Federal Government Advises on Federal Laws Potentially Violated When Intercepting Drones

August 19, 2020

The FAA, DOJ, FCC, and DHS jointly issued the "Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems." The advisory covers the applicable federal laws that non-federal or private entities might violate if they sought to detect or mitigate drone threats, including the Wiretap Act and Computer Fraud and Abuse Act. Congress previously granted the DOJ and DHS broad authority to detect and mitigate drone "threats" in the Preventing Emerging Threats Act of 2018 that was incorporated into the FAA Reauthorization Act of 2018. The FAA Reauthorization Act of 2018 required a report on drone surveillance risks but did not establish any baseline privacy safeguards. EPIC has repeatedly urged both Congress and the FAA to take decisive action to limit the use of drones for surveillance and to establish a national database detailing drone surveillance capabilities.

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