The Year Of The Drones

Trespass of chattels was first applied to the electronic context in 1996. The case Thrifty-Tel, Inc. v. Bezenek involved the illegal access of the plaintiff’s computer systems. Thrifty-Tel Inc. provided customers with long distance telephone service. Customers of Thrifty-Tel Inc. had their phones programmed with an access code and a six digit authorization code. The six digit authorization code directs all outgoing calls to Thrifty-Tel Inc. carrier system and the calls would be handled from there. Knowing both the access code and the authorization would allow a user to make unauthorized calls without being charged for the service. The Bezenek family was able to gain the access code from a friend working at Thrifty-Tel Inc. The Bezeneks

Trespass is defined as entering “private property without the owner's permission or entering portions of the public property that are off limits to the public,” and could result in being held liable for “civil or criminal trespass” (Digital Media Law Project, 2008). “Trespass to chattels is a tort whereby one party intentionally interferes or intentionally intermeddles with another person's lawful possession of a chattel” (Trespass to Chattels, 2016). Actual damage has to be shown in order to action. It is stated that “interference can be any physical contact with the chattel or by dispossession of the chattel by taking it, destroying it, or barring the owner's access to it” (Trespass to Chattels, 2016). These definitions

I choose the Supreme Court case United States v. Causby because initially it reminded me of the movie Burlesque. In the movie, a man named Marcus did not want the view of his penthouse to be ruined by a skyscraper being built right next to the window. So, instead of buying the land property, he bought the air rights. Owning these air rights means that he owned the air above the surface level. This is similar to this Supreme Court case because Lee Causby was suing for the disturbance being caused planes that was happening above his property, and common law doctrine said that ownership of land extends to the periphery of the universe. Lee Causby “owned a dwelling and a chicken farm near a municipal airport. The safe path of glide to one of the

§ 75.007. TRESPASSERS. (a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.

The action of trespass vi et armis instituted by the Circuit Court of the district of Missouri.

Under the current drone law, there would have been a much different outcome than in the Trinity River case cited above. If that case were to have happened today, there would have been serious ramifications to the model planes' operator. He would have been given a citation for merely taking or possessing each photo and arrested if he released the photographs to a third party. There would have been civil liability in the amount of $5000 for possession of the photographs, and up to $10,000 if even one picture was released. To add insult to injury, the photographs could not be used in any civil or criminal action, except to prove that they had been taken illegally. And if that weren’t enough, no evidence subsequently gathered as a result of the photographs could be used in court, since the initial evidence was gathered illegally. One can only ask who this legislation was intended to protect? Of course, governmental drones are unaffected and exempt from these types of

“A trespass occurs and liability is imposed with any intentional invasion of an individual’s right to the exclusive use of his or her own property.” (McAdams, 2009)

1. Trespass to land is an “unjustified, direct interference” with land possessed by another, which is actionable without proof of actual damage . ‘Land’ refers the surface of the earth, the subsoil and airspace as far as is necessary for ordinary use , and anything fixed to the surface . An intentional or negligent act is necessary to sue in trespass, and all actions discussed below regarding trespass meet these criteria.

In order to claim trespass, there must be a physical intrusion upon the property of another without the proper permission from the person legally entitled to possession of that property. Intrusion can occur when an actor intentionally enter the possessed land or when an actor causes something else to enter the land. For this claim, there does not need to be intent to harm for there to be liability. In the first project, metals and

First and foremost, a few torts are primary concerns that should be looked at. For one, trespassing on someone’s property in the airspace above their property could open the business up to civil lawsuit for the tort of trespassing. Landowners have the right to exclude others from entering the property, this includes not only on the surface but above and below ground. However, the entire airspace above someone’s lands is not entirely protected by trespassing laws or air travel would not be possible. Currently, it appears that I could be consider trespassing if my drone is directly on someone’s land and the drone is not higher than a height that is reasonably useable by the landowner. What needs to be clearly understood is can I operate my drone over someone else’s land that I do not have permission to. If I am able to fly my drones over their land, at what height do I need to be that is considered reasonable? How far am I able to go into their land? As a business owner if I do decide to operate at a high level above someone’s property I have a duty of care to ensure that I do not cause any harm to their

Bailey, a trespasser attacked the Plaintiff in the Apartment on two occasions. The first attack occurred on February 6, 2016 when Bailey came to return the Plaintiff’s belongings. The Plaintiff authorized him to come to the Apartment only to return her belongings. But, he came to the Apartment only to persuade her to get back into relationship with him. Therefore, his presence in the Apartment was beyond the scope of the Plaintiff’s consent, and hence, he was a trespasser.

Ms Sophie Marsh has possible actions in a trespass to land and a private nuisance against Mr. Frank Stark. Marsh could however be liable of committing a trespass to person, specifically battery, to Stark’s person. The conclusions of each element of the tortious actions, the relevant defences and remedies which may arise from the facts and time periods applicable to each action will be discussed below. Additionally, any further legal facts required to reach informed legal conclusions will be noted.

A famous case of drones being used unsafely happened October 2016 in Dubai where a drone entered into the airspace of Dubai International airport. This drone ended up preventing any flights from departing and arriving at the airport for over an hour, inconveniencing thousands and costing airlines millions. These sorts of unauthorized drone flights have closed the Dubai airport already twice in 2016 making this the 3rd occurrence.12

[R] The first is a trespasser. A trespasser is one who enters the land of another without the consent of the owner. The only duty a landowner owes a trespasser is to not willfully or wantonly injure the trespasser. Sanders v. Perfecting Church, 303 Mich.App. 1,4, 840 N.W.2d 401, 404 (2013). [R] The second status is a licensee. A licensee is a person, such as a social guest, that has the landowner’s permission to enter the land. Id. at 4, 840 N.W.2d at 404.The duty a landowner has to a licensee is to warn the licensee of any hidden dangers that the landowner is aware or should have awareness of, if the danger is not open or obvious. Id. at 5, 840 N.W. 2d at 404. “Social guests are licensees who assume the ordinary risks associated with their visit.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 592, 614 N.W.2d 88,91-92 (2000). [R]The last status of those entering the property of another is a business invitee. Because of the business context, the landowner has an additional duty that extends beyond that of the duty to a licensee. The landowner has an obligation to inspect the premises as to any dangers and, if

Drones are regarded as one of the edgy technology applications that are in a vigorous development cycle all over the world. Drone is a term used to describe unmanned airborne vehicle (UAVs) without a pilot. Drones can be controlled wirelessly using remote control and communication protocols as Wi-Fi or high frequency waves. Drones can navigate with a degree of autonomy using onboard Microcomputers. They have different types, sizes and degrees of autonomy. Each type of drones has its own ethical issues for usage. Drones have invaded many professions due to its high speed, accuracy, low cost, do not have to be rested and the most important thing is that it can handle dangerous missions without risking humans lives.