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Vacate a Drone Restriction That Criminalized Recording Immigration Agents

24 pointsby 1h agoeff.org
6 comments
1h agoHN ↗

The original title is:

D.C. Circuit Must Vacate a Drone Flight Restriction That Criminalized Recording Immigration Agents

43m agoHN ↗

The article doesn't mention the safety angle at all. It's reasonable to argue that even though the Ukraine conflict has popularized drones as weapons, given that we haven't had a major incident yet this temporary flight restriction was premature, but not mentioning it at all makes the bias pretty clear.

The TFR (which made it illegal to fly a drone within a bubble 1000 feet high and 3000 feet radius of a mobile asset) has been replaced by a NOTAM that basically says flying near them in a way that poses a credible safety or security threat means they can sieze or destroy your drone. I'd say this is the better resolution, and to me represents a "genuine change of heart" by the FAA, finding a way to serve the safety purpose of the TFR without overstepping.

31m agoHN ↗

not mentioning it at all makes the bias pretty clear

Yes, the bias is assumed since they are the petitioners. It is not their responsibility to make the FAA's case, or even mention any aspect of it at all.

The FAA will be the ones responsible for making their case before the court.

20m agoHN ↗

There's a safety angle any time a citizen is recording them - they could secretly have guns, right?

That doesn't justify banning recordings imo.

20m agoHN ↗

If you read the notice, it seems to effectively make it illegal to fly drones anywhere near a road. How can a drone operator possibly verify that they're NOT within 3000ft of a vehicle owned by DOD, DOE or DHS? Are all these cars marked in such a way that a drone that's over 3000ft away would be able to recognize it, so the operator knows not to go any closer?

  PURSUANT TO 14 CFR SECTION 99.7, SPECIAL SECURITY INSTRUCTIONS (SSI), ALL UNMANNED ACFT ARE PROHIBITED FROM FLYING WITHIN A STAND-OFF DISTANCE OF 3000FT LATERALLY AND 1000FT ABOVE UNLESS INDICATED BY THE FAA BY NOTAM OR OTHER MEANS. TO: DEPARTMENT OF DEFENSE (DOD), DEPARTMENT OF ENERGY (DOE), AND DEPARTMENT OF HOMELAND SECURITY (DHS) FACILITIES AND MOBILE ASSETS, INCLUDING VESSELS AND GROUND VEHICLE CONVOYS AND THEIR ASSOCIATED ESCORTS, SUCH AS UNITED STATES COAST GUARD (USCG) OPERATED VESSELS.
4m agoHN ↗

As stated in the article, this restriction was already rescinded (to avoid a lawsuit reaching court) and replaced with an advisory stating that drones near DHS vehicles might be taken down:

https://www.rcfp.org/wp-content/uploads/2026/04/FAA-drone-ad...

The effort from the EFF is to get the original restriction called back up and vacated - essentially, they want a post-hoc determination that it was illegal, but the restriction is already gone.