Sunday, March 10, 2013

Lost in the controversy over the federal government’s use of military drones is an issue that hits home: commercial drones that can videotape you in your backyard.

Why a drone can hover over your home, and you can’t stop it - Yahoo

Under limited circumstances, the FAA has approved the use, starting in 2015, of drones owned and operated by citizens. Some will be used for commercial purposes; others will used for recreational purposes....

The act is mostly focused on air safety issues, but the implications of drones, with photo and infrared cameras, flying over personal air spaces is fraught with privacy issues.

Then there are the implications for commercial drones, news gathering and the First Amendment. Television stations spend millions of dollars on helicopters, which can show live video from a distance. Drones are the fraction of a helicopter’s cost, but they can’t fly as high as a helicopter under normal circumstances.

So what happens if a drone is hovering over your house as journalists gather news? Or what if it is drone owned by a police department? Or a news entertainment show like TMZ?

...Privacy concerns are even more problematic. As any journalist can tell you, the press has a right to photograph or videotape what can be seen from a public location, with some exceptions.

But what point in its flight is a drone above the airspace controlled by a homeowner? And can a drone operator use a thermal imaging camera to video record your house?

The Congressional Research Service rattles off other privacy scenarios: Can homeowners harm a drone if they deem it to be a trespassing threat? What about stalkers, Peeping Toms and wire tappers? Some drones can record sounds from 100 yards away from a source.

Part of the solution to these problems could come from Congress, which can pass laws to better define drone etiquette.