It's very likely that in the not too distant future, someone will be the first to be prosecuted for flying a drone illegally. It will probably be a costly and difficult lesson for the offender. The FAA "guidelines" for just about any flying activity in some cases don't have the same force of law as the FAR's, but woe to the aviator that does not follow them. There are lots of ways you can be brought up on charges by a federal agency, and the "guidelines" have been used to prosecute folks that while they may not have directly broken an FAR, were charged under the "careless and reckless operation" statute, among others. The civil penalties from something like causing air tankers to be grounded and as a result have homes and property destroyed could be staggering. If loss of life is involved, the civil penalty would be the least of your worries.
The FAA regards
any vehicle or device that flies in the airspace as falling under their authority. Even what many regard as toys. Model airplanes as an example, are regulated. Drones are as well. The model airplane folks have had an organization for years (AMA-Academy of Model Aeronautics) that most are members of, or follow their guidelines to stay within the rules. My current understanding is that drones are excluded from AMA oversight due to insurance not being available. Perhaps someone with a closer understanding of that can weigh in.
Getting the message across in todays' I'll do whatever I want society, that this is serious business and has real consequences for irresponsible operation, is proving difficult. A case of technology being way ahead of proper government response.