Rethinking the regulatory framework for Small Unmanned Aircraft: The case for protecting privacy and property rights in the lowermost reaches of the atmosphere

Small Unmanned Aircraft Systems (sUAS) have the ability operate in chaotic and heterogeneous environments near the ground that are inaccessible to manned aircraft. This is significant because navigable airspace, which is in the public domain and preempted by federal laws, is defined by the minimum safe altitudes of flight. Since many sUAS arguably have no minimum safe altitude, they could potentially expand navigable airspace to the ground, posing a serious challenge to property rights, privacy expectations, and local control. This paper discusses the issue in historical context, raises new questions about the current direction for sUAS regulation, and suggests an alternative framework that would have benefits for governmental efficiency, the civilian UAS industry, and the public at large.