PolicyBrief
H.R. 96
119th CongressJan 3rd 2025
Buzz Off Act
IN COMMITTEE

The Buzz Off Act prohibits federal law enforcement from using drones to surveil individuals or private property without consent or a warrant, except in cases of high terrorist risk certified by the Secretary of Homeland Security.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

Buzz Off Act: Feds Need Your Okay or a Warrant for Drone Surveillance, With a Big Exception for Terrorism

The "Buzz Off Act" sets new rules for how federal law enforcement agencies can use drones to watch people in the U.S. Basically, it says they can't use drones to intentionally spy on you, collect evidence, or record info about you or your property without your permission or a warrant.

Eyes in the Sky – But With Limits

This bill is all about drawing a line between national security and your right to privacy. Here's the deal: the feds generally can't use drones to snoop on specific U.S. citizens. That means no more hovering over your backyard BBQ without a good reason (and a warrant, as described in SEC. 2).

There are a couple of big "except ifs," though:

  1. Public Pics with Permission: If a federal agency gets your written consent to photograph or record you, and it's for public release, they're in the clear (SEC. 2).
  2. Terrorism Exception: If the Secretary of Homeland Security swears under oath that there's a "high risk of a terrorist attack" from a specific person or group, drone surveillance is allowed (SEC. 2).
  3. Warrant Power: If a federal law enforcement agency gets a judge to sign off on a search warrant specifically for drone use, they can proceed (SEC. 2).

Real-World Rollout

Imagine you're a farmer with acres of land. Under this law, federal agents can't just fly a drone over your property to check things out without a warrant. Or, picture a student activist group holding a protest. Unless the government gets consent or meets one of the exceptions, they can't use drones to record the individuals involved.

But, if Homeland Security believes there's a credible, specific terrorist threat, they have the power to authorize drone surveillance without your consent or a warrant. This is where things get tricky. The bill doesn't clearly define "high risk of a terrorist attack," which means that judgment call is left to the Secretary of Homeland Security. That certification is key.

The Bigger Picture

This bill is trying to balance the use of new technology with long-standing privacy rights. It acknowledges that while drones can be useful tools, they also pose a real risk of unchecked surveillance. The warrant requirement adds a layer of judicial oversight, but the terrorism exception introduces a potential area for, if not abuse, then at least expansive interpretation.

It also raises a key question: How will "consent" be handled? Will people feel pressured to agree to surveillance, even if they're not comfortable with it, especially in a public setting?

This act is a direct response to the growing use of drone technology. It aims to update the rules for the 21st century, but it also leaves some big questions open about how those rules will be applied in practice.