3 ms·
1a -> 2d : creates a serious risk to the health or safety of the public or a section of the public 1b : the use or threat is designed to influence the governm
by dfawcus 7y ago
1a -> 2d : creates a serious risk to the health or safety of the public or a section of the public
1b : the use or threat is designed to influence the government or an international governmental organisation
1c: the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause
So XR is an ideological and/or political cause, intended to influence Governments, and this threat to fly drones over airports in and of itself risks the public. Assume a failure and/or crash of the drone, and all the bad "accidental" things which could arise.
One could certainly argue that the statute is "wrong", and that this sort of action should be treated as some other criminal offence. However I believe it is capable of being argued as terrorism under that definition.
Hence anyone so charged could be subject to pre-trial detention of up to 28 days, and then may have to convince a jury that they should engage in Nullification.
Part of the complaints about that Act when passed was specifically that it covered stuff which did not involve violence (2b - 2e). Note that the criteria in Section 1 (2) are logically OR'ed - only one of 2a through 2e has to be satisfied.
If you believe you may need advice from a Lawyer, I suggest you consult one.
- pas 7y agoDid they create a serious risk?
- dfawcus 7y agoThat would be a fact for the Jury to decide. I'd rather expect it to conclude they did. Forget about planes flying (or not). How much does one of these drones weigh? How much damage or injury would one cause if it falls upon someone or some equipment within the airport grounds? Think of the various flammable liquids in various parts of the airport. We have rules (and licensing conditions) about flying drones in general, simply because of the serious risk some of them can entail. They came in within the last few years.
- samcday 7y agoWhen I asked if you were a lawyer, I was genuinely curious. I figured if you were linking legislation without actually pointing out specifics, then it might be because your point was so blatantly obvious that only a dummy would not see it as self evident ;) I disagree with your assessment. I myself am certainly not a lawyer, but the way I interpret that language is for something to be considered an act of terrorism it has to meet a criteria from section [1] AND section [2]. I agree that the planned drone demonstration meets 1c, but I don't think it meets any of the criteria from section 2. If you're suggesting that because they're disrupting transportation activity then they are somehow creating serious risk to the health and safety of the public, then I wonder what you think of any kind of large scale protest march that closes down the majority of main roads in a capital city? Is that terrorism too?
- bronco21016 7y agoI think you have to consider how transportation activity is being disrupted. It’s being disrupted because the risk of a collision between a drone and airliner carrying many people is considered a grave safety threat to hundreds of lives. A low altitude crash of an airliner poses serious risk of a large number of deaths both of the passengers and people on the ground. A large, non violent, protest blocking the streets probably doesn’t create the same risk of large numbers of deaths.
- jfk13 7y ago> I disagree with your assessment. I myself am certainly not a lawyer, but the way I interpret that language is for something to be considered an act of terrorism it has to meet a criteria from section [1] AND section [2]. I agree that the planned drone demonstration meets 1c, but I don't think it meets any of the criteria from section 2. Also not a lawyer, but it seems pretty clear to me that flying drones around an airport can be considered to fall under 2(d): "creates a serious risk to the health or safety of the public or a section of the public". The fact that the airport can respond by closing down operations to mitigate the risk does not make it OK, any more than phoning in a warning before setting off a bomb makes that OK.
- samcday 7y agoThis is actually the best rebuttal I’ve seen so far, thank you. I still think it’s unfair to compare a drone inside restricted airspace (and notified well ahead of time) to an explosive device in the terminal. But I can certainly see how the two things can be put in the same category by many people.
- brokenmachine 7y agoShutting down essential services is a risk to the public. Imagine someone waiting for a life-saving kidney transplant or whatever. Now you have to get an uber to deliver it.