App developers who are looking to create any program that establishes boundary lines on a satellite image, using already widely available public information, should need to first obtain a surveying license beforehand, according to authorities in Mississippi.
One startup, Vizaline LLC, is already being sued by the Mississippi Board of Licensure for Professional Engineers and Surveyors over the issue.
The suit alleges that they have been in violation of state laws because they haven't obtained the appropriate surveying license to conduct their business. The startup is described as having been created for bankers by bankers, and aims to bring geo-spatial technologies into the banking industry to try and reduce risk, solve problems, and help banks grow.
Essentially, the company has created an app that enables banks to assess loan risk by plotting lines over satellite imagery.
First Amendment Violation?
The firm has already filed a countersuit in response and they claim that authorities have violated their First Amendment rights.
What their business does is it takes information that already exists, and uses that to create new information, then they are selling that information to willing customers. Using already available, public information, to establish lines on satellite photos shouldn't be considered surveying, it's free speech they suggest.
The board has tried to argue that because the company has sought to establish survey maps using widely available public information that this means they are required to obtain a survey license.
State authorities have also recommended that the company dispose of the revenue that they've already collected from customers, which could bankrupt them.
“The government shouldn’t force me to return all the money my clients paid when they are perfectly satisfied with our services,.... I just want to protect my right to provide my customers with valuable information to help their businesses.” - co-founder Brent Melton.
The attorneys that have been working on the case are from the libertarian nonprofit firm Institute for Justice and they claim that this is just one more example of a licensing board seeking to needlessly expand its authority.
They are hoping that the government is going to get out of the way and allow Vizaline to continue to serve their customers as they have been doing.
An algorithm drawing a line on a map isn't surveying, or is it?
The Mississippi state court is now going to be the one to decide. At the end of the day, the state doesn't want any competition in this area, they believe that they should be the only ones responsible for land surveying. Will government's permission be required before they can draw lines on a map? That is what the court is going to decide.