BILL NUMBER:  S6597

 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 utilization 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
immediately.

 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 privacy, 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 : 2014 - A8091 Referred to Codes

 FISCAL IMPLICATIONS : None

 LOCAL FISCAL IMPLICATIONS : None

 EFFECTIVE DATE :  This act shall take effect immediately.