Privacy

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A place to discuss privacy and freedom in the digital world.

Privacy has become a very important issue in modern society, with companies and governments constantly abusing their power, more and more people are waking up to the importance of digital privacy.

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149

Drones trespassing in my property (lemmy.ml)

submitted 6 months ago by [email protected] to c/[email protected]

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Idk if anyone had a similar problem before, but I live in EU by the countryside, at first there were only a few but now it happens more and more often to see drones passing over my house, I am sure they are civilian drones because law enforcement has no reason to use them since the area is quiet (and honestly I doubt they would be able to do so), however it bothers me enough to know that there are people who get over the fence and enter my property going to look at what they want, does anyone have any advice on what to do?

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[–] [email protected] 6 points 6 months ago (2 children)

There is a reasonable expectation of privacy though. It's the cameras that make it illegal, not the drone intruding in the first place

[–] [email protected] 11 points 6 months ago* (last edited 6 months ago)

That is incorrect on a federal level, your milage may vary with city/country/state laws. Federally in the United States the right to reasonable expectation of privacy does not extend to outside of your house per Hester v. United States, 265 U.S. 57 (1924). The government is allowed to surveil you from public airspace without a warrant per Florida v. Riley, 488 U.S. 445 (1989).

[–] [email protected] 2 points 6 months ago (1 children)

There's only a reasonable expectation of privacy in private. As the courts have ruled many times, it's something is visible from the street or from the air, it's probably not private.

[–] [email protected] 1 points 6 months ago (2 children)

No expectation of privacy from the street, yes, at any elevation, sure. But if youre flying a drone over my property within the private airspace I own, that is trespassing

[–] [email protected] 2 points 6 months ago

How far up do you own, I didn't release anyone owned space above their place.?

[–] [email protected] 1 points 6 months ago

In the United States that is not true. The airspace above your private property is only sorta yours. You are entitled to do whatever you like with the airspace however you do not have the right to dictate what can fly through your airspace.

Since drones are classified as aircraft by the FAA they are entitled to transit the navigable airspace just as a manned airplane might [1]

Navigable airspace is defined in 'public law 85-726 -AUG. 23, 1968'

"Navigable airspace" means airspace above the minimum altitudes of flight prescribed by regulations issued under this Act, and shall include airspace needed to insure safety in take-off and landing of aircraft.