Tweet
My last word on the subject as i don't believe in making unnecessary arguments with those who have their own convictions.
First off, I don't believe everything that I see on TV; and since this situation with my neighbor was well documented by the police, and eventually involved a lawyer and court in which they were found guilty of criminal harassment. I guess I believe the police when they tell me what I can and cannot do with a camera. (These neighbors were eventually evicted, thankfully!)
But, here is a quote from the NOLO -law for all web site: Different states have different laws regarding surveillance. In some states, mere visual recording is not illegal so long as the camera is on your neighbor’s property. In other states, visual recording is acceptable but any audio recording is not. And in other states, all forms of recording might face criminal or civil penalties. Generally, any publically viewable areas like back yards are fair game – which is how companies like Google can record their Street View images across the United States.
And from an video article in the NY Times of Nov. 3. 2010: “It matters how you’re doing it and why, but generally it’s true that you can film your own property as well as anything that is in public view,” said David Ardia, director of the Citizen Media Law Project at Harvard’s Berkman Center for Internet and Society. “It’s when you extend your senses into unexpected places, like using a telephoto to film what’s going on in your neighbor’s bedroom, that you could run into trouble.”
There are lots of internet postings taking both sides of the issue. But basically if you intentionally set up a surveillance camera to record a neighbor's private area you could run into trouble with the law if the neighbor objects, feeling that your camera is harassing them.
Moreover, I find the opinions focusing on the differences between what is 'publically viewable' and what is 'private'. The front of your house, the walk, the driveway are all publically viewable, and maybe even your backyard if it so open and observable from surrounding neighbors. But a privacy-fenced in area is NOT.
While over flying your property with a drone may not be much, any kind of continued or repeat surveillance from a drone may fall into the same category.
Another thought that I had regarding so-called air space and whether someone has rights to what is over their property. I take this only from my own experience with putting up a long wire antenna. While I might well be able to put up such antenna on my own property, there can be some concerns should a neighbor object to it's unsightliness. Basically my Right to do so falls under Federal Law and is governed by the FCC as my license gives me the Right to do so. However, local ordinances, neighborhood restrictions may cause me some challenges. But such challenges are often overcome by Federal authority.
But lets say I really want a long wire antenna... one that stretches well beyond my property; and what if I go to the neighbor two houses over and he allows me to anchor the other end of my wire to his tree? So, I have the wire anchored on my tree and on his... BUT, the wire crosses over someone's property who doesn't want it there, even though it's 30 or more feet up! That, I am not allowed to do. So, in some (if not all) circumstances you do own the air above your property.
Enough said from me,
CWS
First off, I don't believe everything that I see on TV; and since this situation with my neighbor was well documented by the police, and eventually involved a lawyer and court in which they were found guilty of criminal harassment. I guess I believe the police when they tell me what I can and cannot do with a camera. (These neighbors were eventually evicted, thankfully!)
But, here is a quote from the NOLO -law for all web site: Different states have different laws regarding surveillance. In some states, mere visual recording is not illegal so long as the camera is on your neighbor’s property. In other states, visual recording is acceptable but any audio recording is not. And in other states, all forms of recording might face criminal or civil penalties. Generally, any publically viewable areas like back yards are fair game – which is how companies like Google can record their Street View images across the United States.
And from an video article in the NY Times of Nov. 3. 2010: “It matters how you’re doing it and why, but generally it’s true that you can film your own property as well as anything that is in public view,” said David Ardia, director of the Citizen Media Law Project at Harvard’s Berkman Center for Internet and Society. “It’s when you extend your senses into unexpected places, like using a telephoto to film what’s going on in your neighbor’s bedroom, that you could run into trouble.”
There are lots of internet postings taking both sides of the issue. But basically if you intentionally set up a surveillance camera to record a neighbor's private area you could run into trouble with the law if the neighbor objects, feeling that your camera is harassing them.
Moreover, I find the opinions focusing on the differences between what is 'publically viewable' and what is 'private'. The front of your house, the walk, the driveway are all publically viewable, and maybe even your backyard if it so open and observable from surrounding neighbors. But a privacy-fenced in area is NOT.
While over flying your property with a drone may not be much, any kind of continued or repeat surveillance from a drone may fall into the same category.
Another thought that I had regarding so-called air space and whether someone has rights to what is over their property. I take this only from my own experience with putting up a long wire antenna. While I might well be able to put up such antenna on my own property, there can be some concerns should a neighbor object to it's unsightliness. Basically my Right to do so falls under Federal Law and is governed by the FCC as my license gives me the Right to do so. However, local ordinances, neighborhood restrictions may cause me some challenges. But such challenges are often overcome by Federal authority.
But lets say I really want a long wire antenna... one that stretches well beyond my property; and what if I go to the neighbor two houses over and he allows me to anchor the other end of my wire to his tree? So, I have the wire anchored on my tree and on his... BUT, the wire crosses over someone's property who doesn't want it there, even though it's 30 or more feet up! That, I am not allowed to do. So, in some (if not all) circumstances you do own the air above your property.
Enough said from me,
CWS
Love it!
Comment