The Rise of the Drones – A Need for the Comprehensive Federal Regulation of Robot Aircraft

In Iraq, Afghanistan and Yemen, weaponized flying robots project military power. As peace returns, visionaries plan to repatriate this technology for commercial use. They promise us a bright future where robotic aircraft deliver beer and burritos. Why risk a DUI, when you can use your very own Drone?Unfortunately, the FAA Modernization and Reform Act of 2012 does not provide a suitable framework for us to welcome the arrival of the Drones. The Act specifically embraces the idea that Drones differ so greatly from other commercial flying machines that they can only exist in the absence of comprehensive regulation. This is a major break from deeply rooted traditions of certification and operational responsibility enshrined in current aviation law.Robotic aircraft pose additional problems. Drones do not fleet across the sky like “vagrant clouds”; they leave permanent contrails across cyberspace. Equipped with high resolution cameras, the possibility of a private or government Drone obtaining information that breaches a citizen's “reasonable expectation of privacy” seems likely. Such a scenario triggers a visceral response among many civil libertarians.This monograph describes how robotic aircraft technology will cause existing Federalism, Commerce Power, and Fourth Amendment doctrines to collide in unexpected and consequential manners. As Drones become prevalent, their use will trigger lawsuits. Resolution of these cases and controversies, when decided upon by our Supreme Court, will broadly impact our nation's legal fabric