From Blue Skies to Gray Areas: Examining Privacy and Property Law in the Age of Drone Technology

Abstract

This article presents a comprehensive analysis of the legal frameworks governing the use of drones in both the United States and the European Union, and the privacy and property rights issues that arise from their use. The article emphasizes the importance of balancing the benefits of drone technology with the protection of individual rights. The regulatory frameworks governing drones are compared between the two jurisdictions, highlighting key similarities and differences. Furthermore, the article delves into the legal challenges surrounding drone usage and property rights, offering several solutions to address privacy concerns.

In conclusion, the article highlights the need for a proper balance between the rights of landowners and drone operators and greater clarity in the United States law regarding airspace rights over low-altitude airspace above an individual's land. The article recommends that state legislatures clarify landowners' rights to exclude drones from their property or that governments exercise eminent domain to condemn public drone pathways or corridors. It also suggests that transparency in the operation of drones over private property is necessary to promote accountability for potential privacy violations.

Keywords: Drones, Regulatory frameworks, Privacy rights, Property rights, Airspace ownership, Fourth Amendment