Originally Posted by
Biker395
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.
No, my statements about the FAA are about the fact that flying a drone over private property is legal and unless you can prove that there is other activity that is illegal...firing bullets for example as you mentioned...then I don't see how you are justified in assuming otherwise for the purposes of destroying the drone or suing the operator. I really don't see how you can say that the default legal position is that a drone IS invading privacy without actual proof. After all the CA law you cite says that the invasion of privacy includes trespassing with intent to capture images. If you can't prove the drone has a camera, the camera was on, and was aimed in a direction that would capture images that you would have a reasonable expectation of privacy, then where's your case? And in any case destroying someone else's private property is illegal (hence people being arrested for it and having to pay restitution) and knocking down an aircraft is illegal under federal law. So you
definitely break the law because someone else
may have broken the law.