Surveillance Drones to Monitor Backyard Parties in New York City, Prompting Privacy Concerns

Residents participating in outdoor gatherings and barbecues across New York City this upcoming weekend may encounter an unexpected presence overseeing their celebrations: a police surveillance drone.

The New York City Police Department has unveiled plans to initiate a trial phase for unmanned aerial vehicles in response to complaints about large assemblies, including private events, during the Labor Day weekend. This announcement was made during a press conference held on Thursday.

Assistant NYPD Commissioner, Kaz Daughtry, articulated the intentions behind this move: “If reports indicate the presence of a substantial crowd or a sizable party occurring in a backyard, we will be deploying our resources to conduct an aerial assessment of the event.” The drones are slated to be dispatched in scenarios where sizeable gatherings have been reported.

However, the introduction of this initiative has immediately sparked concerns from advocates of privacy and civil liberties. The contentious aspect of using these drones for surveillance raises questions about potential breaches of prevailing laws governing police surveillance activities.

One critic, Daniel Schwarz, a privacy and technology strategist associated with the New York Civil Liberties Union, expressed apprehensions about this development. He invoked the “POST Act,” a city law enacted in 2020, which mandates transparency from the NYPD regarding its surveillance strategies. Schwarz remarked, “This announcement is disconcerting and contradicts the principles of the POST Act. Deploying drones in this manner has shades of a science fiction narrative.”

The announcement was made in the context of a security briefing concerning J’ouvert, an annual Caribbean festival that commemorates the end of slavery and attracts numerous participants alongside heightened police presence in Brooklyn. According to Daughtry, the drones are expected to respond to both “priority” and “non-priority” calls beyond the scope of the parade route.

New York City is following a broader trend by increasingly incorporating drones into policing operations. Statistical records maintained by the city underscore that the police department has employed drones for public safety and emergency situations on 124 occasions this year, a significant increase from the mere four instances recorded in all of 2022. Drones were observed in action following incidents such as a parking garage collapse and a giveaway event marred by unruly behavior.

Mayor Eric Adams, a former police captain, has expressed a desire to harness the “limitless” possibilities of drones, using Israel’s drone usage as an exemplar after his recent visit to the country.

Nonetheless, as drone technology proliferates, privacy advocates assert that corresponding regulations have not kept pace, thus enabling potential invasive surveillance that would be legally questionable if conducted by human police officers. Albert Fox Cahn, executive director of the Surveillance Technology Oversight Project (STOP), highlighted this concern: “One of the most significant worries stemming from the rapid deployment of aerial surveillance tools is the dearth of safeguards against the deployment of these cameras directed at our backyards or even our bedrooms.”

In response to an inquiry seeking clarification on drone policies, the NYPD did not provide further information. A spokesperson for Mayor Adams shared guidelines aimed at simplifying drone operation for private individuals, though these guidelines do not address whether the NYPD has specific drone surveillance policies.

Recent findings from the American Civil Liberties Union reveal that approximately 1,400 police departments across the United States are currently integrating drones into their operations in various capacities. Federal regulations generally limit drone flights to the operator’s visual line of sight, although numerous departments have sought exemptions. The report anticipates a substantial uptick in drone usage among police departments.

Cahn, the privacy advocate, emphasized that city authorities should be more forthcoming with the public about the existing applications of drones in policing, underpinned by clear guidelines that forestall unwarranted surveillance in the future. He asserted, “It is evident that deploying a drone over a backyard barbecue is a step that raises concerns among many New Yorkers.”

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More about surveillance drones

• New York City Police Department
• New York Civil Liberties Union
• POST Act
• American Civil Liberties Union
• Surveillance Technology Oversight Project (STOP)