In fact, "trespass" is a terrible way to think about privacy violation, according to Parker Higgins, an activist with the Electronic Frontier Foundation. Technologies like drones make it obvious that FBI agents can peep into your windows without walking into your backyard. "It was once a fact that trespass served as a good proxy for [privacy], Higgins told io9. "Increasingly we see examples that that proxy has failed."
Higgins thinks the drone rule is a perfect example of this failure. "Whether the drone touches down or not is irrelevant to most people," he said. "They're not offended that it touched down. They're offended that it's invading their privacy."