BUFFALO, N.Y. – What rights do you have as a property owner when drones fly overhead? Frankly not many because drone law is still a gray area.
You have a right to privacy, and that’s pretty much it. Just like with cameras, cell phones, or binoculars, spying or any act like that of a “peeping Tom” is illegal.
But if you own your home, shouldn't you be able to control what happens directly overhead? Not necessarily, according to the Federal Aviation Administration.
“The answer is very much unknown. The courts have not really had to deal with these issues in the world of drones yet, so there's a lot of case law to be developed over the next 10 years or so,” said drone attorney Enrico Schaefer.
There are rules for drone operators, and the most limiting one requires operators to keep their drones within their line of sight at all times.
Operators must also follow community-based guidelines, but not many communities have them. New York State has no regulations of its own yet, and states that do mostly reinforce your right to privacy.
Local laws, like the drone law imposed by Orchard Park, often end up being reversed because only the FAA can regulate navigable airspace.
“They control from a blade of grass on up,” Schaefer said.
Schaefer says spying is rare, and hard to get away with since drones are quite loud.
He said technology advancements often make people uneasy until they realize a product’s greater benefit. He pointed to the inception of the internet, when people worried brother was watching, and when smart phones became mainstream, and people worried about phones with quality cameras entering bathrooms and locker rooms. Now, Schaefer says, fewer people worry about those kinds of things, and he believes attitudes toward drones will eventually get there.
Still, those uncomfortable with drones' wide-ranging access hope the law catches up.
"If you want to – as a state or municipality – say you cannot take off from a park, you control the park land, but once that drone takes off...the FAA’s position is that they’re the only ones who have jurisdiction, and they say you can fly,” Schaefer said.
Schaefer encourages engaging in conversation with drone users near you and trying a mutual respect approach.