Drones and Trespass: Surveillance Issues Hover in the Legislative Interim

by Steve Klein

Eight years ago, WyLiberty supported a Drone Protection Act that would require law enforcement to get a warrant before using an unmanned aerial vehicle (that's a fancy term for "drone") to search private property in criminal investigations. The bill, sponsored by the Joint Judiciary Committee, passed the Wyoming House but then died in senate committee. The issue then went into hibernation: afterward, the Wyoming Game and Fish Department issued a rulemaking to include drones as "aircraft" for purposes of hunting regulations, but few—if any—drone-related bills were filed at the Wyoming Legislature between 2016 and 2021.

That changed in the 2022 Budget Session, when a "Trespass by drone" bill was docketed. Though it was not considered for introduction in the House (a common occurrence in budget sessions), the Joint Judiciary Committee is once again considering drones and other trespass issues in the 2022-23 interim. The committee's focus is on trespass on private property by everyday citizens, reflecting concerns about land rights and privacy.

The committee decided to proceed with several bill drafts that it will consider at its next meeting in September. Whether a new committee version of the Drone Protection Act (or something like it) emerges for the 2023 legislative session or not, the concept should inform any serious regulation of unmanned aerial surveillance.