Enact Commonsense Drone Rules

March 3rd, 2016 by Mickey Osterreicher and tagged , , , , , , , ,

Amidst all the hysterical reports that the sky is falling or it’s literally raining drones, Illinois Congressman Rodney Davis recently introduced a thoughtful Micro Drone amendment to the FAA Reauthorization Act (AIRR Act). The amendment would create a new “Micro UAS Classification” of Unmanned Aircraft Systems (UAS), improving safety, access and compliance while also encouraging innovation. For the first time, micro drones would be permitted for commercial purposes, appropriately advancing what many believe to be the smallest, safest and fastest-growing sector of the UAS community. The House Transportation & Infrastructure Committee very commendably voted to accept that amendment without any voiced opposition and then approved the entire AIRR Act, as amended.

It is crucial to note this legislation would not deregulate the use of UAS, but rather proposes regulations containing five commonsense rules that are easy to remember and follow. In fact, many of these rules already exist to oversee safe practices for the recreational use of drones. Under the new amendment, micro UAS (mUAS) would be required to operate at: “(1) less than 400 feet above ground level; (2) at an airspeed of not greater than 40 knots; (3) within the visual line of sight of the operator; (4) during daylight; and (5) at least 5 statute miles from the geographic center of an airport [with an exception for those who provide notice and obtain permission].”

In response to this legislative initiative the FAA announced the formation of an aviation rulemaking committee composed of industry stakeholders to develop recommendations for a similar regulatory framework. Representatives for a coalition of  more than a dozen news organizations (including NPPA) will participate as committee members.

Given the complicated and often-disregarded current FAA regulations for small UAS (sUAS), which includes every type of unmanned system under 55 pounds, we can only hope this bill will be enacted as approved and then implemented as quickly as possible. We believe that adopting the micro UAS rule will be far more effective in approving and regulating commercial use than waiting for a final FAA rule under the current Notice of Proposed Rulemaking, petitioning for a Section 333 Exemption, or operating a UAS “unlawfully” in fear of FAA enforcement action.

It is widely accepted that people are far more likely to abide by commonsense rules that impose the least burdensome restrictions. This is true for operators of small unmanned aircraft systems as well. The current proposed FAA requirements that are expected to be in place later this year include aeronautical knowledge testing on eleven topics, traveling to test facilities, and re-testing every two years—requirements that create high barriers for low-risk users, increasing the potential for widespread non-compliance.

The on-going restrictions on most sUAS uses are simply not sustainable or justifiable. Enacting a new category of mUAS subject to risk-based safety and operational restrictions will enable and enhance the safety of all aspects of UAS operations, including, but not limited to: newsgathering, educational, humanitarian and commercial use. It also will relieve the FAA from some of the administrative burdens of granting exemptions for low-risk operations, thus allowing the agency to focus its resources on the more challenging aspects of safely integrating UAS use into the national air space, which is another reason the FAA should immediately begin work to support mUAS approval.

Employing simple and familiar rules that already exist for recreational use and applying them to the smallest and safest UAS category, streamlines the process for everyone (including journalists) by encouraging a culture of safety and widespread voluntary compliance, while at the same time advancing innovation. Hopefully Congress will agree and pass an FAA reauthorization act that includes the mUAS amendment.

Mickey H. Osterreicher is general counsel for the National Press Photographers Association (NPPA) which is part of the News Media Coalition, advocating for the use of UAS for newsgathering. He has met with the FAA and congressional staff to discuss these issues as well as participated in stakeholder meetings held by the National Telecommunications and Information Agency regarding UAS privacy concerns.

Posted in drone, Drones, First Amendment, micro drones, National Press Photographers Association, News Photography, Newsgathering, NPPA, small unmanned aerial systems, sUAS, Visual Journalists | No Comments »

NPPA, ASMP & Other Photo Groups Send Letter to Time, Inc. Expressing Concerns Over New Photo Agreement

November 24th, 2015 by Mickey Osterreicher

Letter of the NPPA and ASMP joined by the American Photographic Artists, Digital Media Licensing Association and Professional Photographers of America to Mr. Norman Pearlstine, Chief Content Officer of Time, Inc. regarding concerns over its Commissioned Photographer Agreement

Posted in Uncategorized | No Comments »

NPPA Files Comments with FAA Expressing Concerns over Drone Registration

November 18th, 2015 by Mickey Osterreicher and tagged , , , , , , ,

On November 17, 2015 the National Press Photographers Association (“NPPA”), joined by 10 other organizations submitted supplemental comments to the FAA regarding the unintended consequences of drone registration. The groups are concerned that a registration process requiring all drone operators to carry a certificate of registration with them, and produce it on demand to a federal, state or local police official, will be used by police and prosecutors in a pretextual way to chill free speech and freedom of the press. Journalists often encounter this type of interference. Police officers who do not like news coverage of an event often use vague charges like failing to obey a lawful order or interference with officers at an emergency scene to stop journalists.

The stated purpose of a registration and marking requirement is the safe integration of drones into the national airspace. The FAA has asserted one of the ways to insure that is to have a means to identify and track the drone to its operator. The groups believe that requiring a drone operator to produce papers on demand will not aid in drone safety.

Writing for the group, NPPA general counsel Mickey H. Osterreicher, expressed the concern “with these unanticipated and unintended consequences which illustrate how government, and particularly law enforcement, can use discretionary laws to suppress speech activities in ways that were not considered at the time of their enactment. To pass constitutional muster and forestall constitutional conflicts between journalists and law enforcement officers, any registration system, must contain provisions that preclude officers from demanding to see journalists’ registration papers, and to then detaining, fining, or seizing property from journalists who are not carrying such documentation with them.”

The American Society of Media Photographers, American Society of News Editors, Associated Press Media Editors, Associated Press Photo Managers, The McClatchy Company, North Jersey Media Group, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Society of Professional Journalists and the Student Press Law Center joined in the filing.



Posted in drone, Drones, FAA, First Amendment, First Amendment rights, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Regulations limiting photography, Unmanned Aerial Vehicle (UAV) | No Comments »

NPPA Joined by 13 Organizations Files Comments in Support of Electronic Recording and Audio-Visual Coverage of Court Proceedings in NYS

November 13th, 2015 by Mickey Osterreicher and tagged , , , , , , , , , ,

The NPPA, joined by 13 other organizations filed comments today with the New York State Office of Court Administration (“OCA”) in support of proposals to revise and update the Unified Court System (“UCS”) rules regarding electronic recording and audio-visual coverage of court proceedings in the state.

The letter also supports proposed revisions to the definition of audio-visual coverage and other proposed clarifications excluding still photography from the definition of audio-visual coverage. Additionally the letter affirms support of the proposed goals set by the Communications & Media Law Committee of the Association of the Bar of New York City: “(i) consistently maintaining the distinction between audio-visual coverage and still photography throughout the rules and using consistent terminology to avoid confusion; (ii) emphasizing that there should be a presumption in favor of permitting both audio-visual and still photographic coverage to the extent consistent with Section 52 of the Civil Rights Law, with ultimate decisions left to the presiding judges; and (iii) eliminating certain restrictions on coverage created or continued by the proposed revisions that go beyond the requirements of Section 52.”

It urges OCA “to exercise its authority to ensure that New York’s court system, which has been a beacon of progressive policies for the nation, does not fall further behind than it already has under some of the anachronistic rules promulgated at a time when televisions used vacuum tubes and at best could receive 12 channels, broadcast in black & white for a few hours a day.”

Addressing those opposed to the proposed changes, NPPA general counsel, Mickey H. Osterreicher wrote, “the tired arguments that camera coverage will: prejudice a defendant’s fair trial rights, their right of privacy, the prosecution’s ability to have witnesses comply with subpoenas, as well as the detrimental effect cameras will have on lawyers, judges, and other participants are just that – threadbare and unsubstantiated. But the more crucial point is not how cameras affect either side in a litigation. It is whether cameras will increase the public’s confidence in our justice system. Nothing is more fundamental to our democratic system of governance than the right of the people to know how their government is functioning on their behalf. That, we submit, is a higher value which should drive the debate here; and is the central point about which the Bar Association, the Unified Court System and, indeed, the legislature should be concerned.”

The groups joining in the letter were: Associated Press Media Editors, Associated Press Photo Managers, The Deadline Club/New York City Chapter of the Society of Professional Journalists, Media Law Resource Center, New York News Publishers Association, New York Press Photographers Association, New York State Broadcasters Association, Inc., The NewsGuild of New York Local 31003, CWA, North Jersey Media Group, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Scripps Media, Inc., d/b/a WKBW-TV and Society of Professional Journalists.

Posted in Access, Cameras, Cameras in the Courtroom, First Amendment, First Amendment rights, National Press Photographers Association, NPPA, photographers, Photographers' Rights, photojournalism | No Comments »

NPPA Files Comments As Part of News Media Coalition Regarding FAA Drone Registration

November 7th, 2015 by Mickey Osterreicher and tagged , , , , ,

In response to a Request for Information from the FAA, the NPPA, as part of a News Media Coalition (NMC) filed Comments on November 6, 2015, regarding Unmanned Aerial Systems (UAS) registration,

According to Charles D. Tobin of Holland & Knight, LLP on behalf of the 17 news organizations and associations, “the News Media Coalition has stressed, and the government has acknowledged, that the First Amendment rights of the public in receiving news and information in the public interest, and the media in gathering that news and information, must be preserved in the regulation of any new technology, including UAS.”

With that overriding principle in mind the NMC went on to “strongly urge the FAA to require registration at the point-of-sale with registration information submitted by the seller, rather than the end-users,” to avoid an overly burdensome and costly process.

The coalition also advised that the  “FAA should only require the submission of the limited contact information from users necessary to ensure accountability” and “to avoid unnecessary administrative burdens and bureaucratic delays, registration should be web-based [with] information about the registration should be available in an easy-to-use and searchable online database that provides access consistent with that provided by the FAA for other aircraft registration.”

Additionally, “operation of UAS should be permitted upon submission of registration information, rather than awaiting affirmative approval or imposing a waiting period before a UAS may be legally operated. Any delay or additional affirmative steps could restrict an otherwise qualified UAS operator from exercising her First Amendment rights” and that “there should not be any fees—for users or sellers—to file UAS registrations with the FAA.

The group went on express its concern about registration requirements that operators file detailed flight plans with the FAA because it “would not meaningfully contribute to safety “make it virtually impossible to use UAS for breaking news stories.”

Should the FAA adopt special rules for micro UAS (under 2.2 lbs.) the group believes they should be exempt from registration requirements because “collection of such information would be overly burdensome to users and to the FAA and, given micro UAS operational limitations and safety benefits.”

Finally, in order to encourage accountability and responsible use of UAS, the NMC urged the FAA to expedite a clear commonsense final small UAS rule and utilize stakeholders (such as those in the coalition) to “help better educate UAS operators, including hobbyists, regarding current regulations and best practices for safe UAS operation.”

Members of the News Media Coalition include: Advance Publications, Inc., A.H. Belo Corp., American Broadcasting Companies, Inc., The Associated Press, Capitol Broadcasting Co., Cox Media Group, LLC, Fusion Media Network, LLC, Gannett Co., Inc., Getty Images (US), Inc., National Press Photographers Association, NBCUniversal Media, LLC, The New York Times Company, Reuters, The E.W. Scripps Company, Sinclair Broadcast Group, Inc., TEGNA, Inc., and WP Company LLC.

Posted in drone, Drones, FAA, First Amendment, First Amendment rights, Getty Images, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, small unmanned aerial systems, sUAS, UAS, Washington Post | No Comments »

Join NPPA Now!

September 10th, 2015 by Mickey Osterreicher and tagged , , , , , , ,

To those of you who read the Advocacy Blog or follow us on Facebook and who support NPPA through their membership – thank you. To those considering joining or renewing their lapsed memberships please get off your best intentions and do it today ( For those of you who just take a free ride by viewing the news and information provided by NPPA on our website, Twitter and Facebook, I urge you to join now.

NPPA cannot do the advocacy it does without members and money. It cannot take a leadership position, where 32 major news organizations joined in a letter that I drafted to convince the Governor of California to veto a constitutionally suspect drone bill (, without you.

Aside from your actual dues NPPA receives money from a copyright organization based upon our membership numbers – so think of joining as part of a matching fund. It is unfortunate to report that our membership numbers continue to decrease when commonsense would expect just the opposite.

If you want our advocacy efforts to continue, but moreover, if you want NPPA to continue to be heard as the strong “Voice of Visual Journalists” then please support us and join today!

Posted in National Press Photographers Association, NPPA | No Comments »

NPPA Joined by 32 Other Media Groups Urges Gov. Brown to Veto CA Anti-Drone Bill

September 3rd, 2015 by Mickey Osterreicher and tagged , , , , , , ,

Today the National Press Photographers Association (NPPA) sent a letter to California Governor Jerry Brown urging him to veto SB 142, which would create strict liability for anyone operating a drone over the “airspace overlaying the real property” of another person or entity without “express consent.” The letter was joined by 32 other media organizations.

“We believe this bill will unduly restrict the development of new uses for Unmanned Aircraft Systems (UAS) by establishing a technology-specific restriction that is impossible to comply with, impossible to enforce, and likely will conflict with the existing authority and proposed new regulations of the Federal Aviation Administration (FAA), said NPPA general counsel Mickey H. Osterreicher, in the letter. He went on to say, “while the bill acknowledges the FAA Modernization and Reform Act of 2012, its language flies in the face of both common sense and federal preemption,” adding “the chilling legal repercussions of this bill will tax an overburdened court system and thwart the federal government’s efforts, in which we are participating, to bring about a sensible regulatory regime for this new technology.”

Those groups joining in the letter are: Advance Publications, Inc., American Society of News Editors, Associated Press Media Editors, Associated Press Photo Managers, Association of Alternative Newsmedia, CNN, First Look Media, Inc., Gannett Co., Inc., Hearst Corporation, KBAK-TV (Bakersfield), KERO-TV (Bakersfield), KGTV-TV (San Diego), KMPH-TV (Fresno), KXTV-TV (Sacramento), Los Angeles Times Communications LLC, Merced Sun-Star, Newspaper Association of America, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Scripps Media, Society of Professional Journalists, Student Press Law Center, The Associated Press, The Desert Sun, Palm Springs, The Fresno Bee, The McClatchy Company, The Modesto Bee, The Sacramento Bee, The Salinas Californian, The (San Luis Obispo) Tribune, Tulare Advance-Register and Visalia Times-Delta.


Posted in Access, broadcasting, California, drone, Drones, First Amendment, First Amendment rights, Newsgathering, photographers, photojournalism | No Comments »

« Previous Entries