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use.15 This exception might apply, for
<br />instance, if the road or street department, or
<br />parks department, needed an aerial view of
<br />something for their work.
<br />Additional requirements: In addition: drone use
<br />must comply with FAA guidelines; drones may not
<br />employ facial recognition or biometric matching
<br />technologies unless authorized by a warrant; they
<br />may not be equipped with weapons; and cannot be
<br />used to collect information on protests or
<br />demonstrations without a warrant unless one of the
<br />above -listed exceptions applies.16 Each deployment
<br />must be documented, connected to an agency case
<br />number, and the documentation must identify the
<br />exception relied upon for use unless a warrant has
<br />been issued."
<br />Data practices: The new section classifies and
<br />regulates the use, retention, and dissemination of
<br />data collected by UAVs, and provides that
<br />unlawfully collected UAV data may not be used as
<br />evidence in court or administrative proceedings."
<br />Public comment and policies: Agencies must
<br />provide an opportunity for public comment before
<br />purchasing or using a UAV.19 In addition, agencies
<br />must have a written policy in place before using a
<br />UAV, and must also provide an opportunity for
<br />public comment on the policy.20
<br />CRIMINAL AND DRIVING LAWS
<br />Amendments to harassment laws:
<br />First Amendment legal challenge: Minnesota
<br />Statutes section 609.749 (2018) prohibited stalking,
<br />which was defined to include repeatedly mailing or
<br />delivering letters, messages, and packages,
<br />including by electronic means. Section 609.795
<br />(2018) prohibited harassment, and likewise
<br />proscribed repeatedly mailing or sending messages,
<br />including electronically. A juvenile defendant sent
<br />a barrage of cruel and demeaning tweets about a
<br />fellow student and was convicted under these
<br />provisions. In Matter of Welfare of A.J.B., the
<br />15 Minn. Stat. § 626.19, subds
<br />16 Id. § 626.19, subd. 4.
<br />17 Id. § 626.19, subd. 5.
<br />18 Id. § 626.19, subds. 6, 7.
<br />19 Id. § 626.19, subd. 9.
<br />20 Id. § 626.19, subd. 10.
<br />student challenged these laws, arguing that they
<br />were unconstitutionally overbroad because they
<br />also outlawed speech and expressive activities
<br />protected by the First Amendment.21
<br />In June 2019, the Minnesota Supreme Court struck
<br />down the stalking -by -mail law as overbroad, and
<br />narrowed the reach of the harassment -by -mail
<br />prohibition .2' The Legislature responded by
<br />amending three different provisions of the
<br />criminal code, specifying both the intent required
<br />and harms that must be shown to establish a
<br />violation. These changes are effective August 1.
<br />Stalking by mail: Stalking is a gross misdemeanor
<br />under section 609.749. Under the new intent and
<br />harm standards 2' a person is guilty of stalking by
<br />mail if he or she:
<br />• Repeatedly mails, delivers, or causes the
<br />delivery by any means, including
<br />electronically,
<br />• Of letters, messages, or packages,
<br />• With intent to kill, injure, harass, or intimidate
<br />another person,
<br />• And this conduct:
<br />o Places the victim in fear of substantial
<br />bodily harm; or
<br />o Places the victim in reasonable fear that
<br />their family or household members will be
<br />subject to substantial bodily harm; or
<br />o Causes or would reasonably be expected to
<br />cause the victim substantial emotional
<br />distress.za
<br />The statute defines "substantial emotional
<br />distress" as mental suffering of sufficient intensity
<br />to cause one to seek psychotherapy, lose their
<br />appetite or ability to sleep, result in a mental health
<br />diagnosis, have suicidal thoughts, or suffer from
<br />distractibility.zs
<br />2, 3. 21 929 N.W.2d 840, 846 (Minn. 2019).
<br />22 Id. at 856.
<br />2s 2020 Minn. Laws Ch. 96, sec. 2; Minn. Stat. §
<br />609.749, subd. 2(b).
<br />24 Minn. Stat. § 609.749, subd. 2(b)(1)(3).
<br />21 Id. § 609.749, subd. 2(a)(4).
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