A drone company plans to conduct anti-crime surveillance in Memphis. It might be illegal

Late last year, Jared Butler saw a job posting on the job search site Indeed for a drone security pilot for a company called SMS Novel. Almost two months later, Butler is out over $200 and he says the company, SMS Novel is at fault.

In November, SMS Novel claimed it would begin operating drone surveillance in Memphis to combat crime. The "Christian-based film company," said that the program would launch Dec. 31 in a select area in Memphis due to the high criminal activity.

Butler, who lives in Southaven, said he saw the job posting and decided to apply, the gig was nearby in Memphis, full-time, no more than 40 hours a week and the hourly pay was good. Butler said he was hired specifically for "Operation Memphis Guardian," the drone security program that was slated to begin in December.

Jomo K. Johnson, the founder of SMS Novel, had Butler pay the $200 fee for training and his Part 107 Drone Pilot's license. The trainings were supposed to be in person, Butler said, but half the time they were emails with links to YouTube videos. Another training, Butler said, never happened.

"I showed up to a training event in Olive Branch and he was supposed to have a guy there meet me and like, we had emails, confirmation, text confirmation... he just kept telling me you know, he's there...it's on...and I waited there for an hour. The dude never showed up," Butler said.

Johnson then offered a separate training for Butler which never came. A retreat in St. Louis was Butler's next option to get training, but it came at a price.

"He was charging people that didn't have a drone license $199 and people that did have a drone license, $99. So about a week went by nobody signed up, I guess," Butler said. "He called me wanting to know if I was interested in going to St. Louis. I told him that it was a bit out of my price range and that's when he offered me a discount of the $99."

The information on the SMS site touted the St. Louis retreat as a "Christian Mission trip," where attendees would have the opportunity to stay with other future and current pilots. They would film Christian films, learn how to fly drones and even work with the homeless community. On its website, SMS Novel claimed the fee would cover the AirBnB, ground transportation and meals.

Butler declined to go to St. Louis and has been trying to get his money back from Johnson to no avail. According to Butler, his phone number, email and social media accounts have been blocked by Johnson and SMS Novel.

Johnson declined to comment on Butler's claims.

SMS Novel coming to Memphis for new program

SMS Novel is making headlines in St. Louis for bringing their drone surveillance model to a neighborhood despite residents not wanting it. The city of St. Louis sent SMS Novel a cease-and-desist order, but Johnson told the city he would not stop, saying that he would abide by state and federal guidelines.

The website also touted "Operation Memphis Guardian" as an example of what could happen in St. Louis.

Johnson said the company did a one-day "beta-test," in Memphis and plans to launch operations on March 1. Johnson claims that SMS Novel has sent out emails to various public officials but has not received any response.

"We send out emails, to aldermen, to police officials to law enforcement officials. We haven't got any response back. I think a lot of people don't think we're really official or credible," Johnson said.

The alleged program launch on March 1 will be "out of pocket," according to Johnson, and paid for by the royalties from books and films his company has produced.

Johnson said they will work independently of law enforcement or any local officials but would like to offer their services to them. Individuals can book a drone to come to their location and provide surveillance through an app, according to the SMS Novel website.

Operation Memphis Gurdian never started

According to a page on its website, that has now been deleted, the company said that "Operation Memphis Guardian," was started as a way to combat the "rampant plague of gang violence that has threatened Memphis." Operation Memphis Guardian would begin operations around Shelby Forest and Frayser.

"What makes this program so special, is that we employ facial recognition capability during peak crime hours with live stream access. This means it is able to photograph, film, and relay information on gang activity, coming from groups such as Memphis Bloods, Crips, Gangster Disciples, Mara Salvatrucha, and Vice Lords. These faces can be matched to warrant and trespass databases and the authorities can be contacted within moments of recognition," the website page about the program read.

SMS Novel said it would need $10,000 to begin its surveillance and started a GoFundMe to raise the money. That GoFundMe set up by the company in November only raised $20 from a single donation, as of Tuesday.

The company said it would begin operations on Dec. 31 but has not started.

The Memphis Police Department said it is "not working with SMS Novel." Shelby County Commissioner Charlie Caswell Jr., who represents parts of the Frayse, said that he has never heard of the company or its operation in Memphis. Caswell also said he has never seen a drone flying in the area and has not received any reports of it either.

Johnson said he is the sole proprietor and is based out of Maryland. There is also no business associated with SMS Novel registered in Maryland. He said that each drone pilot is contracted out of the state and city where the program is based.

Drone laws in Tennessee prevent unauthorized surveillance

Laws and regulations surrounding drones have started to be passed and subsequently enforced in both local and state capacities since the product hit the market. The Federal Aviation Administration also has a laundry list of regulations for drone pilots to follow when they are operating the aircraft.

The laws that localities pass are separate from regulations that the FAA enforces.

"While local laws or ordinances may restrict where drones can take off or land, they typically cannot restrict a drone from flying in airspace permitted by the FAA," a spokesperson for the FAA said in an email.

The state of Tennessee has passed numerous laws that regulate civilian drone operations, some even carry a misdemeanor offense. Law enforcement officials can use drones for search warrants, to counter a high-risk terrorist attack, and if swift action is needed to prevent imminent danger to life.

Ronnie Gipson, an assistant professor of law at the University of Memphis Cecil C. Humphreys School of Law, said that for a company to be able to legally perform this type of commercial operation they need to have special permits from the FAA. The three permits would allow a company to operate a surveillance-based operation SMS Novel is attempting, but only if they fly at an altitude of over 400 feet. The FAA does not allow hobbyist or commercial drone pilots to fly above 400 feet unless they have a specific commercial pilot certification.

That special certification is separate from the typical Part 107 remote pilot certificate.

"You've got a company that you're worried about that wants to make money off of the surveillance of, it looks like, individuals. Well, under the Federal Aviation Regulations, that qualifies as a commercial operation within the National Airspace System," Gipson said. "That activity in and of itself with an aircraft that's a commercial operation that's going to qualify for regulation by the FAA."

If a company is acting as a commercial operator, meaning they are providing a service for compensation, a commercial operator certificate from the FAA is required. In addition to the company needing a certificate from the FAA, drone pilots also require a commercial certificate to operate the drone for hire.

If the drone is over 55 pounds, it has to have a unique ID number, Gipson said.

"They're going to have to have special permission to even operate the drone. So there's going to be three different certificates and levels of authorization that have to come into play," Gipson said.

A law passed in 2014 would prevent unauthorized surveillance of persons or properties in Tennessee via drone technology. This would not prevent citizens from allowing a drone to follow them, but it would prevent filming private property and other citizens without their consent. Possessing the images captured by a drone is also a Class C Misdemeanor. Distributing or using the photos is a Class B Misdemeanor.

Both Class B and C Misdemeanors could carry jail time and fines ranging from $50 to $500.

Because of this law, a company would have to conduct their business in the airspace above 400 feet, as that is airspace regulated by the FAA and persons do not have a reasonable expectation of privacy at that altitude.

"They have to go through the special permitting process as a as a commercial operator, because if they don't, they're going to be subject to a bunch of fines from the FAA. They are just not going to be allowed to operate for money without going through the FAA," Gipson said.

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Johnson declined to answer messages asking how high the drones will fly, or what sorts of certifications both the pilots and the company have.

Johnson said that SMS Novel pilots will not fly in areas where FAA regulations do not permit them to do so.

"If a state or city seeks to institute something that contradicts FAA to prevent a company from operating then at that point, we kind of have to get involved in some legal aspects," Johnson said.

Per Johnson's website, the company is using their "First Amendment rights" to operate in various cities.

Brooke Muckerman covers Shelby County Government for The Commercial Appeal. She can be reached at (901) 484-6225, brooke.muckerman@commercialappeal.com and followed on X, formerly known as Twitter @BrookeMuckerman.

This article originally appeared on Memphis Commercial Appeal: Why one company wants to use drones to monitor crime in Memphis