While the article by Jason Koebler is amusing to read it is far from the reality of current UAS laws and regulations.
His primary argument seems to be "Does the FAA have the right to regulate drones?" He writes "The question of whether or not a drone is an aircraft in a strict legal sense is still unanswered". This has already been clarified in public law.
49 USC § 40102 defines an aircraft as “any contrivance invented, used, or designed to navigate, or fly in, the air.” 14 CFR § 1.1 defines an aircraft as “a device that is used or intended to be used for flight in the air.”
In all honesty I think we must admit that a UA meets both of these legal definitions.
On 2/14/2012 the President signed into law the FAA Modernization and Reform Act of 2012 (P.L. 112-95) which in Section 336 Congress confirmed the FAA's long-standing position that model aircraft are aircraft.
These are laws folks, not just concepts unsupported by laws. Clearly the FAA has the legal right and responsibility to regulate aircraft.
Today in order to fly a drone commercially (a 333 waiver) there are many FAA regulations that a UAS operator must ask to be exempt from. The specific regulations are
14 CFR Part 21, Subpart H; 14 C.F.R. §45.23(b); 14 CFR §§61.113(a)&(b); 14 CFR §91.7(a); §§91.9(b)(2), §91.103(b), §91.109(a), §91.119, §91.121, §91.151, §§91.203(a)&(b); §91.405(a); §91.407(a)(1); §91.409(a)(2), §§91.417(a)&(b); (If interested I will be happy to explain each of these regulations and why they affect UAs.)
The issues are not simple, while the FAA has put out a notice of proposed rule making (NPR) it is far from perfect. If is does get approved as written it will truly open Pandora's box. (That is my opinion not fact or law)
If we take Jason Koebler opinion that the FAA can not regulate UAS, then folks we have chaos. (again my opinion) Personally I will chose laws and regulations rather than chaos. By public law Congress has made the FAA responsible for regulating UA. (period)
Q: Does the FAA have the man power and budget to enforce these regulations?
A: Not at the present time, or any time in the foreseeable near future.
Q: Is the FAA moving fast enough?
A: Depends on your perspective. While I think all of us would like to see them move quicker, I think it is safe to say we also want them to get it right.
Fortunately we do have a path to operate a drone legally and that is the 333 waiver. While you may not like the process, or the requirements, we do have a path.
Or, if you prefer, welcome to the wild west where you can do whatever you like, until the law catches up with you.
On a side note, today, while flying a manned aircraft, I heard Air Traffic Control warn another manned aircraft that a drone was reported at 6,500' 20 minutes ago near his location. (Tampa Florida area). Wild West? Well we certainly do have some cowboys out there!