What if you were pheasant/duck/goose hunting and got "confused?" People get away (at least somewhat) with shooting other hunters in the woods thinking they were game animals.
They do escape criminal penalties sometimes, I don't know how well they make out on the civil side of things.
I just think it's funny that some people are going to run out and shoot at something that's not theirs, and not in a space they have a legal claim or rights to. That's one of the problems with gun nuts, they think everything can be solved with a gun, and want to use their gun to claim imaginary rights. It's like the old saying, "If the only tool you have is a hammer, every problem looks like a nail." I can only assume they don't have many tools in their boxes.
It has never been considered a violation of privacy to observe someone's property or person from a public way or road. If we don't want people to see things, we put up fences, close drapes, whatever. Airspace is public, technology has reached an ability and price point to make it more accessible. A fence cannot be used to shield us from the sky above.
Ever notice how much more you can see when riding in a tall vehicle compared to a passenger car? If you have a 6' privacy fence, is it okay to shoot anything passing by that is over 6' tall?
Bottom line, we have always created our own privacy with fences, walls, plantings and distance. We can create our own privacy from above too but it will be expensive and we don't expect that we should have to do that, or bear the expense.
I had an odd experience with small private helicopter hovering just above the trees about 150' away from our house about five years ago. For whatever reason, this person was flying low along the road and stopping to look at things, violating all sorts of FAA rules in the process. Our house looks a bit unusual because it is a bermed passive solar design. I can understand the curiosity but not the idiocy that went with it.
I went outside and waved them off, followed by a call to the sheriff. Turns out mine was not the only call, they knew who it was and assured me they would be getting a good lecture. In that situation, the FAA could suspend the pilot's license so they had a lot to lose. I have never seen that helicopter around here since.
Now suppose I had run out and shot at it. Actually, I think I could have brought it down as close as it was and stationary. The story would have a much different ending--to accomplish what?