4 ms·

> In many situations, flying a drone over someone's property can be considered trespass. In zero situations. As regulations are written, drones are aircraft na

by teeray 3y ago

> In many situations, flying a drone over someone's property can be considered trespass. In zero situations. As regulations are written, drones are aircraft navigating through federal airspace in the same way as fixed-wing, helicopters, ultralights, hot air balloons, etc. That airspace extends from your shoelaces to the heavens. The method of obtaining the photos is not the question here, because the photos were taken from public property (the airspace). It’s the overall strategy of the town basically hiring a private investigator.

White_Wolf 3y ago
" because the photos were taken from public property " ==> By that logic - someone in a tree, on "public property" (aka outside your courtyard) can take photos of your family in the pool (in your courtyard).
- prepend 3y ago
  Yes, that’s legal in the US.
psychlops 3y ago
Yes, the case is being tried on 4th amendment, but surely there are more to the regulations than that. If they were that simple, I could fly my registered drone outside my neighbors window 24x7.
- teeray 3y ago
  > If they were that simple, I could fly my registered drone outside my neighbors window 24x7. There is nothing in Title 14 of the CFR preventing you from doing that. It would fall under the same laws (harassment, peeping tom laws, etc.) as you standing on the street 24x7 with a massive telephoto lens pointed towards your neighbors bedroom windows.
Karellen 3y ago
> As regulations are written, drones are aircraft navigating through federal airspace in the same way as fixed-wing, helicopters, ultralights, hot air balloons, etc. That airspace extends from your shoelaces to the heavens. I'm not entirely sure that's correct. https://en.wikipedia.org/wiki/Air_rights https://en.wikipedia.org/wiki/Air_rights > Specifically, the Federal Aviation Act provides that: "The United States Government has exclusive sovereignty of airspace of the United States" and "A citizen of the United States has a public right of transit through the navigable airspace."[3] The "navigable airspace" in which the public has a right of transit has been defined as "the airspace at or above the minimum altitudes of flight that includes the airspace needed to ensure safety in the takeoff and landing of aircraft."[4] > The exact altitude(s) at which the airspace over private land can become subject to "substantial impairment" is often debated. Case law in the past has used the height of 500 ft (150 m) in urban or suburban areas,[5] and 360 ft (110 m) above the surface or tallest structure in rural areas[6] as the demarcation of where impairment of property rights can occur.
acdha 3y ago
A number of states have passed laws restricting drones over private property. It’s not always called “trespass” but for a casual discussion it definitely counts as a restriction. There’s a list here - look for privacy and you’ll find both laws like California’s (which does class it as trespass) and Florida’s (which refers to it as surveillance): https://www.findlaw.com/consumer/consumer-transactions/drone-laws-by-state.html https://www.findlaw.com/consumer/consumer-transactions/drone...

by teeray 3y ago

White_Wolf 3y ago

" because the photos were taken from public property " ==> By that logic - someone in a tree, on "public property" (aka outside your courtyard) can take photos of your family in the pool (in your courtyard).

prepend 3y ago
Yes, that’s legal in the US.

psychlops 3y ago

Yes, the case is being tried on 4th amendment, but surely there are more to the regulations than that. If they were that simple, I could fly my registered drone outside my neighbors window 24x7.

teeray 3y ago
> If they were that simple, I could fly my registered drone outside my neighbors window 24x7. There is nothing in Title 14 of the CFR preventing you from doing that. It would fall under the same laws (harassment, peeping tom laws, etc.) as you standing on the street 24x7 with a massive telephoto lens pointed towards your neighbors bedroom windows.

Karellen 3y ago

> As regulations are written, drones are aircraft navigating through federal airspace in the same way as fixed-wing, helicopters, ultralights, hot air balloons, etc. That airspace extends from your shoelaces to the heavens. I'm not entirely sure that's correct. https://en.wikipedia.org/wiki/Air_rights https://en.wikipedia.org/wiki/Air_rights > Specifically, the Federal Aviation Act provides that: "The United States Government has exclusive sovereignty of airspace of the United States" and "A citizen of the United States has a public right of transit through the navigable airspace."[3] The "navigable airspace" in which the public has a right of transit has been defined as "the airspace at or above the minimum altitudes of flight that includes the airspace needed to ensure safety in the takeoff and landing of aircraft."[4] > The exact altitude(s) at which the airspace over private land can become subject to "substantial impairment" is often debated. Case law in the past has used the height of 500 ft (150 m) in urban or suburban areas,[5] and 360 ft (110 m) above the surface or tallest structure in rural areas[6] as the demarcation of where impairment of property rights can occur.

acdha 3y ago

A number of states have passed laws restricting drones over private property. It’s not always called “trespass” but for a casual discussion it definitely counts as a restriction. There’s a list here - look for privacy and you’ll find both laws like California’s (which does class it as trespass) and Florida’s (which refers to it as surveillance): https://www.findlaw.com/consumer/consumer-transactions/drone-laws-by-state.html https://www.findlaw.com/consumer/consumer-transactions/drone...