Gov. Jerry Brown vetoed legislation last week that would have prohibited flying a drone less than 350 feet above private property without the property owner’s permission, expressing concerns about exposing drone users to litigation. Brown indicated that SB 142 could expose occasional hobbyist drone users and commercial drone users alike to burdensome litigation and indicated that any drone regulations merit careful examination.
The bill’s proponents argued it would protect privacy, while opponents said it would significantly restrict the use of drones. Sen. Hannah-Beth Jackson (D-Santa Barbara), author of the bill, argued the measure would prevent camera-equipped drones from peeping into windows or other invasions of privacy. Opponents indicated the bill would be virtually impossible to comply with or enforce. The question also arose as to whether the proposed 350 foot buffer would effectively curb invasions of privacy by drone, considering the powerful cameras drones are frequently equipped with.
Beyond that, California law already provides recourse to citizens whose privacy rights are invaded by drones. California Civil Code section 1708.8 creates civil liability for an invasion of privacy to capture a physical impression, and can be used to provide recourse to individuals whose privacy has been invaded by a drone.
Brown’s veto leaves room for a more careful examination of the privacy concerns posed by drones and a more thoughtful approach to balancing worries about invasions of privacy against the freedoms of drone operators to utilize this technology in potentially beneficial ways. The rush to regulate runs the risk of creating legislation that will not properly address concerns posed by emerging technologies.
Conversely, federal officials were able to create “no drone zones” out of entire cities in preparation for The Pope’s visit next week. Here, banning the machines from Philadelphia, New York City and Washington, D.C. is an exercise in safety vs. privacy. However, it illustrates that there are any number of reasons to prompt drone regulation. In the face of evolving issues caused by drones, a careful examination of possible solutions is necessary to ensure we protect against both the concerns of the present day, and the potential problems of tomorrow.
