Originally Posted by
Cyclosaurus
As you say, depends upon privacy laws. One thing is certain though and that it's legal to fly the drone there. I find it hard to believe that local trespassing laws would apply any more than they would to commercial jetliners passing overhead. The FAA says that they regulate airspace, period. So, being a legal activity, the presence of a drone alone does not mean that anyone is peeping in the windows, or that any illegal activity is automatically happening. You can't even prove a camera is on or recording when you see a drone. And as I've said, the optical characteristics of the camera and the scene makes is unlikely in most cases that any real invasion of privacy is even possible.
As far as looking in windows, apparently I do have the right, at least in New York state as upheld by the NY Supreme Court, to put a telephoto lens on a camera and photograph you and your family through your windows and put them on display in an art exhibit, suggesting that public beliefs about privacy rights and what courts will enforce may be very different. Anybody who wants to seriously invade your privacy with a gopro drone is really using the wrong tool anyway.
Well, this is the law here in California. And this is statutory law:
"Physical & Constructive Invasions of Privacy - California Civil Code section 1708.8. This law defines physical invasion of privacy in terms of trespassing in order to capture an image, sound recording or other impression in certain circumstances. It also defines constructive invasion of privacy as attempting to capture such an impression under circumstances in which the plaintiff had a reasonable expectation of privacy."
Your statements about the FAA are based on the logical fallacy that just because the FAA regulates that airspace and does not expressly prohibit a particular activity, you are entitled to perform that activity without breaking other laws. Flying over a house shooting bullets into it may or may not violate federal law promulgated by the FAA, but it sure as hell violates state law against attempted murder or wanton endangerment. That the FAA regulates airspace does not preempt states from enacting laws regarding activities performed in that airspace.
As I said, if I see one in my backyard, it's toast. And if they sue me for damages, I'll countersue. I'm pretty sure what a jury of my peers will decide.