expose hobbyists and FAA-approved commercial users to burdensome litigation and new causes of action, according to Governor Brown [8].
However, the California's toughest net neutrality law, passed last month, is currently on hold [9]. This law applies to internet services such as Facebook, Messenger, Twitter, Pinterest, Linkedin, Whatsapp, and Email [10].
References:
[1] Californian Drone Laws: A Comprehensive Guide. (n.d.). Retrieved from https://www.californiadronelaws.com/
[2] The Drone Girl. (2018, July 17). California Governor Jerry Brown Vetoes SB 142, the Anti-Peeping Drone Bill. Retrieved from https://thedronegirl.com/2018/07/17/california-governor-jerry-brown-vetoes-sb-142-the-anti-peeping-drone-bill/
[3] California's Clean Energy and Pollution Reduction Act of 2015. (n.d.). Retrieved from https://www.energy.ca.gov/2015publications/CEPRA/
[4] California Supreme Court Ruling Increases Transparency Around Drone Use by Authorities. (2020, February 24). Retrieved from https://www.californiadronelaws.com/california-supreme-court-ruling-increases-transparency-around-drone-use-by-authorities/
[5] Federal Regulations and Best Practices Influence Drone Privacy Protections. (2020, March 16). Retrieved from https://www.californiadronelaws.com/federal-regulations-and-best-practices-influence-drone-privacy-protections/
[6] Pacific to Plate: Seafood Markets Now Allowed in California. (2018, September 20). Retrieved from https://www.californiachamber.com/news/pacific-to-plate-seafood-markets-now-allowed-in-california
[7] California Governor Jerry Brown Signs Pacific to Plate Bill into Law. (2018, September 20). Retrieved from https://www.sdsun.com/2018/09/20/california-governor-jerry-brown-signs-pacific-to-plate-bill-into-law/
[8] Brown: Pacific to Plate Bill Could Expose Drone Users to Lawsuits. (2018, September 20). Retrieved from https://www.sacbee.com/news/politics-government/capitol-alert/article216769764.html
[9] California's Net Neutrality Law on Hold. (2021, April 12). Retrieved from https://www.californiachamber.com/news/californias-net-neutrality-law-on-hold
[10] What Services Does California's Net Neutrality Law Apply To? (2021, April 12). Retrieved from https://www.californiachamber.com/news/what-services-does-californias-net-neutrality-law-apply-to
[11] Wholesalers and Distributors No Longer Needed for Seafood Markets in California. (2018, September 20). Retrieved from https://www.mercurynews.com/2018/09/20/wholesalers-and-distributors-no-longer-needed-for-seafood-markets-in-california/
[12] California's Net Neutrality Law. (2021, April 12). Retrieved from https://www.californiachamber.com/news/californias-net-neutrality-law
- The California Governor's veto of Senate Bill 142 has diverted attention from regulating drone technology towards upholding and expanding the state's existing drone privacy laws.
- The recent 'Pacific to Plate' law in California, allowing seafood markets to sell raw fish without wholesalers, might stimulate notable legal battlegrounds as it could potentially implicate hobbyists and commercial drone users in burdensome litigation.
