Who Gets to Fly? ACLU Paper Examines the Future of Drone Access

Access, Regulation, and the Future of Drone Use

Analysis raises questions about how policy decisions may shape who benefits from drone technology

Image credit: Ethan Hein, CC by 2.0

As drone technology advances, its applications continue to expand across industries, public safety, and everyday life. Drones support infrastructure inspection, emergency response, mapping, and delivery services. These capabilities position the technology as a valuable tool for efficiency and innovation.

At the same time, their growing presence has prompted discussion about how drones should be governed. Organizations such as the American Civil Liberties Union (ACLU) are raising questions about how evolving regulations may shape access to the technology.

In a new white paper, “Drones For Them But Not For Us?”, ACLU Senior Policy Analyst Jay Stanley examines current policy trends. He argues that regulatory frameworks may increasingly favor government and commercial users over individuals. The paper aims to contribute to ongoing policy discussions as lawmakers, regulators, and industry stakeholders define the future of drone operations.

Stanley frames the issue in terms of access and power:

At the ACLU we always ask the question, ‘who will this technology empower? Will it shift power?’ So it was natural to ask that question about drones. In recent years including during two FAA ARCs that I was a member of, I’ve really felt that the answer is starting to look like, ‘not ordinary people,’ so I wanted to put down on paper why it looks that way to me. I’m hoping to start a conversation about this and getting policymakers of all kinds thinking about this.

Expanding Use Cases—and Expanding Questions

Drones are already used in a wide range of applications. Public safety agencies deploy them for search and rescue and situational awareness. Commercial operators are advancing delivery and inspection programs. Individual users continue to use drones for photography, research, and recreation.

The ACLU paper highlights the importance of maintaining space for all of these uses. It notes that drones have enabled individuals to document environmental issues, support journalism, and contribute to community projects.

The concern, according to the paper, is not about the technology itself. It focuses on how access to drones may evolve under current policy trends.

Five Areas of Concern

The white paper outlines five areas of concern. These issues are also the subject of active debate within the broader drone industry. Recreational users and small commercial operators helped establish today’s ecosystem, often driving early adoption and innovation. As the sector matures, however, these users face rising costs and more complex regulatory requirements, which may affect their ability to participate.

While industry stakeholders may not agree on every concern, there is broader alignment on the need for clear and consistent rules. Greater regulatory clarity can help define expectations, support responsible operations, and build trust, allowing both drone operators and the communities around them to feel more confident in how the technology is used.

1. Barriers to Flight
The paper argues that expanding counter-drone authorities could restrict when and where individuals operate drones. It notes that while security concerns are real, most unauthorized flights are not linked to harmful intent.

2. Barriers to Ownership
The report points to policy decisions that could affect affordability and availability. It suggests that restrictions on foreign-made drones, combined with market conditions, may increase costs and limit access.

3. Limited Local Control
The paper raises questions about the balance between federal authority and local input. It states that communities may have limited ability to regulate drone activity over their neighborhoods.

4. Increased Surveillance Capabilities
The report highlights the growing use of drones by law enforcement and government agencies. It notes that “a minimum of 1,500 US police departments already have drone programs” and that these programs continue to expand.

5. Limited Transparency
The paper also focuses on transparency. It suggests that members of the public often lack clear information about who is operating drones overhead and what data is being collected.

Regulatory Momentum and Industry Growth

These concerns emerge as drone operations continue to scale. Ongoing rulemaking by the Federal Aviation Administration, including efforts to enable beyond visual line of sight (BVLOS) operations, is expected to support new commercial use cases.

The paper notes that these developments are often shaped by industry and government stakeholders. These groups are actively engaged in regulatory discussions and investment planning.

“Most Americans aren’t thinking about drones right now,” the report states, adding that companies and government agencies are playing a central role in shaping policy .

A Call for Broader Policy Engagement

The ACLU’s analysis calls for greater attention to how drone policies are developed. It recommends safeguards such as clearer limits on enforcement authority, improved transparency, and more opportunities for local input.

The paper does not argue against drone innovation. Instead, it emphasizes the importance of balancing innovation with accountability. As drone adoption increases, questions about access, oversight, and public benefit are likely to remain central.

For policymakers and industry stakeholders, the challenge will be ensuring that drone technology continues to deliver value while addressing concerns about privacy, fairness, and control.