Thinking of gifting or getting a drone this holiday? Update yourself on the laws first!

What are the laws for personal use of drones? Do they vary by state?

Flying a drone for fun isn’t as simple as unpacking the box and taking off. Federal rules require you take a free safety test and keep proof you passed. You also must keep the drone in your line of sight, away from manned aircraft, below 400 feet and out of controlled airspace (for example, around airports) unless you have Federal Aviation Administration approval.  Drones that weigh more than a half a pound must be registered.  Local governments sometimes write their own rules, too.  (In New York City, you need a police permit to fly.)

Can someone fly a drone above a house? How low can they fly it? Can I press charges against someone who invades my property with a drone? 

Yes, people can fly drones above your house. But there are limits. A drone cannot simply park outside your window and shoot a video, the same way people cannot walk up your driveway and look into your home. (This can be considered trespassing.) You probably will not be successful in suing someone for flying a drone near your property, but you can call the police and press charges.  The charges would be for specific privacy violations, trespass, and even harassment- if the drone activity is intrusive.

If a drone hovers over your property, can you shoot it down?

No. The government considers drones “aircraft,” which means they have the same legal standing as commercial passenger jets. Under federal law (18 U.S.C. § 32), damaging, destroying or disabling aircraft is punishable by up to 20 years in prison.

Can law enforcement use drones to look around, including through windows, without a warrant?

It depends where you live. The Supreme Court says aerial surveillance does not always constitute an invasive search under the Fourth Amendment. But depending on the circumstances, it can. States generally get to draw that line. In Tennessee, for instance, the police can use drones to patrol a music festival without a search warrant, but they can’t surveil private property.  At least 18 states, including Pennsylvania, have passed laws requiring officers to obtain warrants before conducting drone surveillance.

I have a small hobby drone and I love to travel, but drone laws are different in each country.  Is there any type of organization that is trying to make regulations on an international level?

It is complicated. Countries set their own rules, but there is coordination: A United Nations aviation agency and a voluntary outside group help them align broad principles and safety frameworks. Industry groups lobby for consistency, too, and European rules are similar to American ones. Many countries require you to take a test to ensure you understand the rules.

How are military drones different from consumer drones?

They are actually not really different, which means it opens opportunities for companies that are not big defense manufacturers.  It also creates problems for the Pentagon: Many of the components used in drones, such as brushless motors, are made primarily in China.  The biggest difference is that the military loads its drones with sensors that can spot things like heat signatures or technology that keeps the drones aloft when the enemy tries to jam their signals.  The big leap will be using A.I. technology so that one person can pilot a swarm of drones.  The artificial intelligence will identify potential targets, and a human will then sign off on the final attack.