I believe in the proper use of language in a technical sense. I abhor people calling a magazine for a firearm a clip. I also abhor calling an unmanned aerial vehicle (UAV) a drone. Drones are preprogrammed for a one way flight, most often drones are used for target practice by the military for testing anti-aircraft systems and missile defense systems. UAVs are controlled by a human being on the ground, if pre-programmed, the program can be interrupted by a human controller. Regardless of whether you call them UAVs or drones, the growth of civilian use of UAVs can be disturbing.
Recently a man shot down a UAV that was, according to the man in question, hovering over his backyard. The man is now being charged with wanton endangerment and criminal mischief for shooting down the UAV with a shotgun. The man claims he shot directly into the air over his own backyard. However, the municipality where he lives does not allow discharge of firearms within its borders.
For my two cents, I agree with both the actions of the man and the magistrate. The magistrate enforced the laws of the municipality, which an individual is legally required to follow in the applicable location and situation. The citizen has a right to privacy in/on his own property. Legally the right to privacy determined by the courts of the U.S. applies to the right of individuals to privacy against the government and its agents. We do have the right to privacy against civilians as well--through the use of curtains in windows, fences around our property, etc. The man in question had a six foot privacy fence around his property, if a person climbed on the fence to see inside his property or over the fence onto his property they could be held guilty of trespassing. The user of the UAV did not physically enter the property of the individual, but with a camera on the UAV can (did) film what was happening in the man's backyard (in this case the man's teenage daughters were sunbathing).
Does the man have a right to privacy against individuals other than the government? If you complain about your neighbor being nude inside their own home, the magistrate will normally tell you to quit looking in their home. The magistrate will also ask you nicely to close your curtains, but because you are in your own home, you are violating no laws by walking around nude. Also, the individual who complained violated no laws by looking through the windows of your house as they passed by unless they were on your property illegally (trespassing). Can your property be trespassed on via airspace is the question? Also for my two cents, the answer to this question is yes--particularly if as a landowner you have taken steps to create privacy (erecting fences, cultivating borders of high shrubs, etc.). The only question to me is how to legally deal with such an invasion of privacy. Also, too bad that more municipalities are not offering bounties on UAVs (drones, if you must).
Recently a man shot down a UAV that was, according to the man in question, hovering over his backyard. The man is now being charged with wanton endangerment and criminal mischief for shooting down the UAV with a shotgun. The man claims he shot directly into the air over his own backyard. However, the municipality where he lives does not allow discharge of firearms within its borders.
For my two cents, I agree with both the actions of the man and the magistrate. The magistrate enforced the laws of the municipality, which an individual is legally required to follow in the applicable location and situation. The citizen has a right to privacy in/on his own property. Legally the right to privacy determined by the courts of the U.S. applies to the right of individuals to privacy against the government and its agents. We do have the right to privacy against civilians as well--through the use of curtains in windows, fences around our property, etc. The man in question had a six foot privacy fence around his property, if a person climbed on the fence to see inside his property or over the fence onto his property they could be held guilty of trespassing. The user of the UAV did not physically enter the property of the individual, but with a camera on the UAV can (did) film what was happening in the man's backyard (in this case the man's teenage daughters were sunbathing).
Does the man have a right to privacy against individuals other than the government? If you complain about your neighbor being nude inside their own home, the magistrate will normally tell you to quit looking in their home. The magistrate will also ask you nicely to close your curtains, but because you are in your own home, you are violating no laws by walking around nude. Also, the individual who complained violated no laws by looking through the windows of your house as they passed by unless they were on your property illegally (trespassing). Can your property be trespassed on via airspace is the question? Also for my two cents, the answer to this question is yes--particularly if as a landowner you have taken steps to create privacy (erecting fences, cultivating borders of high shrubs, etc.). The only question to me is how to legally deal with such an invasion of privacy. Also, too bad that more municipalities are not offering bounties on UAVs (drones, if you must).
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