Drone technology is making it easier than ever for governments to stick their nose where it doesn’t belong.
Americans have long been concerned about government surveillance, and rightly so. Being watched by the government is incredibly disconcerting, especially when government agents are probing into your private life.#democracy #freedom
The rise of drone technology has not helped on this front. Whereas before a government would need a plane or helicopter to get aerial views of you or your property, now they just need a small remote-controlled device.
The issue of governments spying on Americans using drones has come up in some recent court cases and legislative disputes. One recent case involves Todd and Heather Maxon who live on a rural five-acre property in Long Lake Township, Michigan. Todd likes to fix up cars, and he keeps a number of vehicles on his property.
For years the Township has been going after the couple for zoning violations, accusing them of illegally storing “junk” on their property. But here’s the kicker. The cars can’t even be seen from outside the property…that is, unless you fly a drone overhead. And that’s exactly what the Township did.
Without even attempting to get a warrant, the Township hired a contractor to fly a drone as low as 150 feet over the Maxons’ property multiple times over two years. The Township is now trying to use the pictures taken by the drone as evidence that the Maxons are violating a local zoning ordinance.
“If the government wants to conduct intrusive surveillance like this, the Fourth Amendment requires that it get a warrant,” said Institute for Justice Attorney Mike Greenberg regarding the case. “The zoning authority’s failure to even try to get one shows their indifference to Michiganders’ constitutional rights.”
New York City has also come in the crosshairs in recent years for its decisions on this front. In 2019, the New York Police Department acquired 14 drones for “monitoring giant crowds, investigating hazardous waste spills, handling hostage situations and reaching remote areas in crime scenes, among other tasks.” Though the NYPD insists the drones won’t be used for warrantless surveillance, many are worried that putting this technology in the hands of police is just asking for trouble.
Citing these fears, privacy advocates pushed for legislation known as the Public Oversight of Surveillance Technology Act (“POST Act”), which requires the NYPD to release information about how surveillance tools are being used and creates an annual oversight system to audit compliance with department policies. The Act was passed in June 2020 after gaining momentum following the death of George Floyd.