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All Your Air Right Are Belong To Us, Chad J. Pomeroy

Northwestern Journal of Technology and Intellectual Property

Privacy and property rights are tricky subjects for a variety of reasons. One reason is that they have a unique relationship with each other, and this Article focuses on one of those areas of intersection – that of air rights and invasion of privacy. This is a timely topic due the advent of drones, and this Article will argue that drone surveillance constitutes common law trespass and that any statute or regulation that permits such activity is in derogation of common law and so should be subject to particularly careful thought and consideration.

This is not as straightforward a thesis …