Category: Uncategorized

An entirely too thorough look at the absurd state of drone regulations in the United States.

Source: Is Flying a Drone Illegal? A Comprehensive Guide to America’s Drone Laws | Motherboard

If you want to see the definition of the word “nightmare”, go read this article over at Vice that tries to make sense out of FAA drone regulations, it’s utterly ridiculous attempts at enforcing those regulations, and all the other nonsense going on over in Washington.

The situation is indeed a nightmare. There is no other way to put it. Essentially not even the FAA knows what the hell the regulations are, what they should be or really anything about the whole situation.

To make matters even more interesting, there are several laws already on the books and court cases dating back to the beginning of aviation that make a pretty good case for the FAA not being legally allowed to regulate drones in the first place. 

The FAA claims that to use a drone commercially, you have to get a 333 exemption. But the FAA doesn’t have any regulations on the books nor case law to point to that makes commercial drone operation illegal or against the rules in the first place. Right now the most prominent lawyers dealing with drone operations are advising operators to not get the 333 exemptions because A) the FAA can’t give a permit to do an activity that isn’t illegal in the first place, and B) if you do get one you’re putting yourself at risk for breaking the 333 rules which are just as bad as the rest of the situation.

The other interesting thing is that unless you’re flying a drone for commercial purposes (i.e. making money off it), you are using the drone for hobby or personal use. And in that case, the FAA is specifically forbidden, by federal law, from having any jurisdiction at all. The FAA Modernization Act of 2012 specifically states that the FAA has absolutely no jurisdiction over model aircraft if it is flown strictly for hobby or recreational use.

Let’s make things even more interesting: In the wake of some well publicized incidents, a lot of state and local jurisdictions have been rushing to pass restrictions on the use of drones. The problem with that is they can’t. State and local jurisdictions have no legal authority over airspace. They might be able to regulate launching and landing, but actual flying? No. That’s a federal matter.

Then there are the yahoos who keep threatening to shoot down drones. Shooting at any aircraft is a felony. Plain and simple, and carries a maximum 20 years in federal prison.

But… But there’s disagreement in the courts as to whether a drone is an “aircraft” or not, believe it or not. Part of that goes back to model aircraft, which are specifically exempt from FAA regulations except under limited circumstances (i.e. can’t fly near air ports, etc.)

If it’s not an “aircraft” then all bets are off because the FAA has no jurisdiction at all except if the drone intrudes on lawful manned aircraft operations. If it is an “aircraft”, well, that opens up a whole different kettle of worms…

Now add in this fact: There are cases dating back to the early days of flight regarding land owners shooting at aircraft or otherwise trying to impede the operation of aircraft flying over their property. it’s been generally interpreted that you cannot ‘own’ the airspace above your property except up to a certain altitude. While the FAA claims it controls all the airspace in the country from ground level up, according to the courts, it almost certainly doesn’t. There have been legal cases dating back to the 1940s and before that state that the landowner controls the airspace up to a varying amount of altitude that bounces all over the place.

According to some rulings, you would be legal to fly over anyone’s property, at any time, as long as you’re higher than any structure on the property. Other rulings put the altitude at varying distances.

The whole situation is an utter and complete mess.

The FAA is finally going to be coming out with actual rules and regulations later this summer. I’ve seen early drafts, and, surprisingly, most of the new rules actually make sense. The requirement that you have a pilot’s license is being eliminated, a requirement that was utterly ridiculous from the beginning because knowing how to fly manned aircraft has absolutely nothing to do with flying a drone. The two skill sets are completely different. Especially since the big commercial drones literally fly themselves with little or no input from the “pilot”, using GPS, on-board gyros and collision avoidance systems. Requiring a pilot’s license to fly a drone is like requiring you to be a heart surgeon to buy aspirin.

But those regulations don’t do much to resolve the fact that it seems the FAA doesn’t seem to have the legal authority to regulate drones in the first place except with regard to them interacting with manned aircraft.

I realized this morning that for a blog that’s called ‘grouchyfarmer’, I haven’t talked much about actual farming here. (Well, to be honest, considering how rarely I’ve posted things here over the last year I haven’t talked about much of anything. But that’s a different story.)

I was a farmer, though. I worked on the family farm while growing up, all through high school and even while I was in college. Before we got married, Mrs. Grouchy (egads, I’m sure she would have a few choice words if she heard me call her that…) and I seriously considered doing something like buying into the family farm. But she was starting into a serious career, already had pretty good job prospects, and we moved to follow her career, and it was a choice that we never regretted.

I went back home from time to time to help my father out. Later when jobs were scarce, I worked as a farm hand for a year or so. But I generally haven’t been involved in the industry much since the early 1990s. For a time, briefly, we considered growing vegetables and fruit as a part time occupation when we inherited the farm, but quickly had to abandon that idea when reality set in and we realized that to make it work we would have to devote far more time to it than we could afford to. Basically one of us would have had to quit our day job and work full time at it, something we couldn’t justify economically.

Even when I was a kid farming was already changing. The so-called mega-farms were starting up, milking not just 40 or 50 cows as we were at our peak, but hundreds of cows. One of our neighbors pulled up and moved to Arizona in the early 1960s, to start one of the first mega dairy farms.

Even back in the 1960s farming was a difficult business, and in every way imaginable; economically, physically, emotionally… A lot of people have this romanticized image of farming; the noble famer out tilling the land, his or her own boss, working outside on warm, summer days, planting, cultivating, harvesting, brushing cows, watching sheep, whatever.

Isn’t like that. Never was. Never will be. Those pastoral scenes are largely the creation of Victorian era writers and artists who romanticized farming, created these peaceful, calm, lovely images in words and with oil on canvas.

Whenever I see a scene like this in an art gallery or museum, I would like to take the artist, put a shovel in his hand and let him clean out pens for a day and see if he still thinks farming is romantic. Or being up 29 hours straight because you spent all night nursing a cow who’s having a difficult birth. Or watching one of your tractors burning out in a field because a fuel line ruptured. Or…

Well, you get the idea.

Farming isn’t a ‘lifestyle’. Farming isn’t romantic. Farming isn’t images of cows grazing placidly in meadows. Farming is bloody hard work interspersed with moments of sheer panic as you watch things turning to crap because of circumstances outside of your control.

Source: NeuroLogica Blog » Theranos Exposed

As someone who has to surrender several rather large vials of his blood every six months for a variety of tests, I can assure you that it is a royal pain in the ass. Or in the arm, since that’s the part that’s being repeatedly punctured every time I go to the clinic. So it’s understandable that a lot of people wanted to believe that Theranos had invented some kind of magical machine (called Edison) that could do the job with just a couple of drops of blood and do it in just a few minutes.

Alarm bells should have went off all over when this company appeared out of nowhere with it’s claims. And in some circles they did go off. This would require an incredible breakthrough not only in medical science but in technology as well, and which seemed far too good to be true.

But that didn’t prevent the media, even the media that should have known better, from heaping praise upon the company and it’s founder, Holmes. Nor did it prevent some health care corporations, who also should have known better, from buying into the deal and using Theranos as their testing service.

Then little things started to show up. Like the fact that Theranos itself wasn’t even using it’s own machine, Edison, for most of the testing, and was using standard testing technologies that required large blood samples. Or how the fact that the results from the Edison machine seemed to be off just a wee bit. Well, okay more than a wee bit, really. Some estimates I’ve seen claim the results coming from this ‘revolutionary new testing procedure’ were wrong 50% – 80% of the time. So wrong that Theranos itself has had to invalidate all of the test results done by the machine over the last two years.

Other little nasties turned up. Like untrained, unqualified people doing the testing, according to Medicare’s auditors.

The company has gone from being worth over $5 billion dollars to literally nothing almost overnight, now.

There is no shortage of individuals and companies selling ‘health’ products that are utterly worthless, even down right dangerous. Things like supplements, naturopaths, the utterly insane people who are trying to tell parents that giving their autistic kids enemas of what essentially is industrial strength bleach… The list goes on and on. Theranos is just the latest and most high profile.

This started out as a quick pen sketch in a journal from when I was in Maine in 2008. It’s a lighthouse outside of Portland along the coast. I scanned it into a file ages ago when I went through some of my journals and scanned in the drawings one rainy afternoon with nothing else to do, and just recently found the original scan and got interested in it for some reason. I turned on the cintiq, fired up a drawing program and started redoing it from the sketch and my memory of the place.

I was never very good at drawing or painting. Except for the usual childhood drawings done for school, I never had any interest in it. I started drawing people in the early eighties, my kids, friends. Was never very good at it, to be honest. Still am not. Probably because I never did enough of it to learn the skills necessary.

Buildings though… For some reason I enjoy drawing buildings. Perhaps it’s the lines, the geometric shapes, the detail, the structure. I don’t really know.

Pen and ink, pencil and now on the computer. I think I do it for the same reasons people do things like needle point. It’s relaxing, soothing, calming. For me, at least, it’s a kind of meditation, I think. I find it soothing to concentrate on the shapes, the lines, the detail… The mind, the eye, the hand, all working together, coordinating together, watching a collection of random lines slowly transform into a recognizable thing…

The journal got lost or destroyed somehow. I’m rather sad about that because I’d wrote a great deal during that trip about the things we’d seen, people we’d talked to. Including some memorable and remarkable encounters we had.

Like the Italian restaurant we ate at in some city in New York. The food had been fantastic, and we told our server to tell the chef how delighted we were with the whole experience. Well, it was late, almost closing time, we were the only ones left and were getting ready to leave ourselves, when the owner/chef came out with a bottle of wine for us and we sat and talked with this delightful fellow over a bottle of wonderful wine for almost an hour.

Or me and eldest son stopping at a gas station in New York. We’d been on the bikes for over a week, wearing full riding gear so only our hands were exposed to the elements, so our hands were tanned dark, dark brown while the rest of us was your typical pasty Wisconsin cheesy kind of look. Two young black guys selling car polish in the parking lot took one look at us and had to come over and check this out. They were hilarious, asking us for tanning tips

I’m still hoping those journals turn up somewhere buried in the attic somewhere perhaps…

Back to the drawing… I worked on this obsessively for several hours while, believe it or not, the second season of Witchblade was playing on the other monitor. I got this far and just completely lost interest in finishing it.

Maybe it’s because I can’t draw water?

Source: NeuroLogica Blog » The Age of Click-Bait

I’ve talked about the Neurologica blog by Steven Novella a few times over on my tumblr blog, but I haven’t mentioned it here yet, and I should have. In an internet filled with misinformation, incomplete information, outright lies and pure garbage, Novella is a voice of sanity, logical thought, research and thoughtful comments. He’s fond of going after the snake oil salesmen, the liars, the cheats, etc. Because he is a doctor specializing in neurology he often concentrates on medical quackery, but he also delves into deceptiveness in general, tackling a range of topics from space travel to physics to advertising or other topics he finds interesting. And his comments and research are always well thought out, logical, and backed by significant research.

In this item he goes after something that has long been a pet peeve of mine, and that is how in this age of click bait, the media can no longer be relied on to provide us with any truthful information any longer. The ‘filters’ that were once in place – the editors, fact checkers, etc. that used to help to winnow the wheat from the chaff are long gone.

So every day we are bombarded with unadulterated garbage, stories that wildly exaggerate things, stories that are misleading, stories that our outright lies.

Some people claim that because we can not access multiple news outlets with the click of a button, that we are better informed, more knowledgable. But we aren’t, because so much of the information we’re being fed is simply wrong.