IANAL, but were I arguing this case for the side of the property owner that is the precedent I would lean into: "We already have an understanding that you can't

IANAL, but were I arguing this case for the side of the property owner that is the precedent I would lean into: "We already have an understanding that you can't just capture whatever electromagnetic radiation happens to flux through someone's house and consider that non-privacy-violating, so why is it okay to intentionally go up in the air and capture the flux reflecting off their private property?"