Limits on drones over private property?

Drones are a relatively new technology, and therefore raise a multitude of issues for legislators. HB 97, sponsored by Republican Rep. Neal Kurk and Rep. Renny Cushing, a Democrat, attempts to address some of those issues by instituting a series of rules governing the use of drones by both government agencies—such as law enforcement groups—and non-government entities such as commercial enterprises, nonprofits, or private citizens.

In a general sense, the bill would prohibit the use of drones for surveillance purposes without express permission from the person being monitored and property owners.

Police would be able to circumvent this requirement by getting a warrant.

For non-government drone users, the bill would ban flying over private property at a height lower than 250 feet without permission, and establishes penalties for using a drone for surveillance purposes or to photograph or record individuals who have a reasonable expectation of privacy—i.e. they would not normally be visible from public places on the ground, or are inside a structure.

The bill has passed the House and is currently being considered by a Senate committee. A similar measure, HB 602, died in conference committee last year.

According to NHPR, there are over 2,500 registered drones in New Hampshire, a number that has been rising consistently.

Supporters of the bill argued the restrictions were necessary to protect privacy.

"With the changes in technology, you have to rethink what trespassing is. You don't have to enter onto someone's property to have a drone the size of a bumble bee fly into a window,” Rep. Cushing said.

However, some drone enthusiasts expressed concerns that the restrictions went too far, setting stricter requirements for taking images with drones than currently apply to photography from planes or helicopters.

"The bottom line is people have the right to take pictures. That's an incredibly important First Amendment right." said Devon Chaffee, executive director of the ACLU of New Hampshire.

Do you think drones should be prohibited from flying or taking pictures over private property without permission? Leave a comment below to join the discussion.