U.S. Drone Laws

There is an interesting direction by the FAA regarding drone flight above residential areas.Technically, as with some mineral rights, you do not have ownership of the airspace above your residence.

Questions

1. With that in mind, is it an invasion of privacy if a legal flight was conducted in an area that is not considered to be private, such as an open backyard or farm land?
2. There is court ruling regarding the use of thermal imaging to peer into a home, however what is the line to draw for open space?

Reference

https://www.utsystem.edu/sites/default/files/offices/police/policies/USDroneLaws.pdf