Advisory Released on the Application of Federal Laws to Drone Detection and Mitigation Technology

The Federal Aviation Administration (FAA), the Department of Justice (DOJ), Federal Communications Commission (FCC), and the Department of Homeland Security (DHS) have issued an advisory guidance document to assist non-government entities interested in procuring technology to detect and mitigate the risks of Unmanned Aircraft System (UAS) in understanding how federal laws and regulations could apply to particular actions or systems. The document is solely intended as a legal introduction to these concepts and specifically concerns only the provisions of the criminal code the DOJ enforces, and the laws and regulations administered by the FAA, FCC, and DHS. Currently, certain federal agencies are the only entities that have been given authorization to engage in limited detection and mitigation activity against UAS. This creates risks for private entities without this authorization, as UAS detection capabilities could violate criminal surveillance or electronic communications laws and UAS mitigation capabilities could violate laws regarding hacking or damaging aircraft. These technologies also have the potential to make an airspace hostile enough to violate air safety regulations and radio frequency systems. This advisory is a valuable document for organizations considering procuring these devices, as it allows buyers to begin to understand whether or not the capabilities offered by a certain solution could create legal risks when used.