Agencies issue UAS detection, mitigation advisory

Four federal agencies have issued an advisory guidance document to aid non-federal public and private entities in understanding federal laws and regulations addressing Unmanned Aircraft Systems (UAS) operations threats.

The Department of Justice (DOJ), the Federal Aviation Administration (FAA), the Department of Homeland Security (DHS) and the Federal Communications Commission (FCC) jointly issued the Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems.

“As the number of drones in our airspace continue to rise, it is unsurprising that the availability of counter-drone technologies has likewise increased,” Deputy Attorney General Jeffrey A. Rosen said. “Because these technologies may be presented for sale without a full discussion of important legal requirements, this Advisory steps forward to provide an outline of the relevant legal landscape. By encouraging a common understanding of potentially applicable laws, the Advisory can help foster responsible industry growth and promote public safety.”

The guidance document provides an overview of various provisions of the criminal code enforced by the DOJ, in addition to federal laws and regulations related to aviation safety and efficiency, transportation and airport security, and the radiofrequency spectrum administered respectively by the FAA, DHS, and FCC.

Entities are urged to adhere to advice presented in the Advisory, officials said, by consulting with counsel and thinking about the functionality of individual detection or mitigation systems, the way the system operates, and the way the system will be used.