Mysterious Drone Sightings Continue –
What They Mean for Privacy, Property Rights, and the Future of Technology in Land Use
Over the last month, mysterious drone sightings have been reported across the United States, with initial reports emerging from New Jersey and spreading across the Northeast. These unmanned aircraft systems, colloquially known as drones, have prompted extensive concern and confusion among residents and law enforcement. Despite numerous sightings, often at night, the federal government has yet to provide clear answers as to the operation of these unmarked drones, their purpose, or what role they may play in the rapidly evolving world of technology.
The increasing frequency of these drone sightings raises critical questions about security, privacy, and the implications of drones on individual property rights. The ambiguous response from federal authorities has created a vacuum of speculation, leaving many wondering whether these drones are a security threat posed by foreign adversaries, a new tool for surveillance or part of a larger military operation, or simply a widescale mischievous act produced by unknown actors. While many local officials have expressed concerns, the federal government has not released any definitive statements on the matter, leaving more questions than answers.
These concerns are not new. In an article I authored prior to joining the Firm, on drones and land use (Drones and Zoning Enforcement: Will it Fly?), I explored the intersection of technology, drones, and zoning enforcement. The article examines the constitutional questions surrounding property and privacy rights and probes the conflict between the use of drones with the long established legal principle of protecting one’s reasonable expectation of privacy. As cities and municipalities look to adopt these technologies for land use planning, the question remains: how do we balance innovation with the protection of individual privacy and property rights?
The recent drone sightings highlight the urgent need to reconsider how we approach the use of emerging technologies within the public and private spheres. The expansion of drone technology poses serious questions about the extent of a property owner’s right to their airspace, the boundaries of local government authority, and the ability to safeguard individual privacy. The growing trend of drone use suggests that the legal and ethical issues discussed in my article are far from hypothetical, as they become an everyday reality.
For further analysis of these issues and a breakdown of the legal framework for drone use in the municipal space, and their implications on land use, zoning, and privacy rights, view Drones and Zoning Enforcement: Will it Fly? here. The article breaks down the legal framework for municipal drone use, the ethical considerations, and the constitutional challenges that lie ahead.
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