> "Aircraft surveillance has become an indispensable intelligence collection and investigative technique which serves as a force multiplier to the ground teams," the FBI said in 2009 when it asked Congress for $5.1m for the program. Holy military state, Batman! It seems that the FBI has really taken to heart the change in mission statement from "law enforcement" to "national security"[1]. > The surveillance flights c…
It falls squarely within California v. Ciraolo, which says there is no expectation of privacy in anything visible from the air. It also common sense. Any shmuck with a general aviation license can take up an ultralight and see what he can see. So can the government. Jones involved a trespass on the suspect's property. Totally different situation.
IMO, the efforts to which that hypothetical person would have to go should influence just how much privacy a person could 'expect' to have. Otherwise why do people bother putting up privacy fences around their garden, when anyone could just fly over? Or hoist a camera on a stick?
The problem being that the more effort required to observe, the more confident an ordinary person could presume to be unobserved.
When we have UAVs that can loiter around (in public airspace, of course) random buildings and bounce laser microphones off the windows, along with thermal imaging and gait detection of individuals at a price that is affordable by average people, would that change 'expectation of privacy'?
As long as the tech is embargoed or ridicuously expensive, there's a distinct skew where the government can afford it and Joe Shmuck The Reasonable Individual can't.
In fact, the mere ability to continuously loiter for extended periods and make recordings is probably beyond an individual who doesn't have refueling support or additional friends in similarly equipped craft to change watches.
"If they could, then we can, will, and do"