For example, the Court ruled in three separate cases that the information collected by law enforcement aircraftflying within FAA regulated airspace and only surveying open areasdid not violate the Fourth Amendment. Any private citizen, in a private aircraft, flying in accordance with FAA regulations could have observed the same thing. Yet these cases did not address drones specifically. Unlike traditional aircraft, drones can easily be operated within the much lower altitude zone of unregulated airspace, and can also carry more advanced and invasive surveillance technology. It remains to be seen whether these circumstances would constitute a violation of the Fourth Amendment. In an effort to head off the issue, several states have already passed or proposed laws to regulate drone use. Most of them, however, only deal with government usehence the need for the NTIAs regulations on private use. At least a dozen states have passed laws requiring law enforcement agencies to procure a warrant before using drones.
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