But are they spending resources going after this sort of thing?
The FAA doesn't have the resources to chase people that take a few real estate photos and I haven't heard of any prosecutions.
It's completely laughable that the FAA currently require a pilots license to commercially take photos that are completely legal for recreational flyers.
It's also laughable that they made such a ruling and expect it to be obeyed.
Plenty of flyers out there make a few dollars but ensure that they fly safe and stay below the radar.
On the contrary, most people wanting to make a buck on this will be as responsible as possible. Since word of mouth is your best friend, you certainly don't want your client telling others you crashed twice during the filming. Whereas recreationally, if you brain fart into a tree, who cares?
Like I've said before, require an easily obtainable permit and insurance so that if a damage claim happens, the person can be found. There is nothing else to worry about. There will not be any Phantoms hitting airplanes. Idiots like the drunk White House guy etc. will not sign up to obtain these requirements anyways, so they just need to quit bullshitting and get over it. How many flights have Phantom owners made? Hundreds of thousands? And how many flights were so stupid that law enforcement had to get involved, maybe a dozen worldwide?
How many of those flights were not commercial, but not following regulation (height, LOS distance...), a quarter? This isn't an issue. Just another example of government unable to keep up with technology.