Big Data on the Farm: Legal Issues Surrounding Farm Data Ownership, Transfer, and Control

This Thursday, March 19, 2015 at 12:30 EDT, I'll be hosting a webinar titled "Big Data on the Farm: Legal Issues Surrounding Farm Data Ownership, Transfer, and Control."  The webinar is hosted by ThompsonReuters and geared towards a legal audience. Continuing Legal Education (CLE) credit is available for most states. More information below.

Don't Forget the Little Guy: FAA's Proposed Rules for "Micro" UAVs

Many articles have been written about the Federal Aviation Administration's (FAA) proposed rules for "small" unmanned aircraft systems ("small UAS" or "small UAVs"). But most authors have overlooked that the FAA is also considering special, less stringent rules for "micro" UAVs.  Micro UAVs weigh less than 4.4 lbs (small drones are less than 55 lbs.) and travel less than 35 mph (small drones are restricted to 100 mph).  This article takes a closer look at the FAA's proposal for micro-UAVs and its promise for agriculture.

Ten Key Points to the FAA's Proposed Small UAV Rule

The Federal Aviation Administration (“FAA”) has released proposed rules that would govern the integration of “small” unmanned aircraft systems (“small UAS”) into the National Airspace System. The proposed rules specifically state that they would allow crop monitoring and inspection, aerial photography, and research and development—meaning commercial agricultural uses fall squarely within the new rule. Here is my summary of the proposed rule, followed by some suggestions to current and future drone operators.

Talking Big Data and Drones on Inside Indiana Business with Gerry Dick

I was recently lucky enough to be interviewed by Gerry Dick for his television show Inside Indiana Business.  I was joined by Beck's Hybrid's Jim Shertzer who leads FARMserver, a web-based farm data storage and analysis tool.  These are exciting times for agriculture!  You can watch the video by following this link: Drones, Big Data, and Technology on Inside Indiana Business with Gerry Dick.

Thanks Gerry for the opportunity to be on your show!

Defining "Big Data" in Agriculture

A recent comment on one of my articles addressing big data concerns in farm leases asked why I used the term "big data" instead of just "data." This got me thinking about the definition of "big data" and what the term really means with respect to agriculture.

Big Data in Farm Leases: When Landlord and Tenant Both Want the Data

In my last two posts, I discussed what provisions one might add to a farm lease when either the landlord or the tenant wants ownership of farm data generated during the lease. Another scenario arises when the landlord and tenant both want equal access to the farm data. In this situation, the lease should establish co-ownership rights. As a side note, I should mention that data analytic tools on the market at this time, like FARMserver, make this sharing of data between landlords and tenants extremely easy.

Big Data in Farm Leases: When the Landlord Wants Control

In my previous post, I discussed some ideas for drafting a lease to make sure that the tenant owns the farm data created during the lease. Another scenario arises when the landlord wants control of the farm data generated by the tenant. This might be the case where the landlord makes land management decisions, such as what to plant, how much fertilizer to apply, when to spray pesticides, etc. In this type of situation, different provisions need to be included in the lease than suggested in my previous post. 

Does Your Lease Address Big Data?

I've drafted and reviewed dozens of farmland leases over the years, but I've yet to see a lease that addresses the issues associated with ownership and transfer of farm data. As farmers embrace new data storage and analytic tools, it’s time to modernize the traditional farm lease to address farm data. This post begins a series of articles on how to address farm data ownership, privacy, and sharing, in a farm lease.

What You Need to Know about Farm Data Privacy

Here is my presentation to the Indiana Horticultural Congress on January 21, 2015.  You can follow along online by clicking below:

Farm Data Privacy:  What You Need to Know

Please check out other articles about the agriculture and technology on this blog.

Big Data on the Farm: Presentation to Indiana Farm Bureau

My January 20, 2015 presentation to Indiana Farm Bureau's District Meeting can be found by clicking on the following link:

Big Data on the Farm

Don't forget to also check out American Farm Bureau Federation's Privacy and Security Principles for Farm Data.

FAA Approves Ag Drone Flights for One Company: Is Decision a Road Map for Others?

The Federal Aviation Administration has granted a Washington company (Advanced Aviation Solutions LLC) an exemption to fly unmanned aerial vehicles ("UAVs" or "drones") commercially for "precision agriculture" and "crop scouting" purposes.  In general, FAA regulations prohibit any person from flying a UAV in national airspace without an airworthiness certification (except for model aircraft flow under the "hobby" aircraft guidance document).  A person may seek to avoid airworthiness certification by seeking an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”).  To date, these exemptions have been issued sparingly.  This latest exemption, however, may provide other ag drone operators with a road map for obtaining their own exemption from current FAA regulations.  

The Year in Reverse: A Look Back at 2014

Each year I take a look back at the big legal stories in agriculture. This year, the usual wrangling over environmental and livestock issues took a back seat to drones and “big data.” These precision ag stories were everywhere.  But there was also a big fight over future environmental regulations, and that made my list too.  So here it is, my complete list of the top 5 legal ag issues from 2014.

Big Data and Drones at the IN/IL Farm Show

I'm presenting this year again at the Indiana/Illinois Farm Show at the Indiana State Fairgrounds. Each year, Hoosier Ag Today hosts a series of seminars on different topics for attendees.  I'll be on stage on December 16, 2014 at 11:00 am. My presentation is called: "Data Privacy on the Farm: What You Need to Know." I'll talk about recent data privacy developments and drone news.  I'll be joined by Jim Shertzer and Jim Love from Beck's Hybrids, which recently launched its own data analytic tool: FARMserver.  More information can be found here:  IN/IL Farm Show Seminars.  I hope to see you there!

If you missed my presentation, you can find it here:  Data Privacy on the Farm: What You Need to Know.

Questions to Ask About Your Data Privacy Policy

AgGateway recently introduced its latest whitepaper on data privacy best practices for the agricultural industry. For those unfamiliar with AgGateway, it is a non-profit consortium of businesses serving the agriculture industry, with the mission “to promote, enable and expand eBusiness in agriculture.” AgGateway’s 200 members come from the crop protection, seed, grain, ag retail and other industries. AgGateway’s latest whitepaper provides not so much the “best practices” for ag technology providers, but a list of questions ag technology providers should ask when drafting their policies. These same questions are ones farmers should ask before clicking “I accept” the terms:

The Council for Agricultural Science and Technology (CAST) - Becoming a Part of Dr. Borlaug's Legacy

In November I was elected to serve on the Board of Representatives for the Council for Agricultural Science and Technology ("CAST").  CAST is a nonprofit organization composed of  representatives of the scientific societies, commercial companies, and nonprofit or trade organizations. CAST was established in 1972 as a result of a meeting sponsored by the National Academy of Sciences, National Research Council. Its members today come from universities (like Purdue, Iowa State, Kansas State), food and agricultural companies (like Elanco, Dow Agrosciences, Monsanto), scientific societies, and industry trade organizations (like National Pork Board).  I am the representative for the American Bar Association's Agricultural Management Committee.

A Closer Look at Farm Data Ownership

A number of agriculture technology providers (ATPs) worked together recently to produce a document identifying core industry principles for data privacy and security on the farm.  (Read the core principles document here:  Privacy and Security Principles for Farm Data).  One principle addressed ownership questions.  This principle is particularly important as it is the first step to resolving the often asked question:  “Who owns farm data?”  Although the answer to this question seems obvious to most people, the core principles document developed by industry stakeholders contains a more in-depth approach than merely concluding “the farmer owns the data.”

Privacy and Security Principles for Farm Data

A few people have asked me for a link to the farm data core principles document released by ag technology providers and industry trade organizations. Below is the entire document, which represents a collaboration of American Farm Bureau Federation, American Soybean Association, Beck’s Hybrids, Dow AgroSciences LLC, DuPont Pioneer, John Deere, National Association of Wheat Growers, National Corn Growers Association, National Farmers Union, Raven Industries, The Climate Corporation, and USA Rice Federation.

Ag Industry Releases Core Principles for Farm Data Privacy

This past year some of America’s leaders in agricultural technology products worked together with American Farm Bureau Federation and industry trade organizations to come up with a set of core principles for data privacy. The principles identified should help these agriculture technology providers (ATPs) develop new privacy policies and ensure existing policies protect farmers’ privacy. Here is an abbreviated version of the of the core principles.

Farm Bureau Data Privacy Poll Produces Some Interesting Results

The American Farm Bureau Federation (Farm Bureau) recently polled over 2500 farmers about their concerns with data privacy and technology.  Over 1000 of those surveyed indicated that they already use “precision technologies” on their farm, including data analysis tools operated by off-farm companies.  These farmers expressed concerns over liability issues, off-farm usage by technology providers, and privacy.  This was not surprising, but still there were some interesting results.

Is Your Business Prepared for a Crisis?

A crisis can destroy a business’s reputation and bottom line. A crisis can come from anywhere:  a surprise EPA, OSHA, or other regulatory inspection, a natural disaster, or a man-made catastrophe like the West, Texas fertilizer plant explosion last year. Though a business owner can never anticipate every crisis, there are certainly steps you can take to minimize the damage to your company.

While FAA Regulations Stay Grounded, State Drone Laws Take Flight

Harvest photo taken from a UAV.
Thanks @TheChadColby.

Indiana is one of at least twelve states that enacted laws this past year limiting use "unmanned aerial vehicles" (UAVs) or "drones." The Federal Aviation Administration (FAA) has known about the coming wave of drones for years, but as summer comes to an end in 2014, the FAA still has no regulation on the books. Driven by fears that unregulated drone flights will lead to accidents and the invasion of privacy, many states have filled a perceived regulatory gap with their own anti-drone legislation.

Indiana Sets Rules for "Satellite" Manure Storage Structures

A few years ago, concerned Indiana residents raised complaints with their elected officials about the storage of manure in remote ponds, or “lagoons” that were not sited next to existing livestock farms.  There was also concern that poultry litter was being shipped across state lines from Ohio into Indiana (this is perfectly legal, by the way, due to the Interstate Commerce Clause in the US Constitution).  The Indiana Department of Environmental Management (IDEM) for years had regulated concentrated animal feeding operations (CAFOs) and their Indiana equivalent, confined animal feeding operations (CFOs), but nowhere did the rules capture these stand-alone manure structures.  Now Indiana has rules on the books.

Top 10 Reported CAFO Violations

David Letterman has his Top 10 list.  Now the Indiana Department of Environment Management (IDEM) has its Top 10 list for Concentrated Animal Feeding Operations (CAFOs).  These large livestock producers are primarily regulated through IDEM's confined feeding operation (CFO) regulations.  Recently, IDEM provided Indiana Pork Producers with a list of most commonly witnessed CFO violations from its inspectors.  The top ten violations are below. My observations follow.

Agricultural Drones: Flying Into Trouble?

Hoosier Ag Today interviewed me following my presentation on drone usage in agriculture at the Big Data/UAV forum in Indianapolis. Here is an excerpt:

Last week we reported on how drones held some important applications for agriculture. A recent air show in Illinois that featured drones drew hundreds of farmers. Yet, the lack of regulations by the government and the lack of clear cut legal precedents could spell trouble for those who try to take off. Todd Janzen, an Indiana Attorney, told HAT that the FAA has not released any rules on the use of drones and, for the time being, considers flying them for commercial purposes illegal, “The FAA says flying drones for recreation or hobby use is OK, but if it is being used for a commercial use that that is illegal. A use for a farm would fall somewhere in between.” He added, currently, farmers are most likely using a drone for a hobby but eventually they will want to use it for commercial applications.
Continue reading at Hoosier Ag Today. 

What Agriculture Can Learn from Medical Data Privacy Laws

Earlier this year, I suffered sudden hearing loss in my left ear. The condition caused me to visit a number of different doctors and medical providers. These visits made me realize, although we live in the digital age, doctors' offices still treat data like they did 100 years ago. Each time I visited a new physician or medical center, I filled out a similar stack of paper forms asking for the same information I had already given other providers--health history, prescriptions used, insurance, date of birth, SSN, symptoms, acknowledgments, etc. There was no data sharing between providers.

I can’t help but compare how the medical industry treats data to the discussion the agricultural industry is having right now about sharing big data and privacy.