As drones become cheaper, smaller and equipped with better technology, their use will become more ubiquitous. In fact, the Federal Aviation Administration (FAA) has estimated that within five years there could be 7,500 hobby drones operating within the United States. These drones will be used for a variety of purposes, ranging from the innocuous to the malicious. Already individuals are using drones for such purposes as monitoring police DUI checkpoints for abuse of power, to take photos at national parks, to check crop yields and to spy on unsuspecting neighbors and bystanders. Drone technology is still in its infancy, but it is quickly becoming apparent that additional laws and regulations may be needed to protect individual privacy against recreational drone use.

In September 2014, a New Jersey man was arrested after he shot down a neighbor's drone that was taking aerial photographs of his home's construction project. The shooter was arrested and charged with possession of a weapon for an unlawful purpose and criminal mischief. While incidents of drone shootings are isolated, across the country, documented incidents of drone-fueled frustration is on the rise. For example, in the spring of 2014, a Connecticut woman confronted and shoved a drone pilot who was filming sunbathers on a beach. The woman who shoved the drone pilot was arrested and charged with assault. These two events garnered attention in part because the drone pilots themselves were not charged with any crime. Instead, the people charged with crimes were those who felt that their privacy had been invaded.

Since the FAA released an advisory circular on model airplanes in 1981, the FAA has not been regulating most civilian drones flying at altitudes below 400 feet, except in areas around airports. The advisory circular provided voluntary standards for hobbyists to follow, including suggesting that model aircraft pilots stay away from populated areas and from noise-sensitive areas, such as parks and schools. However, the FAA is intent on revising its policies based upon the advent of drone technology. In October 2014, the FAA released a memo that requested cancellation of the 1981 circular and advised that it was in the process of drafting a new advisory circular. While the contents of a new circular have yet to be released, the FAA is constrained by the FAA Modernization and Reform Act of 2012. Under the act, the FAA cannot regulate “model aircraft” if they are: (1) flown for hobby or recreational purposes; (2) operated within safety guidelines; (3) not more than 55 pounds; (4) operated in a way to not interfere with manned aircraft; and (5) not flown within five miles of an airport.