Unmanned Systems (UxS)

"It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or 'drones,' into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not include privacy provisions in its proposed rule on small UAS. […] There are two overarching privacy issues implicated by domestic drone use. The first is defining what 'privacy' means in the context of aerial surveillance. Privacy is an ambiguous term that can mean different things in different contexts. This becomes readily apparent when attempting to apply traditional privacy concepts such as personal control and secrecy to drone surveillance. Other, more nuanced privacy theories such as personal autonomy and anonymity must be explored to get a fuller understanding of the privacy risks posed by drone surveillance. […] The second predominant issue is which entity should be responsible for regulating drones and privacy. As the final arbiter of the Constitution, the courts are naturally looked upon to provide at least the floor of privacy protection from UAS surveillance, but as will be discussed in this report, under current law, this protection may be minimal. In addition to the courts, the executive branch likely has a role to play in regulating privacy and drones. While the FAA has taken on a relatively passive role in such regulation, the President's new privacy directive for government drone use and multi-stakeholder process for private use could create an initial framework for privacy regulations."

"This report assesses the use of drones under the Fourth Amendment right to be free from unreasonable searches and seizures. The touchstone of the Fourth Amendment is reasonableness. A reviewing court's determination of the reasonableness of a drone search would likely be informed by location of the search, the sophistication of the technology used, and society's conception of privacy in an age of rapid technological advancement. While individuals can expect substantial protections against warrantless government intrusions into their homes, the Fourth Amendment offers less robust restrictions upon government surveillance occurring in public places including areas immediately outside the home, such as in driveways or backyards. Concomitantly, as technology advances, the contours of what is reasonable under the Fourth Amendment may adjust as people's expectations of privacy evolve."

From the Summary: "Unmanned aircraft systems (UAS), often referred to as 'drones,' have become commonplace over the past few years. As UAS technology develops rapidly, the United States faces significant challenges in balancing safety requirements, privacy concerns, and economic interests. The FAA Modernization and Reform Act of 2012 (FMRA; P.L. 112-95) required the Federal Aviation Administration (FAA) to develop and implement a comprehensive plan to integrate unmanned aircraft into the national airspace and issue regulations governing the operation of small unmanned aircraft used for commercial purposes. FAA has proposed regulations allowing routine operations of small commercial UAS weighing less than 55 pounds, but is still developing the guidelines and standards for federal, state, and local government agencies required by FMRA. Hundreds of thousands of small UAS are already being operated as recreational model aircraft and hobby drones that are permitted under a special rule for model aircraft established by FMRA. In addition, several hundred public agencies and more than 3,000 businesses have been granted approval to operate UAS on a case-by-case basis. Once regulations and guidelines are put in place, large growth in UAS operations is anticipated."

"At the request of the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)), the Defense Science Board (DSB) conducted a study on the applicability of autonomy to Department of Defense (DoD) missions. The study concluded that there are both substantial operational benefits and potential perils associated with the use of autonomy. Autonomy delivers significant military value, including opportunities to reduce the number of warfighters in harm's way, increase the quality and speed of decisions in time-critical operations, and enable new missions that would otherwise be impossible. Autonomy is by no means new to the DoD. Fielded capabilities demonstrate ongoing progress in embedding autonomous functionality into systems, and many development programs already underway include an increasingly sophisticated use of autonomy. Autonomy also delivers significant value across a diverse array of global markets. Both enabling technologies and commercial applications are advancing rapidly in response to market opportunities. Autonomy is becoming a ubiquitous enabling capability for products spanning a spectrum from expert advisory systems to autonomous vehicles. Commercial market forces are accelerating progress, providing opportunities for DoD to leverage the investments of others, while also providing substantial capabilities to potential adversaries. This study concluded that DoD must accelerate its exploitation of autonomy--both to realize the potential military value and to remain ahead of adversaries who also will exploit its operational benefits."

From the Brief Synopsis on the Army War College (U.S.). Strategic Studies Institute website: "While supporters claim that drone warfare is not only legal but ethical and wise, others have suggested that drones are prohibited weapons under International Humanitarian Law (IHL) because they cause, or have the effect of causing, indiscriminate killings of civilians, such as those in the vicinity of a targeted person. The main legal justification made by the Barack Obama Administration for the use of armed drones is self-defense. However, there is ambiguity as to whether this argument can justify a number of recent attacks by the United States. In order to determine the legality of armed drone strikes, other factors such as sovereignty, proportionality, the legitimacy of individual targets, and the methods used for the selection of targets must also be considered. One justification for the ethical landscape is the reduced amount of collateral damage relative to other forms of strike. Real time eyes on target allow last-minute decisions and monitoring for unintended victims, and precise tracking of the target through multiple systems allows further refinements of proportionality. However, this is of little benefit if the definition of 'targets' is itself flawed and encompasses noncombatants and unconnected civilians. This monograph provides a number of specific recommendations intended to ensure that the benefits of drone warfare are weighed against medium- and long-term second order effects in order to measure whether targeted killings are serving their intended purpose of countering terrorism rather than encouraging and fueling it."

"The purpose of this Roadmap is to articulate a vision and strategy for the continued development, production, test, training, operation, and sustainment of unmanned systems technology across the Department of Defense (DoD). Recent combat operations in Southwest Asia have demonstrated the military utility of unmanned systems in today's combat environment and have resulted in the rapid integration of unmanned technologies into the joint force structure. This Roadmap establishes a vision for the next 25 years and outlines actions and technologies for DoD, industry, universities, and others to pursue to achieve the sustained, affordable, rapid integration and application of unmanned systems."

This is a "Memorandum for the Heads of Executive Departments and Agencies" on the use of Unmanned Aircraft Systems (UAS) in the United States written by President Barack Obama. From the document: "UAS technology continues to improve rapidly, and increasingly UAS are able to perform a variety of missions with greater operational flexibility and at a lower cost than comparable manned aircraft. A wide spectrum of domestic users -- including industry, private citizens, and Federal, State, local, tribal, and territorial governments -- are using or expect to use these systems, which may play a transformative role in fields as diverse as urban infrastructure management, farming, public safety, coastal security, military training, search and rescue, and disaster response. The Congress recognized the potential wide-ranging benefits of UAS operations within the United States in the FAA Modernization and Reform Act of 2012 (Public Law 112-95), which requires a plan to safely integrate civil UAS into the National Airspace System (NAS) by September 30, 2015. As compared to manned aircraft, UAS may provide lower-cost operation and augment existing capabilities while reducing risks to human life. Estimates suggest the positive economic impact to U.S. industry of the integration of UAS into the NAS could be substantial and likely will grow for the foreseeable future. As UAS are integrated into the NAS, the Federal Government will take steps to ensure that the integration takes into account not only our economic competitiveness and public safety, but also the privacy, civil rights, and civil liberties concerns these systems may raise."

"UASs [unmanned aerial system] are aircraft that do not carry a pilot aboard, but instead operate on pre-programmed routes or are manually controlled by following commands from pilot-operated ground control stations. Unauthorized UAS operations have, in some instances, compromised safety. The FAA [Federal Aviation Administration] Modernization and Reform Act of 2012 directed FAA to take actions to safely integrate UASs into the national airspace. In response, FAA developed a phased approach to facilitate integration and established test sites among other things. GAO [Government Accountability Office] was asked to review FAA's progress in integrating UASs. This report addresses (1) the status of FAA's progress toward safe integration of UASs into the national airspace, (2) research and development support from FAA's test sites and other resources, and (3) how other countries have progressed toward UAS integration into their airspace for commercial purposes. GAO reviewed and analyzed FAA's integration-planning documents; interviewed officials from FAA and UAS industry stakeholders; and met with the civil aviation authorities from Australia, Canada, France, and the United Kingdom. These countries were selected based on several factors including whether they have regulatory requirements for commercial UASs, operations beyond the view of the pilot, and whether non-military UAS are allowed to operate in the airspace. In comments on this report, the Department of Transportation noted that GAO did not address environmental considerations of UAS integration; such considerations were outside the scope of this report."

"The development of a new technology, significant improvement of a current technology, or the new application of an existing technology often results in concerns about the impact on individual privacy, civil rights, and civil liberties. The integration of government and commercial unmanned aircraft systems into the National Airspace System by 2015, as required by the Federal Aviation Administration Modernization and Reform Act of 2012, has prompted questions about how this might impact individual rights. In this regard, Officer for Civil Rights and Civil Liberties (CRCL), Chief Privacy Officer , and U.S. Customs and Border Protection (CBP) jointly established the DHS Unmanned Aircraft Systems Privacy, Civil Rights and Civil Liberties Working Group in September 2012 to 'provide leadership to the homeland security enterprise by clarifying the privacy, civil rights, and civil liberties legal and policy issues surrounding government use of [Unmanned Aircraft Systems].' The Working Group drafted the best practices. DHS publishes these best practices to inform DHS and our local, state, and federal government partners and grantees interested in establishing unmanned aircraft programs grounded in policies and procedures that are respectful of privacy, civil rights, and civil liberties. These best practices are not prescriptive, but represent an optimal approach to sustaining privacy, civil rights, and civil liberties throughout the lifecycle of an unmanned aircraft systems program. Although the intended audience is DHS and other government agencies, the private sector may also find these practices instructive in creating or operating unmanned aircraft programs."

"Since the early 1990s, unmanned aircraft systems (UAS) have operated on a limited basis in the National Airspace System (NAS). Until recently, UAS mainly supported public operations, such as military and border security operations. The list of potential uses is now rapidly expanding to encompass a broad range of other activities, including aerial photography, surveying land and crops, communications and broadcast, monitoring forest fires and environmental conditions, and protecting critical infrastructures. UAS provide new ways for commercial enterprises (civil operations) and public operators to enhance some of our nation's aviation operations through increased operational efficiency and decreased costs, while maintaining the safety of the NAS. […] The FAA created the Unmanned Aircraft Systems Integration Office to facilitate integration of UAS safely and efficiently into the NAS. Toward that goal, the FAA is collaborating with a broad spectrum of stakeholders, which includes manufacturers, commercial vendors, industry trade associations, technical standards organizations, academic institutions, research and development centers, governmental agencies, and other regulators. Ultimately, UAS must be integrated into the NAS without reducing existing capacity, decreasing safety, negatively impacting current operators, or increasing the risk to airspace users or persons and property on the ground any more than the integration of comparable new and novel technologies. Significant progress has been made toward UAS-NAS integration, with many challenges and opportunities ahead."

From the abstract: "Due to increasing system sophistication and affordability, unmanned aircraft systems (UAS) are becoming more popular among hobbyists and businesses. UAS also pose a threat to homeland security as they could be used for nefarious activity such as preoperational surveillance or as weapons. Consequently, law enforcement officers and fusion centers have experienced an increase in suspicious activity reporting related to UAS. The Federal Aviation Administration (FAA) has not yet finalized a policy for integrating UAS into the national airspace, leaving law enforcement officers without a clear protocol for contact with UAS operators. This paper first examines UAS policy at the federal, state, and local levels. A discussion of recent incidents is provided to demonstrate the threat of UAS and the enforcement action taken. To bridge the gap between current policy and enforcement tools, this paper proposes a solution of creating local ordinances restricting UAS operations to protect critical infrastructure and preserve public safety."

"This report assesses opportunities, risks, and challenges attendant to future development and deployment of UAS within the National Airspace System (NAS) affecting UAS forecast growth from 2015 to 2035. Analysis of four key areas is performed: technology, mission needs, economics, and existing or anticipated challenges to routine use in NAS operations. Forecast effects of emerging technologies as well as anticipating new technological innovations in areas of airframes, powerplants, sensors, communication, command and control systems, and information technology and processing are evaluated. Anticipated mission needs include intelligence, surveillance and reconnaissance (ISR), as well as new areas such as stores delivery, cargo transport, search and rescue, and pilot augmentation; example business case models are developed for each of these areas. Challenges to routine UAS usage in the NAS include: absence of legislation and regulations for safe flight in integrated airspace; pilot training and certification; regulatory, policy, and procedural issues; social issues, such as privacy and nuisance concerns; environmental issues, such as noise and emissions; and safety. Provided these challenges are largely mitigated, the following are projections of UAS fleet size by user in 2035: Department of Defense ~14,000, with additional ~5,000 having optional pilot augmentation (Air Force ~3,500; Navy + Marines ~2,500; Army ~10,000); Public Agencies (Federal, State, & Local) ~70,000. Total UAS vehicles will approach ~250,000 by 2035, of which ~175,000 will be in the commercial marketplace. UAS operations are expected to surpass manned aircraft operations, for both military and commercial domains, by 2035."

"The 'Unmanned Aircraft Systems (UAS) Comprehensive Plan' details work that has been accomplished, along with future efforts needed to achieve safe integration of UAS into the National Airspace System (NAS). Throughout Fiscal Year 2012 (FY12), work was conducted to develop elements required to create a more complete picture of achieving safe UAS integration. The perspectives and information available from these individual activities create a framework and reveal an evolving capability for the integration of UAS into the NAS. Representatives from the Next Generation Air Transportation System (NextGen) partner agencies -- the Departments of Transportation (DOT), Defense (DoD), Commerce (DOC), and Homeland Security (DHS), the National Aeronautics and Space Administration (NASA), and the Federal Aviation Administration (FAA) -- as well as industry representatives, provided through the FAA's UAS Aviation Rulemaking Committee (ARC), have actively participated in constructing this Plan. The completed work is a testament to the collaboration among representatives from the partner agencies and the UAS community. The continued safe integration of UAS in the NAS and increased NAS access for UAS will be driven by incremental advances in: research and development (R&D) (including test ranges); rulemaking (including operational approval and airworthiness standards); and development of UAS-related technologies. Safe integration will lead us from today's need for accommodation of UAS through individual approvals to a time when standardized/routine integration into the NextGen environment is well defined."

"The Federal Aviation Administration (FAA) chartered the Unmanned Aircraft Systems (UAS) Registration Task Force (RTF) Aviation Rulemaking Committee (ARC) (Task Force) to provide recommendations to the FAA 'on registration requirements and process for small UAS, including those used for commercial purposes, and all model aircraft.' [...] The stated objective of the Task Force was to develop recommendations for the creation of a registration process, which ultimately would contribute to an enforceable rule imposed by the FAA. The FAA stated that the intent of establishing this registration framework was to promote a culture of accountability while achieving a maximum level of compliance."

This is the January 15, 2014 hearing, "The Future of Unmanned Aviation in the U.S. Economy: Safety and Privacy Considerations," before the U.S. Senate Committee on Commerce, Science & Transportation. From the opening statement of Diane Feinstein: "I believe civilian drone technology, much of which has been developed in California, has great potential for both beneficial uses and for job creation; but the unique capabilities of the drone bring with it significant risks, most notably related to privacy and public safety. I believe we should proceed with caution and that Congress must act to set reasonable rules to protect the American people and ensure that in industry ask reach its potential." Statements, letters, and other materials submitted for the record include those of the following: Diane Feinstein, Michael P. Huerta, Mary Cummings, Henio Arcangeli, and Christopher R. Calabrese.

This is the February 15, 2013 hearing on "Operating Unmanned Aircraft Systems in the National Airspace System: Assessing Research and Development Efforts to Ensure Safety," held before the U.S. House Committee on Science, Space, and Technology, Subcommittee on Oversight. From the opening statement of Paul C. Brown: "Today's hearing focuses on integrating unmanned aircraft systems, or UAS, into the national airspace. As a pilot, I am extremely interested in this issue. Specifically, we hope to gain a better understanding of the safety risks, current technological obstacles and key research and development efforts being undertaken to overcome those obstacles. UAS has garnered a great deal of attention lately. In fact, if you watched the news this morning, there was a lot of news about this issue. In January, PBS's NOVA aired a documentary entitled, 'Rise of the Drones.' Last week's Time magazine cover carried the same title, and of course the Administration's use of drones for targeting terrorists to confront our war on terrorism has come to be a central issue in the confirmation hearing of the proposed CIA Director, the nominee John Brennan. However, privacy issues and military applications of UAS are beyond the scope of this hearing. I use the term ''unmanned aircraft systems'' or UAS, instead of UAV or drone, because it is a more complete and accurate term. As the name suggests, UAS are complex systems made up of not only aircraft but as well as supporting ground, air and communications infrastructure. UAS comes in a variety of shapes and sizes and can carry out a wide range of missions." Statements, letters, and materials submitted for the record include those of the following: Paul C. Broun, Dan Maffei, Karlin Toner, Edgar Waggoner, and Gerald Dillingham.

This is the March 18, 2015 hearing "Unmanned Aerial System Threats: Exploring Security Implications and Mitigation Technologies," held before the House Committee on Homeland Security. From the opening statement of Subcommittee Chairman Scott Perry: "Last month, the Federal Aviation Administration (FAA) released proposed rules to allow for operation of small UAS for non-recreational purposes into domestic airspace. The proposed rules would place numerous limitations on flying small UAS [unmanned aerial systems]: flights could take place only in daylight, the area of operations would be limited, and only visual-line-of-sight operations would be permitted. These proposed rules now are open for public comment. Our hearing today will focus on the security implications of opening our skies to small UAS and how agencies such as the Department of Homeland Security (DHS), federal, state, and local law enforcement should prepare. Several recent security incidents are concerning. In January, a small quadcopter crashed on the White House lawn. Although the incident seemingly was accidental, it exposed the larger issue of how law enforcement should respond to UAS threats and, subsequently, the Secret Service quickly scheduled exercises in the D.C. area in response. Next, a September 2013 incident where a small UAS landed only inches away from German Chancellor Angela Merkel also exposed serious concerns and the challenge that protective services around the world now face. Last but not least, French police recently were confounded when several unidentified small UAS flew over key Paris landmarks, including the Eiffel Tower as well as nuclear power plants. French authorities are investigating, but again, this incident showcases the challenges for law enforcement to respond swiftly to this new technology." Statements, letters, and materials submitted for the record include those of the following: Todd E. Humphreys, Frederick Roggero, Richard Beary, and Gregory S. McNeal.

From the thesis abstract: "This thesis examines the issue of law enforcement's use of unmanned aerial systems (UAS) from an ethical perspective. As UAS have only recently been introduced into the National Airspace System (NAS), legislation regarding their use in America's skies is lacking. This dearth of statutory guidelines creates a circumstance wherein self-imposed limits on UAS use by law enforcement take on greater importance. The primary research question posed by this thesis is whether a prevailing ethical framework exists to govern the use of UAS by domestic law enforcement functions. It concluded no consensus exists. Using the case study method, this thesis considered documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A comparative policy analysis is then performed to identify overlapping areas of concern, in order to arrive at a template that recommends seven dimensions that law enforcement executives should consider in creating a drone-specific code of conduct for policing. A case is made for publicly declaring an agency's code of conduct in the interest of strengthening the relationship between police and the public vis-à-vis the social contract."

From the thesis abstract: "Responding to disasters is a critical function for first responders and the emergency management community. The primary mission when responding to disasters is saving lives, which often requires the use of multiple resources. Rotary and fixed-winged aircraft have traditionally performed disaster response missions, such as overhead damage assessments, reconnaissance, and missing person searches. However, with the advancement of unmanned aircraft systems (UASs), there is an opportunity to perform many conventional aerial missions in a safer, more expeditious, and cost-effective manner. This thesis explores the introduction of UASs for disaster response missions into the national airspace system of the United States. It includes a review of traditional disaster response missions and opportunities for the utilization of UASs; a comparison of UAS programs, both military and civilian, as well as international UAS programs; and a review of barriers to implementation. It also offers policy and program considerations for agencies and jurisdictions to consider when implementing a UAS program, and it recommends future research concerning the topic of autonomous UASs. Lastly, this thesis provides a decision guide to assist policy makers and practitioners with determining the need and feasibility of a UAS program."

"At the direction of the Secretary of the Navy, the Naval Postgraduate School [NPS] leverages its long-standing experience and expertise in the research and education of robotics and unmanned systems to support the Navy's mission. The Consortium for Robotics and Unmanned Systems Education and Research (CRUSER) serves as a vehicle to align currently disparate research efforts and integrate academic courses across discipline boundaries. CRUSER provides a collaborative environment for the advancement of educational and research endeavors across the Navy and Marine Corps. The Consortium seeks to capitalize efforts, both internal and external to NPS, by facilitating active means of collaboration, providing a portal for information exchange among researchers and educators with collaborative interests, fostering innovation through directed programs of operational experimentation, and supporting the development of an array of educational ventures. CRUSER is a facilitator for the Navy's common research interests in current and future unmanned systems and robotics. The Consortium, working in partnership with other organizations, will inject a focus on robotics and unmanned systems into existing joint and naval field experiments, exercises, and war games, as well as host specific events, both experimental and educational. The Consortium hosts classified and unclassified web spaces to serve as collaborative environments for the community. Furthermore, with the operational needs of the Navy and the Marine Corps at its core, CRUSER will be an inclusive, active partner for the effective education of future military leaders and decision makers. Refining existing courses of education and designing new academic programs will be an important benefit of CRUSER, making the Consortium a unique and indispensable resource for the Navy and highlighting the educational mission of the Naval Postgraduate School."