I'm wondering if the "ad coelum" rule might help out here.
"Cuium est solum eius est usque ad coelum et ad infernos." In English, "For whoever owns the soil, it is theirs up to the sky and down to the depths."
The ad coelum rule is an old bit of Roman-law-cum-English common law that asserted that a landowner's property rights extend both below ground and "to the heavens." In theory, anyone passing across these invisible boundary lines - whether above or below ground - could be held liable for trespass.
In the 1930s, as aviation became an increasingly important part of American life, Congress in essence passed a "mass easement" allowing airplanes to pass over privately-held land - without threat of trespass action.
With "trespass by overflying airplane" no longer a viable cause of action, the same I gather is true for "trespass by overflying satellite." But I fail to see how that "mass easement" granted to aviators - arguably to facilitate transportation of goods and people - can or should be extended to imagery satellites whose express purpose is the gathering of information on citizens powerless to prevent it.
Also - if anyone is aware of an organization committed to fighting this, I would greatly appreciate knowing the name or web address. For those Americans reading out there, I must remind you that our country belongs to the people, and the State may only act at the behest of and in the service of thesame.
If we feel that Congress is acting out of line, it is up to us to put those motherf*ckers on a leash and tell them to heel. Write or call your Congressman, your Senator, get involved with the ACLU or a like organization and protest. More than anything else, organize.
Good luck to us all.
(FYI - I posted this originally under "anonymous coward" but then figured, what the hell.)
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I'm wondering if the "ad coelum" rule might help out here. "Cuium est solum eius est usque ad coelum et ad infernos." In English, "For whoever owns the soil, it is theirs up to the sky and down to the depths." The ad coelum rule is an old bit of Roman-law-cum-English common law that asserted that a landowner's property rights extend both below ground and "to the heavens." In theory, anyone passing across these invisible boundary lines - whether above or below ground - could be held liable for trespass. In the 1930s, as aviation became an increasingly important part of American life, Congress in essence passed a "mass easement" allowing airplanes to pass over privately-held land - without threat of trespass action. With "trespass by overflying airplane" no longer a viable cause of action, the same I gather is true for "trespass by overflying satellite." But I fail to see how that "mass easement" granted to aviators - arguably to facilitate transportation of goods and people - can or should be extended to imagery satellites whose express purpose is the gathering of information on citizens powerless to prevent it. Also - if anyone is aware of an organization committed to fighting this, I would greatly appreciate knowing the name or web address. For those Americans reading out there, I must remind you that our country belongs to the people, and the State may only act at the behest of and in the service of thesame. If we feel that Congress is acting out of line, it is up to us to put those motherf*ckers on a leash and tell them to heel. Write or call your Congressman, your Senator, get involved with the ACLU or a like organization and protest. More than anything else, organize. Good luck to us all. (FYI - I posted this originally under "anonymous coward" but then figured, what the hell.)