[Leica] a photographer sued

[bcaldwell51 at earthlink.net (Bryan Caldwell)]

I think the distinction drawn by the California Legislature is a pretty good 
one. You cannot trespass to capture an image (visual or audio). And, you 
cannot use a technological enhancing device to capture an image that you 
couldn't have captured without committing a trespass if you didn't use said 
device. (We're talking about civil liability here, not criminal acts.)

So, standing on a public sidewalk taking a picture of someone in their front 
yard would be okay (although they might not like it). Using a remote 
helicopter to peer in a fourth floor window or down through a skylight would 
not. 

It's also worth remembering that taking the image is one thing. What you can 
do with it is another. You can have an image that was legitimately taken and 
still use it for purposes that would submit you to civil liability. 

Bryan