FAA Sued for Illegal Remote ID | Lawsuit Outcome to Impact UAS Policy, UTM, and UAS Integration

Today's show is about RaceDayQuads, a hobby shop with a large financial stake in the sUAS do-it-yourself world, filing a lawsuit against FAA over Remote ID. They argue that Remote ID violates Constitutional guarantees.

RaceDayQuads sued the FAA in April early 2021 and filed the above arguments on August 4, 2021. Next, the FAA will reply to the argument in writing, which is due September 3, 2021. Then, RaceDayQuads will reply to their reply, due September 23, 2021. After that, The Department of Justice (DOJ) and RaceDayQuads will argue in court in front of a judge, which will likely happen this winter. The ruling is expected in the Spring of 2022.

The outcome of this lawsuit will impact UAS policy, UTM, and UAS integration into the NAS. Updates will come as the lawsuit continues

What is the Lawsuit About?

The argument alleges that tracking and recording GPS location violates the Fourth Amendment.

The lawsuit cites Carpenter v. United States to assert that Remote ID is “more intrusive” than technology “already recognized as unconstitutional.”

The argument alleges that the concept of FRIAs create a forced association with a private, dues-collecting organization to exercise privilege in the public airspace. This, the suit argues, is a violation of the First Amendment.

The argument alleges that a private entity being able to deny access to public services violates Fifth Amendment protections.

RaceDayQuads goes on to argue over the actual authority of the FAA. They assert that Congress has authorized the FAA to regulate “navigable airspace”…“above minimum altitude,” but that the Remote ID rule uses broader terminology than their authority, allowing themselves to regulate “airspace of the United States” (e.g., to the ground). The suit claims that backyards or below tree lines et cetera do not count as navigable airspace. As an aside, the suit also complains about not being able to register a park or one’s back yard as a FRIA.

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Timestamps

[1:00] - What the lawsuit against the FAA is all about?

[3:40] - What are the main arguments in the lawsuit against FAA?

[4:06] - Why is GPS collection a 4th amendment violation?

[10:00] - Is the remote ID a masked surveillance program by the FAA?

[13:30] - Is the FAAs definition of navigable airspace a constitutional and regulation issue?

[18:01] - Does the NPRM fail to meet its purpose? Is it an illegal rule-making process?

[22:43] - Is the FAA hiding details from drone pilots? 

[29:42] - Is FAA's remote-id regulation a violation of the first amendment?

[33:56] - Is a backyard navigable airspace and does data from the drone a breach of constitutional rights?

[38:18] - Why are carriers like T-Mobile and Comcast on the FAA panel and how is it a breach of individual constitutional rights? And what can the lawsuit aim to achieve?

[46:28] - Does the lawsuit potentially delay the rollout of drone regulations and what are its implications?