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Author Topic: TX banning aerial photography?  (Read 2166 times)
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red sweater
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« on: March 05, 2013, 06:03 AM »

Slashdot has a stub pointing to an article (at robots.net) highlighting a bill introduced in Texas which would prohibit aerial images taken without permission of the property owner. The site posting the article is naturally more concerned with hobbyist/university UAVs, quadcopters, that sort of thing, but it appears KAP would also fall under the ban. Heck, it even mentions sound and odor detection as forms of banned "images."

The article mentions (or posits?) a reason for the ban, but that gets into politics, and is not important in the end to us hobbyists when the result is a blanket ban. As one who has been seriously thinking about getting/making a KAP rig and trying out this extension of kiting, I'm a little worried to hear that -- at least in some places -- this could have legal ramifications. My state is not one of the most "live-and-let-live" states. Are there any states or parks that already have bans? Even if KAP is legal in the jurisdiction, how do you handle an overzealous, under-informed cop or ranger?
« Last Edit: March 05, 2013, 06:04 AM by red sweater » Logged

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Ca Ike
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« Reply #1 on: March 05, 2013, 09:29 AM »

You really need to read the text in the bill.  IT pertains to private property including businesses not public property.  Gov. buildings have always had a similar rule in place. HOwever 1k fine per image is a bit steep.
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thief
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« Reply #2 on: March 05, 2013, 12:23 PM »

and there is something else along these lines up here in NH.....but the fine is sixty odd bucks....
Ben Huggett looked into it on one of the listservs up here
Quote
A person is guilty of a class A misdemeanor if such person knowingly creates or assists in creating an image of the exterior of any residential dwelling in this state where such image is created by or with the assistance of a satellite, drone, or any device that is not supported by the ground. This prohibition shall not apply where the image does not reveal forms identifiable as human beings or man-made objects. In this paragraph, “dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more individuals.


As the definition of a kite includes as an essential element that it be tether to the ground to produce the necessary tension and support to create wind resistance and lift - there is a very strong argument that KAP would not be covered by this statute.

Given that the penalty proposed is a $65 fine - and the cost of an appeal to the state is $10,000 - should it pass, I hope that someone challenges this statute and makes them spend the money.

Ben

in response to this one: http://agbeat.com/business-news/aerial-photography-ban-proposed-for-all-but-government/
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Kantaxel
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« Reply #3 on: March 10, 2013, 05:47 AM »

So does that mean that google's satellite maps of the whole world could be illegal? Lips sealed
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« Reply #4 on: March 10, 2013, 02:43 PM »

GOOGLE EARTH is only for finding your own home(hoping never to see an unfamiliar car in your driveway when your not home) and public land to fly in.... da... Roll Eyes
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Kantaxel
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« Reply #5 on: March 10, 2013, 10:42 PM »

When I Google Satellite Map of NH, it does not zoom down far enough to pick out individual homes or businesses as it does in other states. In Washington you can pick out the tiniest details of the roof and driveway of any home or business in the whole state, and when you do the google traffic photos you can read license plates and street addresses on homes that are actually located close to public streets.  Those pictures, of course, are taken by vehicles that are in direct contact with terra firma, not aerial.
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« Reply #6 on: March 11, 2013, 07:31 AM »

It's a little mind boggling that this is what the government is expending their energies on because it's not like there isn't enough other issues to work on.

A KAP platform is a device that can be used for legitimate or illegitimate reasons.  There is already legislation on the books to protect privacy, so why try to issue blanket sanctions on KAP and thus hinder it's legitimate uses?

It's a little like banning cars to curb drunk driving.

If the goal is to protect privacy, it's also more than a little hypocritical....
While it might be overreacting to go all paranoid about things like this, it would also be just as disingenuous to turn a blind eye to them, out of hand.

ATB,
Sam
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mikenchico
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« Reply #7 on: March 11, 2013, 07:56 AM »

When I bring up New Hampshire it zooms in fine. I have noticed in the past some area's which may not have much interest or areas with security concerns may not zoom in as close or have been blurred like they do to faces and license plates on the street view.

I've always loved maps for some reason, I would spend more time studying the maps in National Geographic then it would take to read magazine. Google Maps, Google Earth, Bing, I love them, I have spent hours "driving" or "flying" around area's. I've visited the family home sites back in the old countries, I've flown through Yosemite at 100' off the ground, I've visited the castles of Europe and walked between the columns of Stonehenge, I've flown over the surface of the moon and seen the tracks left by our astronauts, all from my living room.

Guess I'll go take a peak at what those Texans are doing in their backyards that they don't want me to see while I still can   Wink  

Joel and his political views musta' really pissed them off   Cheesy



« Last Edit: March 11, 2013, 08:02 AM by mikenchico » Logged

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Kantaxel
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« Reply #8 on: March 11, 2013, 04:31 PM »

When I bring up New Hampshire it zooms in fine. I have noticed in the past some area's which may not have much interest or areas with security concerns may not zoom in as close or have been blurred like they do to faces and license plates on the street view.



You're right Mike!
In an additional try using a different search engine to get there, it does come up differently, although not as close or concise as it does on places here in WA. Seems to add to the confusion..........Is it Big Brother, or what? 
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