Bill S7639-2013

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

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

Details

Actions

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

Meetings

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 28, 2014
Ayes (9): Ball, Carlucci, Flanagan, Golden, Grisanti, Larkin, Zeldin, Sanders, Latimer
Ayes W/R (4): Griffo, Addabbo, Gipson, Tkaczyk

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7639 IN SENATE 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
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
(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;
(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:
(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
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.
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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