Unfortunately the presumption will be if your drone is equipped with a camera, you will have the ability to take pictures and videos. There's no way to fly the drone without looking thru the camera and it isn't a stretch for a tyrannical government to including simply looking thru the camera at an object isn't much different than taking a photo or a video of it. After all, peeping toms only need to "see" their object (of desire) they don't have to snap a photo or record a video. You would be hearing this from the other side of the defendant's table as the government is talking about the "intent" of the law.I read it too. How did you get that idea?
It says nothing about where you can fly. It prohibits capturing imagery of private property or people on private property without their permission.
In my understanding of jurisdiction the state has ability to make such a prohibition. Taking pictures and video of things falls outside the FAA's jurisdiction.
So you can fly over private property, just don't record your video without permission.