In the interest of full disclosure I am forceful advocate of unmanned commercial air freight located in Tucson, Arizona.
Why wouldn't a person be able to start up a Aerial Photography business ?
I'm talking about a business that takes aerial photography and videos of Real Estate property for sale both inside and outside as long as it stayed within the altitude and frequency guidelines of the AMA and FAA for that matter? We are not talking about flying in any commercial / public airspace but let's just call it your backyard, over your house and through it for that matter....
The short answer to his very direct question is “It's a government conspiracy.” The answer is to go do it and his defense should be “it's a free country. ”
American common law validates this course of action. 49 USC § 40103 - SOVEREIGNTY AND USE OF AIRSPACE states "A citizen of the United States has a public right of transit through the navigable airspace." If the law imposes one duty on its citizens to be reasonable, it follows that right of transit means also use. If our American raison d'être is "Life, liberty and the pursuit of happiness," then the Ninth Amendment is the shield of that freedom. It states simply: