BILL NUMBER: S2882

SPONSOR: SANDERS
 
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.