March 3rd, 2016 by Mickey Osterreicher and tagged first amendment, free speech, journalism, Mickey Osterreicher, national press photographers association, Newsgathering, NPPA, photography, photojournalism
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 »
November 18th, 2015 by Mickey Osterreicher and tagged Access, first amendment, free speech, journalism, national press photographers association, Newsgathering, NPPA, photography
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 »
November 13th, 2015 by Mickey Osterreicher and tagged Access, cameras in the courtroom, first amendment, free speech, journalism, national press photographers association, news industry, newspapers, NPPA, photographers, photojournalism
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 »
September 10th, 2015 by Mickey Osterreicher and tagged Access, cameras in the courtroom, first amendment, free speech, journalism, Mickey Osterreicher, national press photographers association, NPPA
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 (https://nppa.org/join-nppa). 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 (http://www.usatoday.com/story/tech/2015/09/10/california-drones-veto-governor-jerry-brown-news-photographers/71987132/), 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 »
September 3rd, 2015 by Mickey Osterreicher and tagged Access, California, first amendment, free speech, journalism, national press photographers association, Newsgathering, photojournalism
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 »
May 14th, 2015 by Mickey Osterreicher and tagged Access, first amendment, journalism, Legal, Newsgathering, photojournalism, recording
ATLANTA– On May 13, 2015, United States District Judge Steve C. Jones found the City of Atlanta in contempt of court and imposed sanctions for the city’s failure to comply with obligations set forward in a prior Court Order on behalf of a woman whose constitutional rights were violated when she was arrested as she peaceably photographed police activity in 2009.
The Southern Center for Human Rights, along with Atlanta based attorneys Daniel J. Grossman and Albert Wan, presented arguments on April 28, 2015, for civil contempt sanctions against the City of Atlanta in Anderson v. City of Atlanta, et al. The plaintiff, Felicia Anderson, brought this case against the City of Atlanta and one of its police officers for falsely arresting her as she photographed police arresting her neighbor. The parties ultimately reached a settlement on Ms. Anderson’s claims in 2012. In addition to damages, the parties agreed to a Consent Order requiring the City of Atlanta to permanently revise and implement a number of APD policies and trainings that would set strict limits on officer’s interference with citizens documenting police activity.
In November 2014, several reporters covering the Ferguson demonstrations in downtown Atlanta had their cameras taken away from them by APD officers as these individuals attempted to film police activity. One of them was a photojournalist for 11Alive News, whose arrest by police officers during his coverage of the protests has been the subject of numerous news stories. Another was a reporter for Creative Loafing; Atlanta police officers intentionally stopped him from taking photos during the protest, grabbed his camera, and then arrested him, even as he and his editor repeatedly told the officers that he was a reporter. These are but a few examples of the actual damage that came to light as a result of the City’s failure to abide by this Court’s order, including interference with citizens and reporters filming police.
Judge Jones stated, “The Court finds Defendant in contempt for violating the March 2012 Order… and it now imposes sanctions to bring Defendant into full compliance and to address future monitoring of Defendant’s compliance with the Order.”
“The Court has now found the City in contempt based, in part, on the City’s own admissions that it failed to comply with the Court’s Order,” said attorney Albert Wan. “ The next few weeks and months will be telling. Will the City treat the Court’s order with the seriousness it deserves, or will it revert back to its old ways? All eyes are on the City to see what it will do, and they should be. As recent events have shown, the public’s right to document police conduct is an important one, and the City needs to recognize that. It can start by fully complying with the Court’s Order.”
Judge Jones ordered the following:
• Permanently implement the revisions to the Atlanta Police Department Standard Operating Procedures set forth in the Court’s March 2012 Order
• Conduct mandatory, in-person training of all Atlanta police officers every two years regarding the Standard Operating Procedure revisions set forth the Court’s March 2012 Order
• Within forty-five days, the Chief of the Atlanta Police Department shall issue a Command Memorandum to each APD officer attaching a copy of the 2012 Consent Order, requiring that it be read and signed. The City of Atlanta shall provide the Court and the Plaintiff with a sworn statement attesting that this has been accomplished within ten days after the 45-day period of compliance has expired. The City of Atlanta shall be fined $10,000 per day after the 45-day period of compliance has expired if the City of Atlanta fails to comply.
• Within forty-five days, the City of Atlanta shall provide in-person, roll call training consistent with the industry standard to every police officer of the Atlanta Police Department on every revision to the Atlanta Police Department Standard Operating Procedures required under the March 2012 Order. The Atlanta Police Department is required to video solely this portion of the Atlanta Police Department’s in-person, roll call training. The City of Atlanta must provide Plaintiff’s counsel with a copy of each video within ten days of the in-person, roll call training. The City of Atlanta shall be fined $10,000 per day after the period of compliance has expired if the City of Atlanta fails to comply.
• The City of Atlanta, within five days, must report to the Court and Plaintiff any revisions made to the Standard Operating Procedures (SOP) at issue in the 2012 Consent Order.
• The City of Atlanta will reimburse Plaintiff’s counsel for a portion of fees and costs associated with ensuring compliance with the Court’s Order.
“Almost every week we see the crucial importance of citizen video as a tool for police accountability. It is a shame that City Hall fought against this for almost six months, and that it took a federal judge to hold the city in contempt and order it to provide the training that even Atlanta’s police officers themselves were asking for,” said attorney Daniel J. Grossman.
“It should not have taken over three years for the Atlanta Police Department to respect citizens’ rights to video police conduct as required by Judge Jones order. The Court has shown, and the national conscience has shown, that cameras are an important tool in ensuring police are held accountable,” said Southern Center for Human Rights attorney, Gerald Weber.
To read the Contempt Order go to: Atlanta Contempt Order – Anderson 05-13-15
Posted in Access, Atlanta Police Department, First Amendment, First Amendment rights, News Photography, Newsgathering, photographers, Photographers' Rights, photojournalism, Police, Recording Police | No Comments »
April 28th, 2015 by Mickey Osterreicher and tagged Access, Arrest, Baltimore Riots, first amendment, journalism, journalist, Legal, Mickey Osterreicher, national press photographers association, Newsgathering, NPPA, photojournalism, police, police relations
See the attached document containing some practical advice about covering high conflict news stories.
- Local Ordinances
- Federal Trespass
- Important items to have with you
- Potential for arrest
- Complying with police orders
- Being questioned and detained
- Protecting your files
- Arrest & release
- Practical advice
- Your equipment
These have been put together as a result of covering the NATO Summit in Chicago in 2012 the political conventions in Tampa and Charlotte later that year and the demonstrations in Ferguson in 2014.
For more information please contact:
Mickey H. Osterreicher
Posted in Access, Baltimore Police, Baltimore Riots, cell phone cameras, Ferguson, First Amendment, First Amendment rights, Fourth Amendment, Fourth Amendment rights, Legal, Maryland ACLU, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Recording Police, Reporters Committee for Freedom of the Press, retaliation for the exercise of First Amendment rights | No Comments »