But you can't limit it like this... the airspace is public! So for commercial flights... sure - but there are a whole host of private pilots owners that absolu

But you can't limit it like this... the airspace is public! So for commercial flights... sure - but there are a whole host of private pilots owners that absolutely can do this. Ex - how do you think news helicopters work? Basically, I'm saying that this phrase > "who would trespass using public airspace" is non-sense. You can't have public space that is being trespassed on. You can apply some limitations (ex: a pilot's license) but many drone pilots already need to be registered anyways. At best, you can argue that there was a clear expectation of privacy (aka: the same argument that prevents you from pointing a telescope at the windows of a private bathroom from public land) and make it illegal after the fact, but I don't really believe that the courts will accept that you have the same expectation of privacy in an outdoor area visible from public space (incl airspace) as you would in a bathroom.