Think its over complicated, should be able to record anything that you could see or hear without any specialist equipment
Which for example means I can see and hear (usually with a window open) my neighbours in their yards, see roof (bungalow next door), but not inside their home from my own windows at my property without using any equipment. I can hear my neighbours through the wall when they raise there voices but that's rare.
I can also hear people walking/ driving past if a window is open, I am no more invading their privacy, so I would say those images and audio being recorded are not an invasion of their privacyas they are publically broadcast for anyone to see or hear in the vicinity.
The distribution of those images and conversations to anyone else is an invasion of privacy (my neighbour doesn't expect me to film them sunbathing in their back yard and publish on the net for everyone to see). In relation to capturing images and audio of a person or persons committing or believed to be committing a crime, the evidence should be submitted to the relevant authorities and they can deem with how that information is publically shared in order to capture/ eliminate the suspects from the alleged crimes.
May be I am thinking this too simply and missing some important points.