http://www.techdirt.com/ Easily digestible tech news.... http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1814 Wed, 22 May 2013 07:10:35 PDT http://www.techdirt.com/articles/20130521/10401723156/if-you-think-you-should-actually-own-products-you-bought-now-would-be-good-time-to-call-congress.shtml#c1814 http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c567 Wed, 22 May 2013 07:10:20 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c567 http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c374 Wed, 22 May 2013 07:09:44 PDT http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c374 =========================================================
FLORIDA v. RILEY, 488 U.S. 445 (1989), 488 U.S. 445, a case where a police helicopter observed cannabis.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=488&invol=445

"Any member of the public could legally have been flying over Riley's property in a helicopter at the altitude of 400 feet and could have observed Riley's greenhouse. The police officer did no more." "Neither is there any intimation here that the helicopter interfered with respondent's normal use of the greenhouse or of other parts of the curtilage. As far as this record reveals, no intimate details connected with the use of the home or curtilage were observed, and there was no undue noise, and no wind, dust, or threat of injury. In these circumstances, there was no violation of the Fourth Amendment."

------------------------------------------------------

JUSTICE BRENNAN, with whom JUSTICE MARSHALL and JUSTICE STEVENS join, dissenting.

"If so, I think we could take judicial notice that, while there may be an occasional privately owned helicopter that flies over populated areas at an altitude of 400 feet, such flights are a rarity and are almost entirely limited to approaching or leaving airports or to reporting traffic congestion near major roadways. And, as the concurrence agrees, ante, at 455, the extent of police surveillance traffic cannot serve as a bootstrap to demonstrate public use of the airspace."
===============================================================================
http://www.fas.org/nuke/guide/usa/doctrine/doe/o5632_7/o5632_7_c5_1.htm

Department of Energy Flight guidelines for security helicopters:

" g. Altitude Considerations.

(1) Routine Training and Operations.

(a) Daylight Operations. Aircraft shall maintain a minimum
altitude of 200 feet above any known obstacle within 500
feet either side of the planned route of flight during
daylight operations except for takeoff, approach, and
landing.

(b) Night and Night Vision Goggle Operations. Except for
takeoff, approach, and landing, aircraft shall maintain a
minimum altitude of 500 feet above ground level or 200
feet above the highest obstacle within 1,000 feet either
side of the planned flight route, whichever is higher.
When using night vision goggles, aircraft shall maintain
a minimum altitude of 300 feet above ground level or 200
feet above the highest obstacle within 1,000 feet of the
planned route of flight, whichever is higher.

(2) Hazard Mapping. Each aircraft shall be equipped with a map
displaying all identifiable hazards to flight within the
operating area. A map displaying all identifiable hazards to
flight and depicting elevation above ground level shall be
conspicuously posted in the mission planning area. Aircraft
maps and mission planning area maps shall be reviewed for
currency at least every 30 days and marked with the current
date.

h. Terrain Flight (Nap of the Earth, Contour and Low Level). There
are three modes of terrain flight: contour, low level, and nap, of
the earth. Terrain flight is flight at 200 feet or less above the
highest obstacle on the intended flight path. Terrain flight and
night vision device/goggle flight are essential to DOE tactical and
security needs. Low level or, contour flight may provide a
tactical advantage in a security emergency. Nap of the earth
flight is not essential to the Department's security needs and will
not be performed.

(1) Contour flight conforms with the contours of the earth and is
characterized by varying airspeeds and altitudes. Contour
flight altitudes are not less than 25 feet above the highest
obstacle.

(2) Low level flight is not less than 100 feet above the highest
obstacle. It is conducted at a selected altitude and
generally conforms to a predetermined course, with constant
airspeed.

(3) Nap of the earth flight is characterized by maneuvers as close
to the earth's surface as vegetation, obstacles, or ambient
light will permit."
====================================================================
http://amablog.modelaircraft.org/amagov/2012/02/15/president-signs-faa-bill-includes-protection-for-model-aviation/

=====================================================================

http://www.ar15.com/archive/topic.html?b=1&f=147&t=1152754
===========================================================
http://www.123helpme.com/view.asp?id=32597

Reference to: National Parks Overflights Act

http://nature.nps.gov/sound/policy.cfm

http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/air_tour_management_plan/documents/npatm_act136.pdf
defines a control zone, below 5000 ft. above ground level, in which regulation of air tour operators may take place.

specific prohibition on flying lower than 2000 ft above the rim in Yosemite
===========================================================]]> http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c351 Wed, 22 May 2013 07:08:30 PDT http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c351 http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml#c983 Wed, 22 May 2013 07:07:18 PDT http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml#c983 http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml#c986 Wed, 22 May 2013 07:07:18 PDT http://www.techdirt.com/articles/20130111/00145421637/just-how-dumb-is-it-cbs-to-block-cnet-giving-dish-award.shtml#c986 http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c546 Wed, 22 May 2013 07:06:15 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c546 http://www.techdirt.com/articles/20130521/15581423160/prenda-gets-some-tiny-bit-good-news-as-it-may-get-out-two-critical-cases.shtml#c212 Wed, 22 May 2013 07:05:14 PDT http://www.techdirt.com/articles/20130521/15581423160/prenda-gets-some-tiny-bit-good-news-as-it-may-get-out-two-critical-cases.shtml#c212 http://www.techdirt.com/articles/20130521/06034223155/quack-professor-releases-dumbest-violent-video-game-theory-ever.shtml#c194 Wed, 22 May 2013 07:02:38 PDT http://www.techdirt.com/articles/20130521/06034223155/quack-professor-releases-dumbest-violent-video-game-theory-ever.shtml#c194 http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c531 Wed, 22 May 2013 07:00:06 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c531
Therefore the court ORDERS that we be allowed the relief of listening to crying screaming children on Mondays, nails being dragged across chalk boards on Wednesdays and sounds of people vomiting on Fridays.]]> http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c508 Wed, 22 May 2013 06:57:50 PDT http://www.techdirt.com/articles/20130521/15164823159/bad-day-prenda-continues-judge-rejects-stay-adds-1k-per-day-each-day-they-dont-pay-up.shtml#c508 http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c763 Wed, 22 May 2013 06:54:17 PDT http://www.techdirt.com/articles/20130521/14172323158/judge-not-impressed-prenda-alan-cooper-lawsuit.shtml#c763 http://www.techdirt.com/articles/20130521/15581423160/prenda-gets-some-tiny-bit-good-news-as-it-may-get-out-two-critical-cases.shtml#c190 Wed, 22 May 2013 06:53:16 PDT http://www.techdirt.com/articles/20130521/15581423160/prenda-gets-some-tiny-bit-good-news-as-it-may-get-out-two-critical-cases.shtml#c190
First, with respect to Judge Scriven's ability to impose sanctions even after the underlying case is gone: Judges always retain jurisdiction to address sanctions, and she is free to do so here if she so chooses. Whether she will or not is a different question: it would be unusual, but she seemed pretty pissed off.

Second, with respect to Judge Chen's order: Recall that his previous order (which was implemented by this order) was without prejudice to the defendant filing a motion for attorneys' fees. There may well be further proceedings there, if the defendant chooses to do so.]]> http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c341 Wed, 22 May 2013 06:48:02 PDT http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c341 http://www.techdirt.com/articles/20130521/06034223155/quack-professor-releases-dumbest-violent-video-game-theory-ever.shtml#c180 Wed, 22 May 2013 06:47:15 PDT http://www.techdirt.com/articles/20130521/06034223155/quack-professor-releases-dumbest-violent-video-game-theory-ever.shtml#c180
And I can't tell you how many times I've felt an uncontrollable urge to kill dragons and bandits after an overnight Skyrim marathon. All this time I thought it was just sleep deprivation and the half-dozen bottles of NOS.]]> http://www.techdirt.com/articles/20130508/10233423003/bug-allows-same-sex-marriage-nintendo-game-nintendo-releases-patch-to-fix-it.shtml#c3834 Wed, 22 May 2013 06:46:33 PDT http://www.techdirt.com/articles/20130508/10233423003/bug-allows-same-sex-marriage-nintendo-game-nintendo-releases-patch-to-fix-it.shtml#c3834
This is the part where you must be reading a completely different US constitution than the rest of us.
Just to be clear, you and I are talking about the separation of Church and State - as in, there is no state-sponsored religion, where adherents of that faith enjoy special privileges and those of other faiths don't. Public schools in the US, being run by the government, cannot promote one religion over another, so this means no morning prayers for example.
How is it a violation of that to teach kids about homosexuality, say in biology or social ethics classes (or whatever you call them over there)? The schools, being public, cannot have edited lessons for each religion: they can't have a lesson in Biology for students belonging to the Nation of Islam faith teaching that black people are superior to non-blacks. Just like here, they can't have classes where homosexuality is a pertinant topic and either not mention them or say that they're evil/anti-human/immoral/whatever, because such a determination is subjective and discriminatory.

As for the parade link - you originally mentioned being at/seeing a parade where men sodomized each other. I, in disbelief that this would happen in public without falling afoul of public indecency laws (you and I can agree on no sex in public, gotta protect the kids innocence for a while longer), asked for proof, to which you gave me a link to a gay pride parade where no actual sex occurred.
As for playing the victim? Can you answer me, with a straight face, that a group of people who share a common characteristic, who were victimized over that trait, shouldn't hold pride parades? Were homosexuals victimized for being what they are?]]> http://www.techdirt.com/articles/20130517/18345423136/doj-dept-education-to-colleges-start-restricting-free-speech-campus-kiss-your-federal-funding-goodbye.shtml#c3642 Wed, 22 May 2013 06:45:36 PDT http://www.techdirt.com/articles/20130517/18345423136/doj-dept-education-to-colleges-start-restricting-free-speech-campus-kiss-your-federal-funding-goodbye.shtml#c3642 http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c323 Wed, 22 May 2013 06:44:18 PDT http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c323
I think the appropriate response is to call the cops, report a peeping tom, let him do some research in the municipal court system.

For that matter, use of hobby R/C aircraft is also restricted to certain areas in some cities/towns/hamlets/etc. If there were such a law where the incident occurred, I see no reason it wouldn't cover a "drone", "drone" being just a particular kind of R/C aircraft. Again, the pilot could "research" this possibility in the municipal court setting as well.

But the "garden hose" solutions proposed in other posts also sound satisfying.

Administering an "ass whoopin'", "ass kickin'", "beat down" or other euphemism for assault and battery cannot be condoned for legal and safety reasons. A citizen would have to make their own judgement call if they could win the physical and legal fight if that were the approach used.]]> http://www.techdirt.com/articles/20130520/11552823150/major-hollywood-studios-all-sent-bogus-dmca-takedowns-concerning-pirate-bay-documentary.shtml#c878 Wed, 22 May 2013 06:44:02 PDT http://www.techdirt.com/articles/20130520/11552823150/major-hollywood-studios-all-sent-bogus-dmca-takedowns-concerning-pirate-bay-documentary.shtml#c878 http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c308 Wed, 22 May 2013 06:42:48 PDT http://www.techdirt.com/articles/20130515/11032823096/how-low-can-drones-go.shtml#c308
In the United States, the Federal Aviation Administration (FAA) has the sole authority to control all airspace, exclusively determining the rules and requirements for its use. Typically, in the "Uncontrolled" category of airspace, any pilot can fly any aircraft as low as he or she wants, subject to the requirement of maintaining a 500-foot (150 m) distance from people and man-made structures except for purposes of takeoff and landing, and not causing any hazard.]]>