Justice Department sets new policy governing the purchase of foreign-made drones

The Department of Justice’s Office of Justice Programs (OJP) has revised its policy governing the award of grants to purchase foreign-made Unmanned Aircraft Systems (UAS).

The revised policy requires grant recipients to use OJP funds to procure and operate UAS only in a manner that promotes public safety, protects individuals’ privacy and civil liberties, and mitigates the risks of cyber intrusion and foreign influence.

“We take seriously concerns about the use of foreign-made UAS and the potential for related data compromise,” Deputy Attorney General Jeffrey Rosen said. “It is paramount that funding recipients take effective measures to safeguard sensitive information and the public’s privacy and civil liberties while operating these systems in a safe and secure manner.”

The new policy prevents OJP funds from being used to purchase or operate UAS manufactured or assembled by an entity that DOJ leadership has determined is subject or vulnerable to extrajudicial direction from a foreign government.

“This policy change helps ensure that our partners can use these valuable tools to support their law enforcement and public safety missions, without compromising information technology systems or sensitive law enforcement or privacy information,” OJP Principal Deputy Assistant Attorney General Katharine Sullivan said.

Also, it states that the chief executive officer of the applicant’s jurisdiction seeking funds for purchase or operation of UAS must certify in writing that the applicant and recipient can mitigate the risks posed by malware or unauthorized collection of user information, data theft, or electronic hijacking. The applicant must also certify that it can secure communications and protect the security of stored information collected with UAS and plan to address civil liberties-related complaints regarding the use of UAS.

The policy will help foster a secure and robust UAS supply-chain for the nation’s public safety partners.