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Comment Re:Pre-emption (Score 1) 192

There is a difference and that is the law states that the FAA is the exclusive authority. The same is not true for medical issues, a lot of federal authority has been delegated to the states.

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. U.S. Const. art. VI., Â 2. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions.

For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.

Congress has preempted state regulation in many areas. In some cases, such as medical devices, Congress preempted all state regulation. In others, such as labels on prescription drugs, Congress allowed federal regulatory agencies to set national minimum standards, but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators. Where rules or regulations do not clearly state whether or not preemption should apply, the Supreme Court tries to follow lawmakersâ(TM) intent, and prefers interpretations that avoid preempting state laws.

Comment Total Information Awareness (Score 3, Interesting) 264

It's John Poindexter's Total Information Awareness. Even though it was blocked by congress it was quietly renamed. The entire Air Screening program is unconstitutional, but the judges just don't have the balls to rule that way in court.

Total Information Awareness (TIA) was a program of the US Information Awareness Office. It was operated from February until May 2003, before being renamed as the Terrorism Information Awareness Program.[4][5]

Based on the concept of predictive policing, TIA aimed to gather detailed information about individuals in order to anticipate and prevent crimes before they are committed.[6] As part of efforts to win the War on Terror, the program searched for all sorts of personal information in the hunt for terrorists around the globe.[7] According to Senator Ron Wyden (D-Ore.), TIA was the "biggest surveillance program in the history of the United States".[8]

The program was suspended in late 2003 by the United States Congress after media reports criticized the government for attempting to establish "Total Information Awareness" over all citizens.[9][10][11]

Although the program was formally suspended, its data mining software was later adopted by other government agencies, with only superficial changes being made. According to a 2012 New York Times article, the legacy of Total Information Awareness is "quietly thriving" at the National Security Agency (NSA).[12]

Comment Re:Hovered over property for only 22 seconds .. (Score 2) 664

You do not have the rights to air above your max usage of the property a court case decided by the supreme court stated a farmer could control the air above his property to 83' Which was the height of his barn. He had no rights above that point. This mans house was no more than 20-30' high. the drone crossed the property at arund 250' and got higher as it crossed the property in question.

The man who shot it down is guilty of a felony, and should be charged as such.

Comment Re:Yeah 22 seconds? (Score 1) 664

Try this scenario. Daughter, "Dad there's a drone coming this way, I can see it a few houses down."

Dad grabs shotgun, "If that thing come on my property I am shooting it down."

Runs outside and shoots it almost as soon as it comes over property. The drone did not stop over this mans property as shown in the data recording. It crossed his property in 3 seconds. It did stop for about 20 seconds over his neighbor's property.

The legally right to control your property stops at your highest usage of the property. So Lets say his house was 20-30 feet high. That's the extent of his control. The drone crossed his property at nearly 300' above the ground. Well outside of his area of control. He's guilty and should be charged to the fullest extent of the law.

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