Agency Reportedly Has Very Little Evidence Against The Blogger/Drone Pilot

When Blogger and drone pilot Casey Neistat announced on his blog recently that he was being investigated by the FAA for illegally flying in controlled airspace, the news made headlines around the Internet. Among those who wanted more information about the case was fellow blogger and drone operator Andy Luten, who wrote on his blog Andy's Travel Blog that he made a FOIA request from the FAA to get documents related to the case.

What he found out is that while the FAA did receive several complaints about Neistat's alleged flights in controlled airspace, the agency's policy states that "In all cases, the FAA must have acceptable evidence in support of all alleged facts in order to take legal enforcement action. Inspectors are reminded that:

• Electronic media posted on the Internet is only one form of evidence which may be used to support an enforcement action and it must be authenticated;
• Electronic media posted on the Internet is ordinarily not sufficient evidence alone to determine that an operation is not in compliance with 14 CFR; however, electronic media may serve as evidence of possible violations and may be retained for future enforcement action; and
• Inspectors have no authority to direct or suggest that electronic media posted on the Internet must be removed.
• Note: Electronic media posted on a video Web site does not automatically constitute a commercial operation or commercial purpose, or other non-hobby or non-recreational use.

Luten does catalog the complaints made about Neistat's vlog and alleged violations. What he concludes is that the FAA does not have enough evidence to pursue an enforcement action at this time.

(Image from file)

FMI: Original Report