Some people say “not yet.” Eli Dourado, for example, argues thus:
It’s true that opening up U.S. airspace to commercial drones will have some important privacy implications to consider. But it’s even more important that we consider the effect of too-early, heavy-handed regulation on future innovation. Like the internet, airspace is a platform for commercial and social innovation. As a permissionless, open platform, the internet allowed – still allows — entrepreneurs to try new business models and offer new services without having to seek the approval of regulators beforehand. *** Regulation at this juncture requires our over-speculating about which types of privacy violations might arise. Since many of these harms may never materialize, pre-emptive regulation is likely to overprotect privacy at the expense of innovation.
Is this argument a sound one, or is it just a pretext for no regulation? Also, is the Internet really a “regulation-free” or Hobbesian environment? Doesn’t the common law still apply to the World Wide Web? Also, if you agree with Mr Dourado that it is still too early to regulate drones, then how will we ever know when is the “right time” for regulation?
For our part, prior probability would take a different approach to drones. Since invasion of privacy is already a well-established tort, why not apply common law rules and principles to drones, that is, why not allow courts to develop the law in this area on a case-by-case basis?
prior probability 
I have a bit of an issue with the idea that drones should not be regulated. Also, the parallel drawn to the development of the internet seems to be a bit of a stretch. The internet is a place that technically speaking is not the real world, anyone who would be subject to the internet privacy issues (at least while it was being developed) had consented to it because they need to have a device to have direct access to a place where information is transferred. Drones will be flying over our airspace; it exists in reality and while regulations may hinder the speed at which this type of technology is developed, these drones will potentially have the capability of obtaining information with out the individuals technical consent. This is how it differs from the internet, the fact that an individual uses it is the only way for that individuals private information to be obtained; with drones, it will simply be flying around monitoring all of its surroundings. Regardless of the privacy issues, these drones also have the potential to cause collateral damage should they not function properly. Common law alone will not be enough to govern over the use of drones. It would make more sense to have at least some form of regulation now. We don’t need a drone to malfunction and fall into a crowded highway or for someone to bring some type of action for the violation of their privacy before we start asking for some form of regulation.