US Regulating Counter-Drone Operations

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More than 1.5 million drones are registered in the United States, including more than 441,000 commercial drones and more than 1.1 million recreational drones, according to the FAA. Nearly every state has their own local laws governing drone usage. 

Drone technology has become a valuable commercial, law-enforcement and public-safety tool, yet errant or malicious unmanned aircraft systems pose serious threats. A new guidance issued by the US Office of the Attorney General elaborates on how to deal with drones, including disabling or destroying threatening unmanned aircraft systems.

The guidance applied to a multitude of Department of Justice agencies, including the FBI, the DEA, the Federal Bureau of Prisons, etc.

The new guidance details the process by which DOJ agencies can request that specific facilities or assets be protected from drone threats under that law, with the deputy attorney general put in charge of reviewing and approving DOJ agency protection requests.

The Justice Department emphasized coordination with the FAA when any “counter-unmanned aircraft systems actions” might affect aviation safety, civilian aviation, aerospace operations, aircraft airworthiness, and the use of an airspace, according to washingtonexaminer.com.

The guidance also detailed what sorts of anti-drone “protective measures” could be authorized, including: the detection and tracking of the unmanned aircraft without prior consent, warning the drone operator, disrupting the control of the unmanned aircraft without prior consent, disabling the unmanned aircraft, seizing control of the drone, and “using reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft or unmanned aircraft system.”

William Barr, the attorney general told the DOJ agencies their “counter-drone activities” would be governed by the new guidance, which detailed specific rules for seeking approval for these protections. Only those facilities or assets deemed “high risk and a potential target” for drone activity would qualify for special anti-drone measures, Barr said.

He emphasized the guidance “contains explicit protections for privacy, civil rights, and civil liberties, including limitations on the retention and use of any data collected during the course of counter-drone operations.”