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33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016-2018)

handle is hein.journals/jmjcila33 and id is 1 raw text is: J. INFORMATION TECHNOLOGY & PRIVACY LAW [ Vol. XXXIII COMMENTS DRONE INTEGRATION: A PILOT'S SOLUTION TO A SERIOUS ENTERTAINMENT PROBLEM DANIEL SHOFFET 1 As a pilot, one of the first and most important things to do before an aircraft is even started is to ask oneself, how can I make this flight as safe as possible for my passengers? Pilots have been trained to deal with all types of emergencies that can occur in aviation, including anything from an engine failure, to landing with a single flat tire and everything in between. However, most incidents can be prevented before they even occur. Try to imagine a person on his very first scenic flight. He is sitting in a small private plane, cruising along the coast of Chicago. Out of the window, he notices that the plane is at the same height as some of the buildings and they are close enough to actually see inside the windows, and all that is running through the passengers' minds is how beautiful Navy Pier looks from the sky. Suddenly a loud clunk echoes through the cabin. It sounds similar to the noise made when a large piece of hail hits a car. The plane starts to vibrate as if a car were driving over cob- blestone and then the pilots voice comes on over the radio to say what no passenger wants to hear: We need to declare an emergency. I have lost directional control. Pilots can take several steps to break the specific chain of events that leads to an incident. However, is there not a duty to act when the accident could have been prevented from occurring in the first place? What if the clunk did not occur because of an alternator failure, or any- thing else that the pilot might have been able to troubleshoot or notice before takeoff? Instead, a drone, by striking the plane, caused the is- sue, and that drone was purchased from Amazon by a civilian who was taking a video of the skyline. The drone damaged the aircraft in such a way that the pilot could never have prevented the accident. Air Traffic Control could not have warned the pilot, nor would he have expected the drone to be there. 1. Daniel Shoffet is from Long Grove, Illinois, and received a BS from Purdue Uni- versity in 2013. Daniel is a joint JD/LLM candidate at the John Marshall Law School, expecting to graduate in June 2017. There is no way to adequately express his gratitude for all of the love and support his family has given him through the years. Daniel would also like to thank the Journal of Information Technology & Privacy Law for the guidance and patience during the writing period. 1

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