I still feel you need to prove intent. Dones typically can fly only about 30 minutes on one battery and if it's not high up in the sky or in line of site the operator has to be fairly close and thus easy to find. I would think if you see a low flying drone over your house every night you could easily find the operator and report them to the FAA assuming they were doing something malicious or illegal. They FAA can and will take action if there is a problem.
Conserning "spying" and malicious activity you have to remember the controller needs to communicate with the Drone and it can't do that very well if it's not high enough in the sky or with in visual line of site. You can't fly a drone at 10 - 20 ft down the back yards of a long row of homes for example to without being fairly close. And if you are flying a drone legally it shouldn't be flying over people, golf carts, the turnpike or following people and or cars for example and if it's high in the sky it's not going to be peering into your windows or causing a disturbance. As Don suggests, look at the basic rules for Recreational Drone flying and you will see common sense prevales and it's not very difficult to determine whether someone is flying a Drone legally or not. Again if you have a neighbor who is flying legally but causing a disturbance it's best just to ask them not to fly over your house and property and i'm sure they will comply.
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