Author: John C. Mitby

Did you know that Wisconsin signed an aerial drone bill into law? Governor Walker signed Senate Bill 196, the Drone Privacy Protection Act, effective on April 10, 2014.

The law requires law enforcement agencies to obtain a warrant prior to using an unmanned aircraft system (UAS) to collect evidence when an individual has a reasonable expectation of privacy. The bill also prohibits individuals from using a UAS “with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy.”

The law as passed does restrict the use of drones within the state. The law also bans the weaponization of drones and stops government use of drones except after a proper warrant is issued. The bill received tremendous bipartisan support after its introduction.

Wisconsin is just one of the growing numbers of states putting strict limitations on drones.

The American Civil Liberties Union (ACLU) has weighed in on the issue on a national level, warning that “unregulated drone use could pose serious threats to our privacy.”

Many feel that it is important that states begin drawing a line – “no aerial spying here.”

According to recent estimates, there could be as many as 60,000 drones in the American skies by the end of the decade. The legislation does include some narrow exceptions to the warrant requirement to allay the fears of law enforcement officials who did not want to be hamstrung in emergency situations when a drone’s use might spell life or death. These exceptions named in the bill are to locate an escaped prisoner, to aid in a search and rescue mission, or to prevent imminent harm to a person or the imminent destruction of evidence.”

The bill also “prohibits a person, except a law enforcement officer who has a search warrant or is acting for a permissible emergency purpose, from using a drone that is equipped with video or audio recording equipment to photograph.” This provides a privacy safeguard against drones operated by civilians as well.

If you receive a drone as a gift, you may want to know whether you may use it all outside of your home and whether there are legal restrictions that apply to you. You should also review the text of the new law and you may want to talk to your attorney plus the Federal Aviation Administration to see if you need some permit or if some rules may apply to your use.

Here is the law/analysis of Senate bill 196 (Drone Law):

The bill restricts the use of drones. The bill defines a drone as a powered, aerial vehicle that does not carry a human operator, uses aerodynamic vehicle lift, and can fly autonomously or be piloted remotely.

Under the bill, no law enforcement agency may use a drone that is equipped with video or audio recording equipment to collect evidence or information in a criminal investigation without first obtaining a search warrant. The bill allows a law enforcement agency to use a drone without a search warrant if it is necessary to do so for certain emergency purposes, including to locate an escaped prisoner, to aid in a search and rescue mission, or to prevent imminent harm to a person or the imminent destruction of evidence. Under the bill, evidence obtained by a drone in violation of the law is not admissible in a criminal proceeding.

Under the bill, a person who sells possesses, or uses a weaponized drone is guilty of a Class H felony, and may be fined up to $10,000, imprisoned for up to six years, or both. The bill prohibits a person, except a law enforcement officer who has a search warrant or is acting for a permissible emergency purpose, from using a drone that is equipped with video or audio recording equipment to photograph, record, or otherwise observe another individual in a place where the individual has a reasonable expectation of privacy. Anyone who does so is guilty of a Class A misdemeanor, and may be fined up to $10,000, imprisoned for up to nine months, or both.

Section 114.04, Flying and landing, limitations. Subject to s. 175.55, and except as provided in s. 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.

Section 175.55 of the statutes is created to read:

175.55 Use of drones restricted. (1) In this section:

(a) “Drone” means a powered, aerial vehicle that carries or is equipped with a recording device, as defined in s. 943.49 (1) (c), that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

(b) “Wisconsin law enforcement agency” has the meaning given in s. 165.77(1) and includes the department of justice and a tribal law enforcement agency.

(2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone to assist in an active search and rescue operation, to locate an escaped prisoner, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

Section 941.292 of the statutes is created to read:

941.292 Possession of a weaponized drone. (1) In this section, “drone” means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.

(2) Whoever sells, transports, manufactures, possesses, or operates any weaponized drone is guilty of a Class H felony.

Section 942.10 of the statutes is created to read:

942.10 Use of a drone. Whoever uses a drone, as defined in s. 175.55 (1)(a), to photograph, record, or otherwise observe another individual in a place where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor. This section does not apply to a law enforcement officer authorized to use a drone pursuant to s. 175.55 (2).

Section 972.113 of the statutes is created to read:

972.113 Evidence obtained by a drone. Evidence or information obtained or collected in violation of s. 175.55 is not admissible in evidence in any criminal proceeding.

Lastly, before you use or fly a drone should check with your insurance agent on insurance coverage.