I guess I'm on the wrong side of this because I do believe that a person has an expectation of privacy while in their own home. The woman in the video lives in a high rise apartment building, and living so high up has never felt the need to close her drapes. The court says that if you leave your window open, and people look in...that's on you. I'm not sure I agree with that, but I think intent is everything here.
Did the operator intend to see this lady sitting in her apartment? That the operator moved the craft after she took the photo doesn't really imply anything, his battery could have been low. That he left the scene once she became aware of him does not imply he was aware of her.
This is becoming a very sticky subject.