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?

  • You999@sh.itjust.works
    233·
    5 months ago

    I’m not sure for the EU but in the USA the airspace above your private property is public domain and since drones are classified as aircraft they are entitled do fly over your property just as an airplane or helicopter might. When a drone is being used to record and surveillance it depends on local jurisdiction.

    • Buelldozer@lemmy.today
      121·
      5 months ago

      Almost. Any drone that weighs more than .55lbs must be registered with the FAA and as part of that it is required to be compliant with RemoteID. RemoteID requires the drone to broadcast both its identification and location of the control station.

      If it’s being operated over a home then it will almost certainly have to follow the rules on Operation Over People and those can be quite restrictive, especially for drones that weigh more than .55lbs.

      There ARE Federal Rules for this in the United States, drone operators cannot legally fly any type of drone anywhere they want at any time.

      • You999@sh.itjust.works
        9·
        5 months ago

        If it’s being operated over a home then it will almost certainly have to follow the rules on Operation Over People and those can be quite restrictive, especially for drones that weigh more than .55lbs.

        That is incorrect… If you actually read the law you are trying to reference you will learn it’s a prohibition on flying over “open-air assemblies of people” and if you read the final rule report (found on the very bottom of the page you linked under resources) on page 128 & 129 you will see how the FAA classifies “open-air assemblies of people”.

        The FAA received a few comments addressing the proposal to prohibit Category 3 operations over open-air assemblies of people. One commenter recommended the FAA clarify what it means by an “assembly of people” and provide a quantity or density of people that constitute a significant risk. The FAA has declined to define this term by regulation; rather, the FAA employs a case-by-case approach in determining how to apply the term “open-air assembly.”58 Whether an operational area is an open-air assembly is evaluated by considering the density of people who are not directly participating in the operation of the small unmanned aircraft and the size of the operational area. Such assemblies are usually associated with public spaces. The FAA considers some potential examples of open-air assemblies may include sporting events, concerts, parades, protests, political rallies, community festivals, or parks and beaches during certain events. Some potential examples that are less likely to be considered open-air assemblies include individual persons or families exiting a shopping center, athletes participating in friendly sports in an open area without spectators, individuals or small groups taking leisure in a park or on a beach, or individuals walking or riding a bike along a bike path, but whether an open-air assembly exists depends on a case-by-case determination based on the facts and circumstances of each case.

        While the FAA refused to strictly give a definition, what was provided is enough to construed that private property does not constitute an “open-air assemblies of people”.

    • rbesfe@lemmy.ca
      93·
      5 months ago

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

      • You999@sh.itjust.works
        11·
        5 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).

      • orcrist@lemm.ee
        2·
        5 months ago

        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.

        • jsnfwlr@lemmy.ml
          1·
          5 months ago

          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

      • gjoel@programming.dev
        1·
        5 months ago

        If I remember the rules correctly you are allowed to fly over private property as long as it isn’t fenced off. You cannot overfly buildings without permission. You can take pictures of private property without permission as long as they don’t contain anything personally identifiable (ie. don’t take pictures of people, but no people is fine).