1 Drones, innovation and the challenge for law makers
1.1 The drone revolution
1.1.1 Definition
âDroneâ is one of the many names for an unmanned aircraft. Various origins of the word have been suggested. It could have emerged as a term descriptive of the âdull and dryâ reconnaissance work performed early in its history.1 It has also been traced to the target drone âFairey Queenâ, the success of which led to the creation of the âQueen Beeâ drones. This could then have led to the use of âdroneâ as the male counterpart of the queen bee.2 What is known is that the word drone was used in a 1936 report by Lieutenant Commander Delmer Fahrney of the US Navy who was in charge of a radio-controlled unmanned aircraft project.3 As is evident from the origin of the term itself, drones have been associated with the military in the popular imagination,4 and carry a negative connotation because they have been used to kill remotely.5 However, these associations are slowly changing as drones are increasingly used in a civilian setting.6
While âdroneâ is in popular usage, drones were previously called âpilotless aircraftâ.7 This is the term used in Article 8 of the Chicago Convention of International Civil Aviation 1944.8 In the 1960s, the term âRemotely Piloted Vehicleâ (RPV) was used,9 replaced by âUnmanned Aerial Vehiclesâ (UAV) in the 1980s.10 Other terms that have been used are âUnmanned Aircraft Systemsâ (UAS), âUnmanned Aircraftâ (UA), âRemotely Piloted Aviation Systemsâ (RPAS), âUnmanned Dronesâ, and âAutonomous Dronesâ.11
There are subtle distinctions in these definitions. A UAV can be defined as an unmanned reusable vehicle, and as such would exclude missiles and aerial targets.12 Theilmannâs definition of a UAV contains further description in that the vehicle is also âcapable of being operated remotely or with onboard software, capable of carrying a payload that is not essential to its flightâ.13 UAVs have also been defined so as to exclude âgliders, balloons, [and] tethered objectsâ.14 Jha, however, provides a much broader definition of a UAV when he writes that a UAV is âessentially ⊠an aircraft without a human pilotâ.15 The term UAV is not well known amongst the general public.16 It is more often used in media reports and legal commentaries.17 However, it has not been adopted by the European Union, the International Civil Aviation Organisation (ICAO) and most states.18
UAS is widely used by international organisations such as ICAO and the European Aviation Safety Agency (EASA).19 It is a âwhole of systemâ term that includes components such as the control station from where the aircraft is flown. It is defined by ICAO as:
[a]n aircraft and its associated elements which are operated with no pilot on board.20
âUAâ refers to the aircraft within the UAS system and is defined by ICAO as:
[a]ny aircraft intended to be flown without a pilot on board ⊠[it] can be remotely and fully controlled from another place (ground, another aircraft, space) or pre-programmed to conduct its flight without intervention.21 (emphasis added)
For ICAO, RPAS is a subcategory of UAS â this subcategory relating only to unmanned aircraft which are piloted from a remote pilot station.22 ICAO defines RPAS as:
[a] remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components as specified in the type design.23
Notwithstanding ICAOâs standard definitions, it notes that:
UA are commonly referred to as drones. However, many large RPA are also called drones making the term all encompassing for unmanned aircraft in common vernacular.24
âDroneâ is used throughout this book as it is recognised more widely and by the general public.
1.1.2 History
The history of drones is ancient.25 In China, kites carrying explosives were used by a warlord to assault the walled city of his enemies.26 In 425 BC, Archytas, an ancient Greek philosopher reputedly built and designed a steam propelled âpigeonâ which apparently flew 200 metres before running out of steam.27 In 400 BC, a vertical flight device, the âChinese topâ, was invented in China, which consisted of feathers at the end of a stick.28 The stick was spun between the hands to generate enough lift before it could be released into free flightâ.29 The Egyptian Saqqara bird, a bird-shaped artefact, with its 150 millimetre length and 180 millimetre wingspan is dated to 200 BC.30 It may have been able to glide; its wings were angled at that of modern aircraft, and this indicates that the ancient Egyptians may have understood some of the processes of aerodynamics.31
In 1818, âa French solider designed an aerial balloon that would use a time delay to float over enemies and launch rockets down on top of themâ.32 In 1849, Austrians launched 200 pilotless balloons to bomb Venice during their siege of the city.33 Although the balloon raid was not entirely successful (some balloons were blown back by the wind over Austria),34 Venice surrendered after five weeks.35 Balloons were also used in the siege of Paris in the 1870s.36
In 1863, two years after the start of the American Civil War, a New York-based inventor, Charles Perley, invented the âPerley Aerial Bomberâ, a hot-air balloon that carried explosives and was connected to a timing device.37 However, this device proved to be very inaccurate and dangerous.38 Nevertheless, Confederacy and Union forces were already using unmanned balloons for bombing and reconnaissance.39
In 1887, British meteorologist Douglas Archibald attached a camera to a kite to take aerial pictures.40 And in 1898, kites with cameras were used by the United States for reconnaissance in the Spanish-American War.41 Beyond military use, unpowered gliders or rubber band-powered flying devices preceded manned flight.42 Examples include, the Cayley Model Helicopter (1796), and the Cayley Model Glider (1804) both built by Sir George Cayley,43 and the Penaud Planophore (1871), designed by Alphonse Penaud.44
In 1893, Lawrence Hargrave, an Australian, invented the Hargrave box kite.45 In 1894, he was able to fly the kite 4.9 metres above the ground by linking some of his box kites together.46 Other examples of early precursors to drones include Samuel Franklin Codyâs unmanned powered kite in 1907, and John Stringfellowâs success in flying a steam powered glider designed by William Samuel Henson in 1848.47
Drones in the military
Although this book is primarily concerned with the use of drones in a civilian context, the military has most significantly engaged in drone development.48 As a result, we include a short analysis of drone use by the military.
The origin of the modern drone can be traced to the First World War in which drones were created as target practice for the British army.49 The prototype of these target drones was named the âRuston Proctor Aerial Targetâ and is credited to Sir Archibald Low who worked for the Royal Flying Corps.50 The other early precursor to modern drones was the Hewitt Sperry Automatic Airplane, an aerial torpedo from 1917,51 made by Elmer Sperry and Peter Hewitt.52 The Hewitt Sperry Automatic Airplane could fly at speeds up to 80 kilometres per hour and carry a bomb weighing at 135 kilograms.53 The plane was particularly remarkable because it represented a technological progression; it incorporated a gyrostabiliser â a breakthrough in flight as it prevented aircraft from rolling.54 In 1918, Charles Franklin Kettering at Delco (such company later renamed General Motors), successfully flew a âmore sophisticated unmanned aircraftâ, an aerial torpedo...