Retail drones and the Flock Safety pilot

A recent report detailed how Flock Safety, a company known for police surveillance technology, is selling drones to private-sector customers to track shoplifting suspects. Keith Kauffman, a former police chief who leads Flock’s drone efforts, described a use case where a retail security team launches a drone from a rooftop to follow suspected shoplifters to their car, streaming live video directly to police.

How current FAA rules limit drone operations

Right now the Federal Aviation Administration requires a waiver to fly a drone beyond the pilot’s visual line of sight. The waiver system exists to reduce risks of midair collisions and protect people and property on the ground. Since 2018 the FAA has granted waivers for specific use cases such as search and rescue, infrastructure inspections, and police operations.

Flock has helped some police departments secure those waivers in as little as two weeks. Private-sector customers of the company generally wait 60 to 90 days for waiver approval. That regulatory friction has been a significant constraint on how broadly drones are used today.

A pending rule that could change everything

Industry groups and companies invested in drone use have pushed for replacing the waiver regime with a clearer, easier path to fly beyond visual line of sight, often abbreviated BVLOS. In June the White House backed that push with an executive order calling for American drone dominance, and the FAA published a proposed rule in August that would open BVLOS operations for broad categories including package delivery, agriculture, aerial surveying, and ‘civic interest’ operations such as policing.

Under the proposed rule, operators in the listed categories would generally find it easier to fly drones farther and more persistently without case-by-case waivers, effectively expanding the number and range of BVLOS flights.

Privacy and civil liberties concerns

Civil liberties advocates say this regulatory shift could vastly expand the surveillance state. Groups like the ACLU warn that fleets of BVLOS-equipped drones enable persistent surveillance of public spaces, protests, and neighborhoods, allowing law enforcement and private actors to collect large amounts of personal data without warrants.

Jay Stanley, a senior policy analyst with the ACLU’s Speech, Privacy and Technology Project and a member of the FAA rulemaking commission, says the FAA’s proposed rule would open the skies to many more flights without sufficient privacy protections. The worry is that easier BVLOS approvals will normalize continuous aerial monitoring by both public and private operators.

What people can do and what to expect next

The FAA is accepting public comments on the proposed rule through October 6. Those concerned about privacy or expanded policing powers from drone fleets can submit remarks during the comment period. The executive order directs the FAA to issue a final rule by spring 2026, so the stakes and timeline are clear: the next several months will shape whether US airspace becomes significantly more populated by drones for delivery, inspection, and surveillance.

This story originally appeared in The Algorithm, a weekly newsletter on AI.