Genuinely don’t know, but do you have a right to fly a drone overhead and film “your property” and your neighbors backyard while they skinny-dip? Do you have the right to videotape your driveway… and the elementary school across the street?
I’m very suspicious that “if the video includes your property, you have the right to film it” - which is the implication here.
"I saw them walking down the street yesterday" is not the same as "I saw them walking down the street yesterday at exactly 4:27 PM and returning at 9:19 PM here's exactly what they look like, what they were wearing, what they were holding and since everyone else on my street is also doing this you can get a full recording of their actions the entire time they were outside."
https://www.aclu.org/cases/moore-v-united-states
https://www.aclum.org/en/press-releases/us-supreme-court-dec...
In the case, Moore v. United States, federal agents, without a warrant, surreptitiously installed a small surveillance camera near the top of a utility pole in a Springfield, Massachusetts neighborhood and used it to record the activities at and around a private home over an uninterrupted eight-month period. Agents could watch the camera’s feed in real time, and remotely pan, tilt, and zoom close enough to read license plates and see faces. They could also review a searchable, digitized record of this footage at their convenience. The camera captured every coming and going of the home’s residents and their guests over eight months, what they carried with them when they came and went, their activities in the home’s driveway and yard, and more.