Laser Pointer Laws

By Neil Rosacker

 Laser Pointers: Presentation Tool or National Security Threat?

            The United States has long imposed Federal restrictions and punishments regarding aircraft operations. Over the past decade, a sharp rise in laser pointer attacks against aircraft has called for new aviation law reform. Since 2005, the Federal Aviation Administration (FAA) has tracked a more than 1,000 percent increase in number of laser strikes (2). The FAA reported 3,960 laser strikes on aircraft in 2013, the highest annual number to date (1). The general public is ill-informed of the dangers of laser pointers and a majority of these incidents are a product of misinformation and boredom rather than malicious intent.

            This essay will begin with an examination of the dangers of laser pointers, followed by the initial reform by the federal government and the naivety of the general public, and conclude with what the subsequent steps have been and should be to stem the growth of laser pointer attacks.

            The laser pointers used in these incidents are typically inexpensive hand-held devices designed for college professors and corporate presenters, leading to a misunderstanding of their harmful potential. “People still don’t understand how potentially dangerous this is,” remarks Vice President of the Air Line Pilots Association, Sean Cassidy (1). Although the beam appears as only a dot of light on the ground, it spreads out and can become six feet wide at long distances, illuminating an entire cockpit (7). Commercial pilot Robert Hamilton of the Air Line Pilots Association said in an interview with NBC New York that, “The feeling is you have a burning sensation in your eyes. It [the beam] hits the windshield and just explodes.” (5) The beam can disorient and temporarily blind pilots, “the equivalent of a camera flash going off in a pitch black car at night,” impairing their ability to properly fly the aircraft. (7)

            Although no fatal accidents have occurred, victims have reported serious eye injuries and jail time is common for perpetrators (7). In 2012, the federal government passed the first explicit provision to punish laser pointer offenses. President Barack Obama signed the FAA Modernization and Reform Act of 2012, which, in Title 18, United States Code, Section 39, established a new criminal offense for aiming a laser beam at an aircraft or its flight path. The crime is punishable by a fine of a maximum $250,000 and five years of imprisonment. With this act, the government set a precedent that it would, as stated by United States Attorney David Hickton, “…rigorously investigate and prosecute” laser attacks on aircraft.(4)

            Notwithstanding this new legal precedent, the number of attacks continued to rise in 2013. With thousands of commercial flight incidents still unsolved, the difficulty still lies in finding and convicting perpetrators. The majority of these attacks come from minors or younger men who do not understand the dangers of the laser beam and the federal consequences that follow.

            In 2010, 24-year-old Justin Strouder was arrested after pointing a laser at a police helicopter more than a mile away. In a statement he said, “I had no idea it illuminated the entire cockpit and blinded everybody inside” (7). In California, 26-year-old Brett Lee Scott was arrested in 2013 for pointing a laser at a Kern County Sheriff’s Office helicopter and cited his reasoning as “boredom.” Deemed senseless crimes, these are just two of many incidents which show a pattern of ignorance towards the new federal laws. (6)

            On February 11, 2014, the FBI, in collaboration with the Air Line Pilots Association International and the FAA, announced the Laser Threat Awareness program aimed to educate the public on laser issues and deter future attacks. A step in the right direction, this campaign targets the root of the problem, a lack of awareness. Beginning as a 60-day trial in 12 cities, the program offered rewards up to $10,000 for information leading to the arrest of any individual who was in violation of the laser aviation laws. (2)

           

            As Federal air marshal and liaison officer with the FBI, George Johnson stated, “We hope that more public awareness about this issue will lower the instances of laser strikes.” (2) After a successful trial, the FBI expanded the campaign nationwide to all 50 states in June of 2014. Since the original initiative, there has been a 19 percent decrease in the number of reported incidents in the 12 metropolitan areas. Through August 14, 2013, there were 2,481 strikes reported; this year, there were only 2,163. Although only 162 people have been arrested and 86 convicted since 2005 for laser strikes, the FBI and federal government have taken the right steps this year to reduce the threat to aircraft. (1)

            As the campaign to promote laser strike awareness grows, the rate of attacks will likely reduce. Additionally, as the FBI continues to offer rewards for information and hand down strict punishments, such as jail time, so potential offenders will be deterred. Laser pointer technology presents a unique challenge to the FBI and lawmakers. Albeit daunting, the correct initial steps have been taken to address the issue on all fronts.

References

1.      Jones, Ashby. "Laser-Pointer Strikes Menace Pilots." The Wall Street Journal. August 27, 2014. Accessed October 30, 2014. http://online.wsj.com/search/term.html?KEYWORDS=laser pointer.

2.      "Protecting Aricraft from Lasers." The Federal Bureau of Investigation. February 11, 2014. Accessed October 30, 2014. http://www.fbi.gov/news/stories/2014/february/protecting-aircraft-from-lasers.

3.      "Protecting Aricraft from Lasers." The Federal Bureau of Investigation. June 3, 2014. Accessed October 30, 2014. http://www.fbi.gov/news/stories/2014/june/protecting-aircraft-from-lasers-trial-program-being-expanded-nationwide/protecting-aircraft-from-lasers-trial-program-being-expanded-nationwide.

4.      "Laser Attacks on Aircraft A New Federal Crime." The United States Attorney's Office. February 27, 2012. Accessed October 30, 2014. http://www.justice.gov/usao/paw/news/2012/2012_february/2012_02_27_01.html.

5.      "Airport Laser Incidents a New Epidemic." NBC New York. September 20, 2012. Accessed October 30, 2014. http://www.nbcnewyork.com/video/#!/on-air/as-seen-on/Airport-Laser-Incidents-a-New-Epidemic/170411116.

6.      Sullivan, Gail. "‘Bored’ Man Sentenced to 21 Months for Aiming Laser Pointer at Police Helicopter." The Washington Post. August 5, 2014. Accessed October 30, 2014. http://www.washingtonpost.com/news/morning-mix/wp/2014/08/05/bored-man-sentenced-to-21-months-for-aiming-laser-pointer-at-police-helicopter/.

7.      "Making a Point About Lasers." The Federal Bureau of Investigation. September 26, 2011. Accessed October 30, 2014. http://www.fbi.gov/news/stories/2011/september/laser_092611.