“Upcoming legal issues in privacy
protection as applied to drones and other robotic surveillance.”
Changing
laws and technology have joined together to make the proliferation of
commercial and legal drones likely to increase in the near future. This
increase draws new issues regarding privacy, trespass, and property boundaries.
While legal issues of drones and property rights are debated in courts, many
people will be likely to find DIY methods to preserve privacy from surveillance.
Different methods of protection may raise new legal issues. Multiple anti-drone
methods are discussed.
Simple Canopies and Awnings
Description
The most
simple and efficient method to prevent a drone from seeing into personal
property would be to erect some form of cover. Items such as canopies and
awnings would prevent simple video surveillance. Evening curtains and blinds in
house windows would act as the most efficient barrier to unwanted viewers. This
method is unlikely to prevent infrared or heat seeking technology, but still
allows a strong measure of privacy.
Legal Issues
There would
seem to be very few issues on erecting a shelter on private property,
especially as these shelters would likely be seen as temporary structures or
simple decoration. Issues could arise if a structure is found to be obtrusive
or invasive to a neighbor. Additional safety issues may be found when
determining structure type. Lesser issues such as homeowners association and
neighborhood guidelines may also come into play.
Jamming or signal interference
Description
A method of
jamming signals either to or from a drone may be accomplished using many different
forms of technology, including computers and simple apps in some cases. The
point of a jamming signal is to disrupt the operation of the drone. Simple
jamming may block the ability to take pictures or record sound. More advanced
jamming could disable device operations such as navigation, and possibly lead
to the device crashing.
Legal Issues
The blocking
of a visual or sound signal to a private sector drone operator is the issue
least likely to cause legal ramifications. Consequences would more likely be
from neighbors who get signal overflow disrupting their devices or law
enforcement officials seeking to monitor someone. Disruption of devices and
navigation may have many more legal consequences. The destruction of a drone
may be considered the destruction of property. Additionally, if a drone was
taken down from the air, what might it hit? Is there a possibility of personal
or property injury? Additional damages may incur additional legal penalties.
The range of these jamming devices may also create consequences, such as how
far the signal is allowed to project in a three dimensional space. Vertical
projection of a signal may have an effect on FAA regulations. Wildlife may be
affected by disruptive signals, such as birds migrating and navigation patterns.
Weapons
Description
A simple and
efficient way to remove drones from an unwanted area would be to physically
shoot them down from the sky. Methods of shooting may differ including
shotguns, rifles, lasers, or even advanced security systems. The direct result
of combatting drones with weapons would be the destruction of the drone.
Legal Issues
The legal
issues are myriad when combatting drones with weapons. States differ on the
right to defend one’s property from threats. Guns laws are well established
according to people, but what about machines? As with jamming, issues of damage
to people and property would be paramount. Public opinion would likely help to
shape and form laws involving the discharge of private weapons in residential
and commercial districts.
Building Codes and Architecture
Description
Houses and
buildings are often built to very recognizable guidelines. City office
buildings are commonly made with large portions of glass, believing that few
can look in these windows from higher up and allowing employees to enjoy the
views. Houses are often one story or two, frequently lacking a basement.
Approved codes for building and construction are recognized by most county
officials, while new plans often come under scrutiny.
Legal Issues
With the
proliferation of drones, building codes may need to change. Open air fire
escapes may be replaced by enclosed stairwells. Windows and ventilation may be
replaced with closed air systems, cutting off access from outside. Would this
change in ventilation spur changes in air circulating standards for building
safety? Homes may also choose to create bigger and larger basements. Digging
further into the ground can cause issues with stability, sinkholes, and the
water table. Environmental issues such as these may have legal ramifications
with the EPA and county officials involving public safety.
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