This is not the Festo SmartBird from the TED talk. As noted in the article, there are several design differences, as well as the severe restrictions on weight when it comes to the flight mechanics of the SmartBird.

The SmartBird is a really great tech demo, but ornithopter style flight is not practical in settings like those found in military operations. The extreme weight restrictions, delicate mechanisms, complicated flight, and slow speed make other traditional flight mechanisms far more practical. The small propeller and ailerons are nearly invisible from the ground, and if kept light weight, the sound of the propeller won't be heard over ground noise. There's no reason to use a more complex design.

This is the talk you're referring to: http://www.ted.com/talks/a_robot_that_flies_like_a_bird.html

Quite right. There is one that is the size of a small humming bird as well. I wouldn't be surprised if they're bein used as well. It may be almost impossible to spot them.