What's happening
This bill makes it illegal to use drones for secretly recording or viewing people where they have a reasonable expectation of privacy.
Why it matters
Expands existing privacy protections. to specifically include drone technology, addressing gaps in current surveillance laws that don’t account for new methods of intrusion.
Targets intentional misuse. of aerial imaging, meaning only deliberate attempts to invade someone’s privacy with a drone would be punishable—this aims to deter willful violations rather than accidental overflights.
Applies to both viewing and recording. , broadening the scope to cover not just capturing images or videos but also live broadcasts, which reflects evolving tech capabilities.
Empowers law enforcement and courts. to prosecute new forms of privacy invasion, potentially providing victims with greater recourse and deterring individuals or organizations from abusing drone technology.
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Who cares
Headline styles
Ban Drone Spying
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Drone Spying
In Assembly Committee · Codes · Sponsor Chris Tague
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2882
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to conducting unlawful surveillance by use of a drone
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 250.45 of the penal law is amended by adding a new subdivision 6 to read as follows:
6. Without the knowledge or consent of a person, he or she intentionally uses or permits the utilization of a device to surreptitiously view, broadcast, or record another person, by means of aerial imaging technology, at a place and time when a person has a reasonable expectation of privacy.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06394-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to conducting unlawful surveillance by use of a drone
Purpose
This bill would make it illegal for individuals to use aerial imaging technology, or "drones", to stealthily spy on other individuals at times and places where they would have a reasonable expectation of privacy.
Summary of provisions
Section 1 of the bill would set forth the policy that a violation of unlawful surveillance in the second degree occurs when a person, without the knowledge or consent of another person, uses or permits the utiliza- tion of a device to surreptitiously view, broadcast, or record that other person, by means of aerial imaging technology, at a place and time when a person has a reasonable expectation of privacy.
Section 2 of the bill provides that the act shall take effect immediate- ly.
Existing law
Currently, Section 250.45 of the Penal Law sets forth that it is a violation of unlawful surveillance in the second degree in instances where imaging or other data are being obtained for sexual purposes, without a person's consent. Also, this section of law contains the restriction from installing imaging technology in people's homes or wearing the technology on your clothing to obtain pictures, videos, etc., without a person's consent for sexual purposes. The current section of Penal Law that governs this activity lacks the restriction that newer, aerial drone imaging technology is used for spying on people in their homes or places they would otherwise expect full privacy.
Justification
It is generally understood and accepted that in instances where people are in public view or in public places where privacy is not reasonably expected, these are instances where people are not completely restricted from video or photographic recording for means of security, public protection, and other such reasons.
For example, the walkway of an apartment building would not be a place where one should expect privacy, and security cameras may be used to monitor those entering and exiting a building. A person who purchases a drone from the store could easily use the technology to view these "public" places and, regardless of its acceptance as ethical, it is considered legal. However, it is the case that a person's living room is something not included as "private" in the current Penal Law, and it is only barely implied by restriction of recording devices in bathrooms. This legislation seeks to clarify the law, and disable individuals from using drone imaging technology to spy on others, violating their priva- cy, or to in any way make others insecure when they are at a friend's
house, relative's house, or otherwise would be allowed to maintain the decency of privacy and security in their own homes.
Legislative history
01/29/16 REFERRED TO CODES
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.