New York City and Washington DC are two US cities with some of the tightest restrictions on private and commercial drone flying.  Both cities typically point to their population density, as well as national security concerns, as reasons for these restrictions.  In New York for example recreational fliers can only fly drones in five of the city’s smaller parks; in fact, most of the city is completely off limits due to the presence of its two large airports, Kennedy and La Guardia, which prohibit drones in a 5-mile proximity. And Washington, DC has so many national monuments and government buildings that are off limits that flying a drone in the heart of the nation’s capital is practically impossible.

But times may be changing.  New York City, responding to growing pressure from the drone industry, says it’s preparing to loosen its restrictions and allow private and commercial fliers relatively free sway to launch their aircraft just about anywhere in the city – within reason.

Is it really true?  Not everyone thinks so.

Many commercial flyers and hobbyists charge that the city’s new proposed regulations are actually a smokescreen.  Read the fine print, they say:  drone flyers must apply 30 days in advance for permission to fly and must state their reason for flying – and specify times and dates.  They must possess accident and liability insurance and be formally trained and certified by the FAA to fly.  And all applicants must submit a hefty $150 application fee that is non-refundable, even if the city turns down their application.

“Clearly they don’t want drones in New York City,” Edward Kostakis, a co-founder of the drone assisted aerial photography company Xizmo Media, told the NY Daily News last month.

“What they’re trying to do is trying to make it difficult for everyone and anyone who’s going to try to apply for a permit to be able to fly. That way they dissuade them from wanting to do it at all.”

The NYPD, which took the lead in promoting the new guidelines, disagrees.  While acknowledging the likelihood of push back from some drone flyers, police officials say the new rules will allow for multiple benefits.  Additional requirements are in place simply to ensure that legitimate drone flyers with a demonstrated ability to fly safely are approved, not just reckless rogue hobbyists or commercial flyers seeking to engage in illicit spying for personal or economic gain, they say.

Media organizations are also concerned about the new guidelines, saying they could make it more difficult for journalists, especially independents, to gather news or pursue important investigations of possible corporate or government wrongdoing.

And civil libertarians worry that the biggest beneficiary will likely be the NYPD, which wants expanded authority to conduct its own routine drone flying over crime ridden neighborhood or over public gatherings, which may expose private citizens engaged in legitimate civic protest to unwarranted surveillance.

NYPD officials discount this possibility, noting that police are already restricted by law from using facial recognition technology or even to engage on legitimate surveillance of criminal suspects without a formal search warrant signed by a judge.

In fact, the NYPD, as well as the NYFD, largely use drones to engage in crime scene analysis and search-and rescue-operations, often saving lives that would otherwise be lost, public records show.

Kostakis says he applauds the idea of New York finally opening its airspaces to drone flying but says that the regulations that accompany the NYPD proposal are simply “unworkable.”

He predicts a major backlash to the NYPD proposal during the upcoming public comment period that is mandated by state law. He plans to be there, lending his voice to a growing chorus of critics.

“This city has prevented businesses, people, schools, teachers, students, entrepreneurs from being able to engage in a business that by 2025 is supposed to be about a $65 billion industry.  Up until now, New York City has taken absolutely zero part of that.” he said.

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