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These laws vary considerably by state with regard to exactly what types of activities are
prohibited, including: flying over private property (trespassing), filming over private property,
photographing in a place where a person has a reasonable expectation of privacy, height
restrictions for flying over private property, consent restrictions, restrictions on publishing images
taken without consent, and other rules that specifically make it an offense to use a drone for
harassment or voyeurism.
Since 2013, 24 states (Alaska, Arkansas, California, Florida, Idaho, Illinois, Indiana, Iowa,
Kansas, Maine, Mississippi, Montana, Nevada, North Carolina, North Dakota, Oregon,
Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin) have
passed legislation that falls within the broad category of privacy. This includes legislation related
to warrant requirements for UAS use by law enforcement agencies and protection from privacy
violations committed by non-government operators, including peeping toms.
Warrant Requirements
One of the first UAS uses that captured the attention of legislatures was the use of UAS by law
enforcement agencies for surveillance. 18 states—Alaska, Florida, Idaho, Illinois,Indiana, Iowa,
Maine, Montana, Nevada, North Carolina, North Dakota, Oregon, Tennessee, Texas, Utah,
Vermont, Virginia, and Wisconsin— have passed legislation requiring law enforcement agencies
to obtain a search warrant to use UAS for surveillance or to conduct a search.
As is the case generally with search warrants, certain exceptions to the warrant requirement are
included in the legislation, such as when exigent circumstances justify a search without a
warrant.
Protection from Non-Government Operators
In addition to concerns regarding Fourth Amendment violations by law enforcement agencies,
states have also addressed the potential for privacy violations committed by non-government
operators.
At least 15 states—Arkansas, California, Florida, Idaho, Indiana, Kansas, Mississippi, Nevada,
North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, and Wisconsin—have passed
legislation providing privacy protections from other citizens that are specific to drones. Some
states have indicated they believe current privacy laws that do not specifically address the use
of UAS but, rather, provide general privacy protections, can provide the same protections in
regard to UAS use.