A plane flies over a Dupont chemical plant while it is under construction and takes photographs of the inner workings of the plant. Is this action unlawful?

Group of answer choices

No, because the plane is in a public place engaging in a lawful activity.

Yes, because the inner workings of the plant are valuable commercial information and it is not reasonable to expect Dupont to keep the inner workings of the plant completely hidden from view during its construction.