July 23rd, 2014

Court Refuses to Hear Challenge to FAA’s Drone Cease-and-Desist Orders

A Federal appeals court in Washington, DC, has dismissed a lawsuit against the Federal Aviation Administration (FAA) by a search-and-rescue group in Texas that uses drones in its work, but both sides in the case are declaring victory.

Texas EquuSearch had tried to overturn an email from the FAA ordering the group to stop operating unmanned aerial vehicles (UAVs), commonly called drones, in its search-and-rescue operations, the AP reports.

The three-judge panel said it could not review the case because the warning notice the FAA sent to did not represent the agency’s final policy on drone use, “nor did it give rise to any legal consequences.” The FAA is expected to finalize its policy on piloting drones for non-recreational use next year. The policy could affect photographers who  use drones to carry cameras on assignment.

The court’s ruling fails to clarify what authority the FAA has currently to regulate the use of drones.  In March, a federal administrative court judge overturned a $10,000 fine the FAA had imposed on photographer Raphael Pirker for using a drone to shoot a video for the University of Virginia, because the FAA still has no regulations on the books regarding the use of drones.

Brendan Schulman, the lawyer for Texas EquuSearch, told the site Motherboard that the appeals court ruling last week  “achieves the desired result of clarifying that Texas EquuSearch is not legally required to halt these humanitarian operations.” Texas EquuSearch has resumed piloting drones, AP reports.

In a statement, the FAA said, “The court’s decision in favor of the FAA regarding the Texas EquuSearch matter has no bearing on the FAA’s authority to regulate” unmanned aircraft vehicles. The FAA also said it reviews the use of drones “that are not for hobby or recreation on a case-by-case basis.”

Related Article
Commercial Drones are Legal, Federal Court Says

http://pdnpulse.pdnonline.com/2014/03/commercial-drones-are-legal-federal-court-says.html

July 9th, 2012

How Sean Hemmerle Photographed Drones

© The New York Times Magazine/photo: Sean Hemmerle

To accompany an article in the latest issue of The New York Times Magazine about how the Air Force trains its pilots to control unmanned drones used for deadly strikes in Pakistan and Yemen, the magazine assigned architecture and portrait photographer Sean Hemmerle to photograph the aircraft at Holloman Air Force Base, a training facility in New Mexico. His images, shot with a Mamiya 7, make the drones look stark and strange—“They’re blind moles in the sky,” says Hemmerle—and also technologically astonishing. That, says Hemmerle, was his intent. “When I got there I thought: Wow, these are strangely beautiful,” he says. “They’re curious to look at. I was hoping the pictures would sort of lull you in with beauty, and then hopefully an hour later you’ll say:  ‘What did I just see?’”

Stacey Baker, the photo editor at The New York Times Magazine who produced the shoot, says she gave Hemmerle a wish list of shots to take. Despite—or perhaps because of—the increasing criticism of the CIA’s use of remotely piloted drones to carry out assassinations in Pakistan, Yemen and elsewhere, Hemmerle was allowed to shoot everything on Baker’s list. “They basically threw open the doors to us,” explains Hemmerle, who was accompanied throughout the two-day shoot by First Lt. Logan Clark of the public affairs office. “They only asked that we not show the last names of the pilots.”

He photographed both types of remotely piloted aircraft (RPA), the Predator  and the Reaper, take offs and landings, a flight simulator, and rows of ground control stations (GCS): the windowless, antenna-studded containers from which pilots control the aircraft while watching video monitors. At Holloman, which is located near the White Sands Missile Range south of Albuquerque, trainees learn to hone in on targets by tracking cars driving along local highways.

Captain Emily Chilson, chief of public affairs at the base, tells PDN that Holloman is a training facility “so there’s nothing classified here.” The facility had hosted a “media day” for photographers and reporters in February; another media event is scheduled for later this month, Chilson says. Wanting something different for The Magazine, Baker secured permission to send a photographer when other press weren’t around. She contacted Hemmerle on May 11, and on May 15 he and Ari Burling, a photographer friend who acted as his assistant, flew from New York to New Mexico.

© The New York Times/photo by Sean Hemmerle

Hemmerle spent two 16-hour days, shooting from dawn to dusk, hoping to get the best light possible. Shooting in a World War II-era hanger, “They were long exposures, of 15 or 30 seconds, to make dawn look like day.” Baker had asked him to shoot film, and he backed up everything he shot on the Mamiya RZ by shooting with a Canon 5D Mark II. Once his film was processed, he looked through about 60 contact sheets and about 100 digital frames before sending a selection of his 20 favorites to Baker. Four images appeared in yesterday’s print edition; nine images appear online.

Hemmerle, who has shot in Lebanon, Iraq and Afghanistan, has photographed other centers of power.  Kathy Ryan, The Magazine’s director of photography, had recently seen Hemmerle’s photo of a meeting at US Central Command in Tampa, Florida, which he shot for the MIT Technology Review. Ryan and her husband, editor and curator Scott Thode, are co-curating an upcoming exhibition of work by School of Visual Arts alumni, and had visited Hemmerle’s studio two weeks before he got the call from Baker.

Hemmerle served in the US Army from 1984 to 1988, and believes mentioning this experience on his bio has helped him when he’s photographed the military. “The commanders are always respectful.” Of the Air Force personnel he met at Holloman, he says, “Everyone’s so accommodating, so professional, and smart, too.”

He didn’t know other photographers had visited at Holloman, and didn’t know why he was given so much access.  “I was thinking that if they’ll let me see that and they’ll let The New York Times publish it, it’s the cherry picked tip of the iceberg. When I see that we can photograph that, I’m like,  ‘What else you really got going on?’” He adds, “There’s a touch of Dr. Strangelove there,” referring to the Cold War movie about military hardware run amok, “but the experience of actually photographing them was fantastic.”