senate Bill S7639

Enacts the "personal privacy protection act" to prohibit the unauthorized use of satellites and unmanned aerial vehicles

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / May / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 28 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Enacts the "personal privacy protection act" to prohibit the unauthorized use of satellites and unmanned aerial vehicles.

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Bill Details

Versions:
S7639
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add Art 26-A §730, Exec L; add Part 3 Title N Art 252 §§252.00 - 252.15, Pen L

Sponsor Memo

BILL NUMBER:S7639 REVISED 5/27/14

TITLE OF BILL: An act to amend the executive law and the penal law,
in relation to the protection of personal privacy from the
unauthorized use of satellites and unmanned aerial vehicles

PURPOSE: This bill would establish guidelines for the use of
commercial satellites and unmanned aerial vehicles over New York State
airspace, and criminal penalties for the unauthorized use of such
satellites and unmanned aerial vehicles.

SUMMARY OF SPECIFIC PROVISIONS:

Specifically, this bill would establish a new section 730 of the
executive law to establish guidelines for the use of commercial
satellites and unmanned aerial vehicles over New York State airspace.

This new section would:

* Declare legislative findings and determinations as to the importance
of protection of personal privacy from the unauthorized use of
satellites and unmanned aerial vehicles;

* Define the terms "satellite", "unmanned aerial vehicle", "commercial
satellite", "commercial unmanned aerial vehicle" and "image or
recording" in a manner consistent with other provisions of federal and
state law;

* Provide that no image or recording shall be captured, collected
maintained, posted, transmitted or broadcast by or from a commercial
satellite or a commercial unmanned aerial vehicle, of any person or
their private property, unless such image or recording was captured,
collected, maintained, posted, transmitted or broadcast:

* for the purpose of professional or scholarly research and
development by a person acting on behalf of an institution of higher
education;

* for the purpose of protecting, monitoring or maintaining airspace;

* for the purpose of operating the commercial satellite or commercial
unmanned aerial vehicle pursuant to contract with, or as part of an
operation, exercise or mission of the United States army, navy, air
force, marines corps or coast guard or the reserve units thereof, or
of the army national guard, air national guard, New York state guard,
or New York state naval militia;

* for the purpose of operating the commercial satellite or commercial
unmanned aerial vehicle pursuant to a contract with, or as part of an
operation, exercise or mission of the United States department of
homeland security or any agency thereof, the division of homeland
security and emergency services, the United States department of
justice or any agency thereof, the division of state police, or a
police department or fire department of any political subdivision of
the state, or of any state agency or public authority as may be
designated by the governor, upon the joint recommendation of the


commissioner of the division of homeland security and emergency
services and the superintendent of state police;

* for the purpose of aiding or assisting in the development, creation
and/or production of maps, geological surveys or land surveys;

* for the purpose of aiding or assisting in the planning, construction
or maintenance of electric utilities, natural gas utilities, water
utilities, telephone, internet or other communications systems,
including their maintenance and operation facilities, transmission
lines and facilities, and related facilities and systems;

* for the purpose of operating the commercial satellite or commercial
unmanned aerial vehicle, by a broadcast or print media news
organization, to have the images or recordings collected, broadcast,
printed or displayed for public information and/or news;

* for the purpose of aiding or assisting in the planning,
construction, maintenance or traffic of roadways, highways, bike
paths, walkways, canals, railroads, water systems, reservoirs,
bridges, tunnels, rivers, seaways, subways, or facilities appurtenant
thereto;

* for the purpose of aiding or assisting in the planning, construction
or maintenance of commercial buildings, housing, parking facilities,
fences or facilities appurtenant thereto;

* for the purpose of aiding or assisting in the study, tracking or
prediction of weather, climate or other meteorological events;

* for the purpose of aiding or assisting in the study, tracking or
prediction of wildlife or vegetation;

* for the purpose of aiding or assisting in the planning,
construction, maintenance or operation of farms, agricultural
facilities, or food or livestock maintenance or processing facilities;

* for the purpose of aiding or assisting in the study, prevention,
management, response or recovery to flooding, fires or other natural
or man made disasters;

* for the purpose of aiding or assisting in the design, testing,
construction, manufacture and/or production of satellites or unmanned
aerial vehicles by a person, corporation, limited liability company or
organization in the regular course of business that designs, tests,
constructs, manufactures or produces satellites or unmanned aerial
vehicles; or

* with the written consent of the person of whom the image or
recording is taken, or who owns or lawfully occupies the real property
captured in the image or recording.

This bill would additionally a new article 252 of the penal law for
offenses involving commercial satellites or commercial unmanned aerial
vehicles.

More specifically, this section would establish the new crimes of:


* Criminal use of a satellite or unmanned aerial vehicle in the third
degree, when a person intentionally uses a commercial satellite or
commercial unmanned aerial vehicle to capture, collect, maintain post,
transmit or broadcast an image or recording of a person or his or her
property, in violation of the proscribed uses for such commercial
satellite or commercial unmanned aerial vehicles, and such criminal
use of a satellite or unmanned aerial vehicle in the third degree
would be a class E felony.

* Criminal use of a satellite or unmanned aerial vehicle in the second
degree, when a person intentionally uses, operates, hijacks or
controls any satellite or any unmanned aerial vehicle, without the
permission of the owner thereof, if such satellite or unmanned aerial
vehicle has the capability of capturing, collecting, maintaining,
posting, transmitting or broadcasting an image or recording or
deploying, firing, launching or transmitting an electronic signal or
kinetic projectile, that can cause harm or destruction to a person or
property, and such criminal use of a satellite or unmanned aerial
vehicle in the second degree would be a class D felony; and

* Criminal use of a satellite or unmanned aerial vehicle in the first
degree, when a person intentionally uses, operates, hijacks or
controls any satellite or any unmanned aerial vehicle, without the
permission of the owner, to deploy, fire, launch or transmit an
electronic signal or kinetic projectile, that can cause harm or
destruction to a person or property, and such criminal use of a
satellite or unmanned aerial vehicle in the first degree would be a
class C felony.

JUSTIFICATION: The use and development of drone technology offers
many advantages as well as concerns for our society. Properly used,
these unmanned aerial vehicles can improve public safety, reduce the
cost and increase the accuracy of construction, help troubleshoot
complex systems, and provide useful public information on everything
from weather to natural disasters to traffic developments.

But as with every new technology, drones must be used in a safe and
responsible manner. Their potential for harmful use is significant,
allowing for the improper invasion of personal privacy and the
infliction of personal injury and property damage.

The Federal Aviation Administration has begun the process to provide
federal regulation of commercial unmanned aerial vehicles, and will be
implementing regulations concerning their use in 2015. Accordingly
states across the nation have begun to enact state laws consistent
with federal law, that would protect their citizens from the privacy
invasions of which these drones are capable. While the FAA will
outline how and where these aircraft may be flown, these state laws
provide what these aircraft may be used for while they are in flight.

This bill thereby seeks to recognize that commercial unmanned aerial
vehicles, as well a commercial satellites, will be in the skies over
New York, and that it is incumbent upon the state legislature to
assure that they are used for responsible activities. Accordingly, it
sets forth significant guidelines for the use of such drones, as well
as establishes crimes that would penalize their invasion of personal
privacy or injury to persons or property. By means of this framework,


New York seeks to embrace the benefits of this new technology while
preventing its detriments.

PRIOR LEGISLATIVE HISTORY: This is a new bill

FISCAL IMPLICATIONS: None Noted

EFFECTIVE DATE: This act would take effect on the first of November
next succeeding the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7639

                            I N  S E N A T E

                              May 21, 2014
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law and the penal law, in relation to  the
  protection of personal privacy from the unauthorized use of satellites
  and unmanned aerial vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "personal privacy protection act".
  S 2. The executive law is amended by adding a new article 26-A to read
as follows:
                              ARTICLE 26-A
             PROTECTION OF PRIVACY FROM UNAUTHORIZED USE OF
                 SATELLITES AND UNMANNED AERIAL VEHICLES
SECTION 730. PROTECTION  OF  PERSONAL PRIVACY FROM THE USE OF SATELLITES
               AND UNMANNED AERIAL VEHICLES.
  S 730. PROTECTION OF PERSONAL PRIVACY FROM THE USE OF  SATELLITES  AND
UNMANNED  AERIAL  VEHICLES.  1. LEGISLATIVE FINDINGS AND DETERMINATIONS.
THE LEGISLATURE FINDS AND DETERMINES THAT  TECHNOLOGICAL  ADVANCES  HAVE
PROVIDED  EQUIPMENT THAT MAY BE UTILIZED FOR NEW SURVEILLANCE TECHNIQUES
THAT CAN PRODUCE IMAGES AND RECORDINGS BY NON-GOVERNMENT  ENTITIES,  FOR
NON-GOVERNMENT  PURPOSES,  AND WHICH CAN BE PLACED AND DISTRIBUTED IN AN
OPEN, PUBLIC DOMAIN. THESE TECHNOLOGICAL ADVANCES OFTEN OUTPACE  PRIVACY
PROTECTIONS  AND  CAN  LEAD  TO  AN UNWARRANTED AND UNWANTED INVASION OF
PERSONAL PRIVACY.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT REGARDLESS OF  THEIR
DESIGN,  APPLICATION  AND  SIZE,  THE  USE  OF  COMMERCIAL SATELLITES OR
COMMERCIAL UNMANNED AERIAL VEHICLES WITHOUT LIMITATION CAN CREATE  SERI-
OUS  PRIVACY  CONCERNS  FOR  THE PEOPLE OF THE STATE.  ADDITIONALLY, THE
INTEGRATION OF THESE SURVEILLANCE PLATFORMS INTO DOMESTIC AIRSPACE OFFER
THE OPPORTUNITY FOR APPLICATIONS WHICH ARE BOUND ONLY BY HUMAN  INGENUI-
TY,  AND  WHICH  WILL,  WITHOUT SOME REGULATION, PRESENT A HOST OF LEGAL
ISSUES AND PRIVACY CONCERNS.   MOREOVER, WITH THE  MODERN  TECHNOLOGICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14738-02-4

S. 7639                             2

ABILITY TO HOUSE HIGH-POWERED CAMERAS, INFRARED SENSORS, FACIAL RECOGNI-
TION  TECHNOLOGY  AND  LICENSE  PLATE READERS, JUST TO NAME A FEW, THESE
COMMERCIAL SURVEILLANCE PLATFORMS CAN PRESENT A SERIOUS AND  SUBSTANTIAL
PRIVACY RISK.
  THE  LEGISLATURE  ADDITIONALLY  FINDS  AND  DETERMINES THAT THE USE OF
COMMERCIAL SATELLITES OR COMMERCIAL  UNMANNED  AERIAL  VEHICLES  WITHOUT
LIMITATION,  COULD  THEREFORE  PRESENT A SUBSTANTIAL RISK TO THE PRIVACY
PROTECTIONS ENSHRINED IN THE FEDERAL AND STATE CONSTITUTIONS,  AND  THAT
THE  LACK OF CLEAR STATUTORY AUTHORITY FOR THE USE OF THESE SURVEILLANCE
PLATFORMS WITHIN THE STATE THEREBY PRESENTS A PREVENTABLE  CHALLENGE  TO
THE  RIGHTS  AND PROTECTIONS THAT EVERY PERSON IN NEW YORK SHOULD ENJOY.
ACCORDINGLY, THE LEGISLATURE SEEKS, BY MEANS OF THIS ARTICLE, TO PROVIDE
CLEAR STANDARDS FOR THE LAWFUL USE OF COMMERCIAL SATELLITES  OR  COMMER-
CIAL  UNMANNED  AERIAL VEHICLES WITHIN THE AIRSPACE OF THE STATE, AND TO
ESTABLISH LIMITATIONS THEREON TO PROTECT AND PRESERVE THE PRIVACY RIGHTS
OF ALL PERSONS WITHIN THE STATE.
  2. DEFINITIONS. FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING DEFINITIONS:
  (A) "COMMERCIAL SATELLITE" SHALL MEAN A SATELLITE THAT HAS BEEN PLACED
INTO  ORBIT AROUND THE EARTH BY A PERSON, CORPORATION, LIMITED LIABILITY
COMPANY, ORGANIZATION OR GOVERNMENT, OTHER THAN  THE  FEDERAL  OR  STATE
GOVERNMENT.
  (B) "COMMERCIAL UNMANNED AERIAL VEHICLE" SHALL MEAN AN UNMANNED AERIAL
VEHICLE THAT IS PLACED INTO FLIGHT AND/OR CONTROLLED BY A PERSON, CORPO-
RATION,  LIMITED  LIABILITY  COMPANY,  ORGANIZATION OR GOVERNMENT, OTHER
THAN THE FEDERAL OR STATE GOVERNMENT; BUT  SHALL  NOT  INCLUDE  A  MODEL
AIRCRAFT FLOWN STRICTLY FOR HOBBY OR RECREATIONAL USE, THAT IS LESS THAN
SIXTY  POUNDS, OPERATED WITHIN A VISUAL LINE OF SIGHT, AT A FLIGHT ALTI-
TUDE CEILING OF  NOT MORE THAN FOUR HUNDRED  FEET,  AND  THAT  DOES  NOT
INTERFERE WITH AND GIVES RIGHT OF WAY TO ALL OTHER AIRCRAFT.
  (C)  "IMAGE  OR  RECORDING"  SHALL  MEAN  THE  PHYSICAL  OR ELECTRONIC
CAPTURE, COLLECTION, MAINTENANCE, POSTING, TRANSMITTING OR  BROADCASTING
OF ANY:
  (I) THERMAL, INFRARED, ULTRAVIOLET, VISIBLE LIGHT OR OTHER ELECTROMAG-
NETIC WAVES;
  (II) SOUND WAVES; OR
  (III) ODORS.
  (D)  "SATELLITE" SHALL MEAN AN ARTIFICIAL OBJECT WHICH HAS BEEN INTEN-
TIONALLY PLACED INTO ORBIT AROUND THE EARTH BY  A  PERSON,  CORPORATION,
LIMITED  LIABILITY  COMPANY,  ORGANIZATION  OR GOVERNMENT, WHICH HAS THE
CAPABILITY OF:
  (I)  CAPTURING,  COLLECTING,  MAINTAINING,  POSTING,  TRANSMITTING  OR
BROADCASTING AN IMAGE OR RECORDING; OR
  (II) DEPLOYING, FIRING, LAUNCHING OR TRANSMITTING AN ELECTRONIC SIGNAL
OR KINETIC PROJECTILE, THAT CAN CAUSE HARM OR DESTRUCTION TO A PERSON OR
PROPERTY.
  (E)  "UNMANNED AERIAL VEHICLE" SHALL MEAN AN ARTIFICIAL OBJECT CAPABLE
OF FLIGHT, WITHOUT A HUMAN PILOT, WHICH IS  PLACED  INTO  FLIGHT  AND/OR
CONTROLLED,  BY A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ORGAN-
IZATION OR GOVERNMENT, AND IS OPERATED EITHER AUTONOMOUSLY BY  COMPUTERS
IN THE VEHICLE ITSELF, OR UNDER THE REMOTE CONTROL OF AN OPERATOR ON THE
GROUND OR IN ANOTHER VEHICLE, AND WHICH HAS THE CAPACITY OF:
  (I)  CAPTURING,  COLLECTING,  MAINTAINING,  POSTING,  TRANSMITTING  OR
BROADCASTING AN IMAGE OR RECORDING; OR

S. 7639                             3

  (II) DEPLOYING, FIRING, LAUNCHING OR TRANSMITTING AN ELECTRONIC SIGNAL
OR KINETIC PROJECTILE, THAT CAN CAUSE HARM OR DESTRUCTION TO A PERSON OR
PROPERTY.
  3.  PROTECTION  OF  PERSONAL PRIVACY.   IN ACCORDANCE WITH ARTICLE TWO
HUNDRED FIFTY-TWO OF THE PENAL LAW,  NO  IMAGE  OR  RECORDING  SHALL  BE
CAPTURED,  COLLECTED, MAINTAINED, POSTED, TRANSMITTED OR BROADCAST BY OR
FROM A COMMERCIAL SATELLITE OR A COMMERCIAL UNMANNED AERIAL VEHICLE,  OF
ANY PERSON OR THEIR PRIVATE PROPERTY, UNLESS SUCH IMAGE OR RECORDING WAS
CAPTURED, COLLECTED, MAINTAINED, POSTED, TRANSMITTED OR BROADCAST:
  (A) FOR THE PURPOSE OF PROFESSIONAL OR SCHOLARLY RESEARCH AND DEVELOP-
MENT BY A PERSON ACTING ON BEHALF OF AN INSTITUTION OF HIGHER EDUCATION,
INCLUDING A PERSON WHO IS:
  (I) A PROFESSOR, EMPLOYEE, OR STUDENT OF SUCH INSTITUTION; OR
  (II) UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIRECTION OR ON
BEHALF OF SUCH INSTITUTION;
  (B)  FOR THE PURPOSE OF PROTECTING, MONITORING OR MAINTAINING AIRSPACE
WHICH:
  (I) IS DESIGNATED AS A TEST SITE OR RANGE AUTHORIZED  BY  THE  FEDERAL
AVIATION ADMINISTRATION FOR THE PURPOSE OF INTEGRATING UNMANNED AIRCRAFT
SYSTEMS INTO THE NATIONAL AIRSPACE; OR
  (II) IS USED FOR COMMERCIAL OR MILITARY AIRCRAFT;
  (C)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED AERIAL VEHICLE PURSUANT TO CONTRACT WITH, OR AS PART OF AN
OPERATION, EXERCISE OR MISSION OF THE  UNITED  STATES  ARMY,  NAVY,  AIR
FORCE,  MARINES CORPS OR COAST GUARD OR THE RESERVE UNITS THEREOF, OR OF
THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK  STATE  GUARD,  OR
NEW YORK STATE NAVAL MILITIA;
  (D)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED AERIAL VEHICLE PURSUANT TO A CONTRACT WITH, OR AS PART  OF
AN  OPERATION,  EXERCISE  OR  MISSION OF THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY OR ANY AGENCY THEREOF, THE DIVISION OF HOMELAND  SECU-
RITY  AND EMERGENCY SERVICES, THE UNITED STATES DEPARTMENT OF JUSTICE OR
ANY AGENCY THEREOF, THE DIVISION OF STATE POLICE, OR A POLICE DEPARTMENT
OR FIRE DEPARTMENT OF ANY POLITICAL SUBDIVISION OF THE STATE, OR OF  ANY
STATE  AGENCY  OR PUBLIC AUTHORITY AS MAY BE DESIGNATED BY THE GOVERNOR,
UPON THE JOINT RECOMMENDATION OF THE COMMISSIONER  OF  THE  DIVISION  OF
HOMELAND SECURITY AND EMERGENCY SERVICES AND THE SUPERINTENDENT OF STATE
POLICE;
  (E)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED AERIAL VEHICLE, TO  AID  OR  ASSIST  IN  THE  DEVELOPMENT,
CREATION AND/OR PRODUCTION OF MAPS, GEOLOGICAL SURVEYS OR LAND SURVEYS;
  (F)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED  AERIAL  VEHICLE,  TO  AID  OR  ASSIST  IN  THE  PLANNING,
CONSTRUCTION  OR  MAINTENANCE  OF ELECTRIC UTILITIES, NATURAL GAS UTILI-
TIES, WATER  UTILITIES,  TELEPHONE,  INTERNET  OR  OTHER  COMMUNICATIONS
SYSTEMS,  INCLUDING  THEIR  MAINTENANCE AND OPERATION FACILITIES, TRANS-
MISSION LINES AND FACILITIES, AND RELATED FACILITIES AND SYSTEMS;
  (G) FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL  UNMANNED AERIAL VEHICLE, BY A BROADCAST OR PRINT MEDIA NEWS ORGAN-
IZATION, TO HAVE THE IMAGES OR RECORDINGS COLLECTED, BROADCAST,  PRINTED
OR DISPLAYED FOR PUBLIC INFORMATION AND/OR NEWS;
  (H)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED  AERIAL  VEHICLE,  TO  AID  OR  ASSIST  IN  THE  PLANNING,
CONSTRUCTION,  MAINTENANCE OR TRAFFIC OF ROADWAYS, HIGHWAYS, BIKE PATHS,
WALKWAYS,  CANALS,  RAILROADS,  WATER  SYSTEMS,   RESERVOIRS,   BRIDGES,
TUNNELS, RIVERS, SEAWAYS, SUBWAYS, OR FACILITIES APPURTENANT THERETO;

S. 7639                             4

  (I)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED  AERIAL  VEHICLE,  TO  AID  OR  ASSIST  IN  THE  PLANNING,
CONSTRUCTION  OR  MAINTENANCE  OF COMMERCIAL BUILDINGS, HOUSING, PARKING
FACILITIES, FENCES OR FACILITIES APPURTENANT THERETO;
  (J)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED AERIAL VEHICLE, TO AID OR ASSIST IN THE STUDY, TRACKING OR
PREDICTION OF WEATHER, CLIMATE OR OTHER METEOROLOGICAL EVENTS;
  (K) FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL UNMANNED AERIAL VEHICLE, TO AID OR ASSIST IN THE STUDY, TRACKING OR
PREDICTION OF WILDLIFE OR VEGETATION;
  (L)  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED  AERIAL  VEHICLE,  TO  AID  OR  ASSIST  IN  THE  PLANNING,
CONSTRUCTION,  MAINTENANCE  OR  OPERATION OF FARMS, AGRICULTURAL FACILI-
TIES, OR FOOD OR LIVESTOCK MAINTENANCE OR PROCESSING FACILITIES;
  (M) FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL UNMANNED AERIAL VEHICLE, TO AID OR ASSIST IN THE STUDY, PREVENTION,
MANAGEMENT,  RESPONSE OR RECOVERY TO FLOODING, FIRES OR OTHER NATURAL OR
MAN MADE DISASTERS;
  (N) FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL  UNMANNED  AERIAL VEHICLE, TO AID OR ASSIST IN THE DESIGN, TESTING,
CONSTRUCTION, MANUFACTURE AND/OR PRODUCTION OF  SATELLITES  OR  UNMANNED
AERIAL  VEHICLES  BY A PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR
ORGANIZATION IN THE REGULAR COURSE  OF  BUSINESS  THAT  DESIGNS,  TESTS,
CONSTRUCTS, MANUFACTURES OR PRODUCES SATELLITES OR UNMANNED AERIAL VEHI-
CLES; OR
  (O)  WITH  THE  WRITTEN  CONSENT  OF  THE  PERSON OF WHOM THE IMAGE OR
RECORDING IS TAKEN, OR WHO OWNS OR LAWFULLY OCCUPIES THE  REAL  PROPERTY
CAPTURED IN THE IMAGE OR RECORDING.
  S  3.  Title  N  of part 3 of the penal law is amended by adding a new
article 252 to read as follows:
                               ARTICLE 252
          OFFENSE INVOLVING COMMERCIAL SATELLITES OR COMMERCIAL
                        UNMANNED AERIAL VEHICLES
SECTION 252.00 DEFINITIONS.
        252.05 CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE IN
                THE THIRD DEGREE.
        252.10 CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE IN
                THE SECOND DEGREE.
        252.15 CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE IN
                THE FIRST DEGREE.
S 252.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE.
  1. "COMMERCIAL SATELLITE" MEANS A SATELLITE THAT HAS BEEN PLACED  INTO
ORBIT  AROUND  THE  EARTH  BY  A  PERSON, CORPORATION, LIMITED LIABILITY
COMPANY, ORGANIZATION OR GOVERNMENT, OTHER THAN  THE  FEDERAL  OR  STATE
GOVERNMENT.
  2.  "COMMERCIAL UNMANNED AERIAL VEHICLE" SHALL MEAN AN UNMANNED AERIAL
VEHICLE THAT IS PLACED INTO FLIGHT AND/OR CONTROLLED BY A PERSON, CORPO-
RATION, LIMITED LIABILITY COMPANY,  ORGANIZATION  OR  GOVERNMENT,  OTHER
THAN  THE  FEDERAL  OR  STATE  GOVERNMENT; BUT SHALL NOT INCLUDE A MODEL
AIRCRAFT FLOWN STRICTLY FOR HOBBY OR RECREATIONAL USE, THAT IS LESS THAN
SIXTY POUNDS, OPERATED WITHIN A VISUAL LINE OF SIGHT, AT A FLIGHT  ALTI-
TUDE  CEILING  OF  NOT  MORE  THAN  FOUR HUNDRED FEET, AND THAT DOES NOT
INTERFERE WITH, AND GIVES RIGHT OF WAY TO, ALL OTHER AIRCRAFT.
  3. "IMAGE OR RECORDING" MEANS  THE  PHYSICAL  OR  ELECTRONIC  CAPTURE,
COLLECTION, MAINTENANCE, POSTING, TRANSMITTING OR BROADCASTING OF ANY:

S. 7639                             5

  (A) THERMAL, INFRARED, ULTRAVIOLET, VISIBLE LIGHT OR OTHER ELECTROMAG-
NETIC WAVES;
  (B) SOUND WAVES; OR
  (C) ODORS.
  4. "SATELLITE" MEANS AN ARTIFICIAL OBJECT WHICH HAS BEEN INTENTIONALLY
PLACED  INTO  ORBIT  AROUND  THE EARTH BY A PERSON, CORPORATION, LIMITED
LIABILITY COMPANY, ORGANIZATION OR GOVERNMENT, WHICH HAS THE  CAPABILITY
OF:
  (A)  CAPTURING,  COLLECTING,  MAINTAINING,  POSTING,  TRANSMITTING  OR
BROADCASTING AN IMAGE OR RECORDING; OR
  (B) DEPLOYING, FIRING, LAUNCHING OR TRANSMITTING AN ELECTRONIC  SIGNAL
OR KINETIC PROJECTILE, THAT CAN CAUSE HARM OR DESTRUCTION TO A PERSON OR
PROPERTY.
  5.  "UNMANNED  AERIAL  VEHICLE"  MEANS AN ARTIFICIAL OBJECT CAPABLE OF
FLIGHT, WITHOUT A HUMAN  PILOT,  WHICH  IS  PLACED  INTO  FLIGHT  AND/OR
CONTROLLED,  BY A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ORGAN-
IZATION OR GOVERNMENT, AND IS OPERATED EITHER AUTONOMOUSLY BY  COMPUTERS
IN THE VEHICLE ITSELF, OR UNDER THE REMOTE CONTROL OF AN OPERATOR ON THE
GROUND OR IN ANOTHER VEHICLE, AND WHICH HAS THE CAPACITY OF:
  (A)  CAPTURING,  COLLECTING,  MAINTAINING,  POSTING,  TRANSMITTING  OR
BROADCASTING AN IMAGE OR RECORDING; OR
  (B) DEPLOYING, FIRING, LAUNCHING OR TRANSMITTING AN ELECTRONIC  SIGNAL
OR KINETIC PROJECTILE, THAT CAN CAUSE HARM OR DESTRUCTION TO A PERSON OR
PROPERTY.
S  252.05  CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE IN THE
           THIRD DEGREE.
  A PERSON SHALL BE GUILTY OF CRIMINAL USE OF A  SATELLITE  OR  UNMANNED
AERIAL  VEHICLE IN THE THIRD DEGREE, WHEN HE OR SHE INTENTIONALLY USES A
COMMERCIAL SATELLITE OR COMMERCIAL UNMANNED AERIAL VEHICLE  TO  CAPTURE,
COLLECT,  MAINTAIN, POST, TRANSMIT OR BROADCAST AN IMAGE OR RECORDING OF
A PERSON OR HIS OR HER PROPERTY, UNLESS  SUCH  IMAGE  OR  RECORDING  WAS
CAPTURED, COLLECTED, MAINTAINED, POSTED, TRANSMITTED OR BROADCAST:
  1.  FOR THE PURPOSE OF PROFESSIONAL OR SCHOLARLY RESEARCH AND DEVELOP-
MENT BY A PERSON ACTING ON BEHALF OF AN INSTITUTION OF HIGHER EDUCATION,
INCLUDING A PERSON WHO IS:
  (A) A PROFESSOR, EMPLOYEE, OR STUDENT OF SUCH INSTITUTION; OR
  (B) UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIRECTION OR  ON
BEHALF OF SUCH INSTITUTION;
  2.  FOR  THE PURPOSE OF PROTECTING, MONITORING OR MAINTAINING AIRSPACE
WHICH:
  (A) IS DESIGNATED AS A TEST SITE OR RANGE AUTHORIZED  BY  THE  FEDERAL
AVIATION ADMINISTRATION FOR THE PURPOSE OF INTEGRATING UNMANNED AIRCRAFT
SYSTEMS INTO THE NATIONAL AIRSPACE; OR
  (B) IS USED FOR COMMERCIAL OR MILITARY AIRCRAFT;
  3. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED  AERIAL  VEHICLE  PURSUANT  TO  CONTRACT WITH, OR AS PART OF AN
OPERATION, EXERCISE, OR MISSION OF THE UNITED  STATES  ARMY,  NAVY,  AIR
FORCE,  MARINE CORPS OR COAST GUARD, OR THE RESERVE UNITS THEREOF, OR OF
THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW YORK  STATE  GUARD,  OR
NEW YORK STATE NAVAL MILITIA;
  4. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED  AERIAL  VEHICLE  PURSUANT TO A CONTRACT WITH, OR AS PART OF AN
OPERATION, EXERCISE OR MISSION OF THE UNITED STATES DEPARTMENT OF  HOME-
LAND  SECURITY  OR ANY AGENCY THEREOF, THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES, THE UNITED STATES DEPARTMENT OF JUSTICE  OR  ANY
AGENCY  THEREOF, THE DIVISION OF STATE POLICE, OR A POLICE DEPARTMENT OR

S. 7639                             6

FIRE DEPARTMENT OF ANY POLITICAL SUBDIVISION OF THE  STATE,  OR  OF  ANY
STATE  AGENCY  OR PUBLIC AUTHORITY AS MAY BE DESIGNATED BY THE GOVERNOR,
UPON THE JOINT RECOMMENDATION OF THE COMMISSIONER  OF  THE  DIVISION  OF
HOMELAND SECURITY AND EMERGENCY SERVICES AND THE SUPERINTENDENT OF STATE
POLICE;
  5. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED  AERIAL  VEHICLE, TO AID OR ASSIST IN THE DEVELOPMENT, CREATION
AND/OR PRODUCTION OF MAPS, GEOLOGICAL SURVEYS OR LAND SURVEYS;
  6. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED AERIAL VEHICLE, TO AID OR ASSIST IN THE PLANNING,  CONSTRUCTION
OR MAINTENANCE OR ELECTRIC UTILITIES, NATURAL GAS UTILITIES, WATER UTIL-
ITIES,  TELEPHONE,  INTERNET  OR OTHER COMMUNICATIONS SYSTEMS, INCLUDING
THEIR MAINTENANCE  AND  OPERATION  FACILITIES,  TRANSMISSION  LINES  AND
FACILITIES, AND RELATED FACILITIES AND SYSTEMS;
  7. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED  AERIAL  VEHICLE,  BY A BROADCAST OR PRINT MEDIA NEWS ORGANIZA-
TION, TO HAVE THE IMAGES OR RECORDINGS COLLECTED, BROADCAST, PRINTED  OR
DISPLAYED FOR PUBLIC INFORMATION AND/OR NEWS;
  8. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED   AERIAL      VEHICLE,  TO  AID  OR  ASSIST  IN  THE  PLANNING,
CONSTRUCTION, MAINTENANCE OR TRAFFIC OF ROADWAYS,  HIGHWAYS, BIKE PATHS,
WALKWAYS,  CANALS,  RAILROADS,  WATER  SYSTEMS,   RESERVOIRS,   BRIDGES,
TUNNELS, RIVERS, SEAWAYS, SUBWAYS, OR FACILITIES APPURTENANT THERETO;
  9. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMERCIAL
UNMANNED AERIAL  VEHICLE, TO AID OR ASSIST IN THE PLANNING, CONSTRUCTION
OR  MAINTENANCE  OF COMMERCIAL   BUILDINGS, HOUSING, PARKING FACILITIES,
FENCES OR FACILITIES APPURTENANT THERETO;
  10. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL  UNMANNED AERIAL   VEHICLE, TO AID OR ASSIST IN THE STUDY, TRACKING
OR PREDICTION OF WEATHER, CLIMATE OR OTHER  METEOROLOGICAL EVENTS;
  11. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL UNMANNED AERIAL VEHICLE, TO AID OR ASSIST IN THE STUDY, TRACKING OR
PREDICTION OF WILDLIFE OR VEGETATION;
  12.  FOR  THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE OR COMMER-
CIAL UNMANNED  AERIAL  VEHICLE,  TO  AID  OR  ASSIST  IN  THE  PLANNING,
CONSTRUCTION,  MAINTENANCE  OR  OPERATION OF FARMS, AGRICULTURAL FACILI-
TIES, OR FOOD OR LIVESTOCK MAINTENANCE OR PROCESSING FACILITIES;
  13. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL UNMANNED AERIAL VEHICLE, TO AID OR ASSIST IN THE STUDY, PREVENTION,
MANAGEMENT,  RESPONSE OR RECOVERY TO FLOODING, FIRES OR OTHER NATURAL OR
MAN MADE DISASTERS;
  14. FOR THE PURPOSE OF OPERATING THE COMMERCIAL SATELLITE  OR  COMMER-
CIAL  UNMANNED  AERIAL VEHICLE, TO AID OR ASSIST IN THE DESIGN, TESTING,
CONSTRUCTION, MANUFACTURE AND/OR PRODUCTION OF  SATELLITES  OR  UNMANNED
AERIAL  VEHICLES  BY A PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR
ORGANIZATION IN THE REGULAR COURSE  OF  BUSINESS  THAT  DESIGNS,  TESTS,
CONSTRUCTS, MANUFACTURES OR PRODUCES SATELLITES OR UNMANNED AERIAL VEHI-
CLES; OR
  15.  WITH  THE  WRITTEN  CONSENT  OF  THE  PERSON OF WHOM THE IMAGE OR
RECORDING IS TAKEN, OR WHO OWNS OR LAWFULLY OCCUPIES THE  REAL  PROPERTY
CAPTURED IN THE IMAGE OR RECORDING.
  CRIMINAL  USE  OF  A SATELLITE OR UNMANNED AERIAL VEHICLE IN THE THIRD
DEGREE IS A CLASS E FELONY.
S 250.10 CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE  IN  THE
           SECOND DEGREE.

S. 7639                             7

  A  PERSON  SHALL  BE GUILTY OF CRIMINAL USE OF A SATELLITE OR UNMANNED
AERIAL VEHICLE IN THE SECOND DEGREE, WHEN HE OR SHE INTENTIONALLY  USES,
OPERATES, HIJACKS OR CONTROLS ANY SATELLITE OR ANY UNMANNED AERIAL VEHI-
CLE,  WITHOUT  THE PERMISSION OF THE OWNER THEREOF, IF SUCH SATELLITE OR
UNMANNED  AERIAL  VEHICLE  HAS  THE CAPABILITY OF CAPTURING, COLLECTING,
MAINTAINING, POSTING, TRANSMITTING OR BROADCASTING AN IMAGE  OR  RECORD-
ING,  OR  DEPLOYING,  FIRING,  LAUNCHING  OR  TRANSMITTING AN ELECTRONIC
SIGNAL OR KINETIC PROJECTILE, THAT CAN CAUSE HARM OR  DESTRUCTION  TO  A
PERSON OR PROPERTY.
  CRIMINAL  USE  OF A SATELLITE OR UNMANNED AERIAL VEHICLE IN THE SECOND
DEGREE IS A CLASS D FELONY.
S 252.15 CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE  IN  THE
           FIRST DEGREE.
  A  PERSON  SHALL  BE GUILTY OF CRIMINAL USE OF A SATELLITE OR UNMANNED
AERIAL VEHICLE IN THE FIRST DEGREE, WHEN HE OR SHE  INTENTIONALLY  USES,
OPERATES, HIJACKS OR CONTROLS ANY SATELLITE OR ANY UNMANNED AERIAL VEHI-
CLE,  WITHOUT  THE  PERMISSION  OF THE OWNER, TO DEPLOY, FIRE, LAUNCH OR
TRANSMIT AN ELECTRONIC SIGNAL OR KINETIC PROJECTILE, THAT CAN CAUSE HARM
OR DESTRUCTION TO A PERSON OR PROPERTY.
  CRIMINAL USE OF A SATELLITE OR UNMANNED AERIAL VEHICLE  IN  THE  FIRST
DEGREE IS A CLASS C FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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