tolman wrote:Given the limited size of property that the vast majority of people own, property rights seem like a poor method of dealing with drone issues, since most drones seem perfectly capable of taking invasive pictures while not being over someone's property.
Absolutely. Just as some jackass with a camera, good lenses, and a stepladder is perfectly capable of invasive pictures while not being over someone's property. And yet, we don't hear anyone agitating against public availability of telephoto lenses, or cameras, or stepladders. Ultimately, drones don't provide a way to do something new- they provide a new way to do something people are already sometimes doing. And, as the end most people fear in this discussion is already addressed in law, using new tools to that end is also already addressed in law- whereas outlawing or restricting an entire class of a technology because you're afraid of one possible use for that technology is generally a direction that law shies away from.
If someone really was trying to take pictures of sunbathing children from a drone, it would seem fairly sensible for them to use a camera which didn't point directly down, and to do their flying outside any target properties.
In most jurisdictions, there is no law against taking pictures of sunbathing children. This is true whether or not one uses a drone. Or whether or not one uses a telephoto lens and a stepladder. It rapidly becomes illegal to do so if doing so involves entering private property in many jurisdictions. So I continue to fail to see how the feared behavior isn't already addressed and clarified by existing law, and how you're not merely up in arms because someone might do this thing in a novel way. If those children are visible to someone not on their property, they have no reasonable expectation of privacy and thus, unless they are sunbathing in a way that would make images of them illegal in their own right, taking their picture isn't often an issue.