• dan1101@lemmy.world
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    1 year ago

    You don’t own the airspace over your property. The only way someone might get in trouble for flying a drone over your house is if they were looking in windows or harassing people somehow. Most pics from a drone aren’t a lot different from satellite photography.

      • Betty White In HD@lemmy.world
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        1 year ago

        And there are still conditions under which drones can legally fly over your property without it being trespassing, similarly to airplanes:

        An entry above the surface of the earth, in the air space in the possession of another, by a person who is traveling in an aircraft, is privileged if the flight is conducted[xi]:

        • for the purpose of travel through the air space or for any other legitimate purpose,
        • in a reasonable manner,
        • at such a height as not to interfere unreasonably with the possessor’s enjoyment of the surface of the earth and the air space above it, and
        • in conformity with such regulations of state and federal aeronautical authorities as are in force in a particular state.

        I’m not a lawyer, but I do fly drones for fun and money. I can fly a drone over peoples’ property no problem most of the time entirely legally. It’s shitty in this particular case and fuck insurance companies but I don’t think people claiming criminal trespassing is based in reality. You do not control the airspace above your property. I still hope they consult a lawyer and challenge this particular action against them.

        • eth0p@iusearchlinux.fyi
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          1 year ago

          I’m not a lawyer, nor do I have the full context of the legislation you’re quoting, but my interpretation of that paragraph is that it only applies to aircrafts that are carrying passengers.

          . . . in the air space in possession of another, by a person who is traveling in an aircraft, is privileged . . .

          You’re the one who does this for a hobby, though. I’m sure that you know the laws more than I do :)

          • Betty White In HD@lemmy.world
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            1 year ago

            Yeah maybe and perhaps one day there will be a case and a lawyer who will argue that same point.

            Personally, until there are specific laws against flying over private property with specifics regarding altitudes I feel comfortable about flying drones above private property both professionally and recreationally. There have been some attempts by private entities and local governments to restrict public airspace for drones and so far I know really of NYC successfully being able to do so. Public airspace is public airspace and the FAA has been treating drones as aircrafts that need to follow their rules like all the other aircrafts using the airspace.

    • LexiconDexicon@lemmy.world
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      1 year ago

      The complaint is not for satellite or airplane photography, it’s for a drone

      Please read the article before commenting

      • Betty White In HD@lemmy.world
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        1 year ago

        What is the difference though? A drone is an aircraft and has to abide by FAA rules and regulations as manned aircrafts do.

        • Saik0A
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          1 year ago

          Not necessarily. You’re not in faa airspace until a particular height…

          • Betty White In HD@lemmy.world
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            1 year ago

            Objectively not true. You may not operate a drone in controlled airspace even a foot off the ground until you get authorization from the FAA, typically through LAANC.

      • MrMonkey@lemm.ee
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        1 year ago

        *“A customer says that someone on the phone said ‘a drone picture’ and the company denies it, saying they use other imaging.” * Customer could be mistaken, whoever was on the phone may not know that “drone” covers things from 737 Recon Drone to a $10 aliexpress quadcopter.

        I’ll bet $50 it was either a high altitude drone or a satellite image bought from an imaging company, as they’ve been doing for at least 20 years, and not some quadcopter flying just above his yard.

        Please think before commenting.