Clarity re: Tennessee Law re: using UAS to intentionally conduct surveillance or an individual or property

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I have a client who is a landowner and wants me to fly upstream of his creek to see why the water has stopped. 

TN Law SB 1892 // 2014 states:


This law makes it a Class C misdemeanor for a person to use UAS to intentionally conduct surveillance of an individual or their property. This law also makes it a crime to possess those images (Class C Misdemeanor) or distribute and otherwise use them (Class B Misdemeanor).

Would I be "conducting surveillance" flying up a dry creek bed? Why or why not?


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