[mdholloway]

Well... it doesn't. This strikes me as a pretty unconvincing definition of "commercial activity" and obviously implicates free speech rights. (That said, if the operators facing trouble are most often getting ratted out to the FAA by business competitors, that does suggest that there's commercial activity somewhere in the background.) My read is that the agency is just trying to hold would-be drone operators at bay until it actually has clear legal authority to regulate (which is in progress).