Federal Limits on Counter-Drone Options Need Updating

Woods Rogers Principal Carter Lee authored an article for Law360 discussing concerns about the ability to protect against unmanned aerial systems (UAS). Currently, the authority to protect against UAS threats rests only at the federal level, and legislative action is needed to revamp policies that expand the ability to prevent and deter dangerous drone activities.

As it turns out, a rather complex web of federal laws criminalizes efforts to damage, disable, or even detect and track UAS,” Carter writes. “While Congress has carved out some ability to conduct CUAS, this limited authority only extends to select departments of the federal government.”

Carter describes the various legal constraints and recent attempts at legislation.

“To address UAS threats comprehensively, it is imperative to empower nonfederal entities to partner with federal agencies and law enforcement in a mutually supportive effort. This requires a holistic approach to CUAS, encompassing policy, capacity building, domain awareness, and cooperation between multiple governmental entities. A cornerstone of effective CUAS operations lies in empowering appropriately trained private sector and law enforcement entities with advanced detection and mitigation technologies. Current legal restrictions often hinder the ability of these entities to address drone threats proactively.”

Read the article in Law360 or access a complimentary copy (pdf).