Attorney General William Barr issued protective guidelines for Justice Department agencies on how to deal with drones, including disabling or destroying threatening unmanned aircraft systems.
The 22-page guidance, issued on Monday, applied to a multitude of DOJ agencies, including the FBI, the DEA, the Federal Bureau of Prisons, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
“This guidance was the product of extensive collaboration between the Department of Justice, the Department of Transportation, and the Federal Aviation Administration,” Barr said. “It will ensure that we are positioned for the future to address this new threat, and that we approach our counter-drone efforts responsibly, with full respect for the Constitution, privacy, and the safety of the national airspace.”
The Justice Department said its authorities in this arena stemmed from the Preventing Emerging Threats Act of 2018, and explained 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 number of unmanned aircraft is increasing rapidly, as is their importance to the economy,” Deputy Attorney General Jeffrey Rosen said. “By further enabling the Department’s efforts to mitigate threats posed by errant or malicious unmanned aircraft systems, the guidance helps to bring us closer to the larger objective of ensuring all forms of air traffic in the National Airspace System operate lawfully and safely.”
The FAA says there are more than 1.5 million registered drones in the United States, including more than 441,000 commercial drones and more than 1.1 million recreational drones. Nearly every state has their own local laws governing drone usage too.
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. The Justice Department said this would include “risk-based assessments” in consultation with the transportation secretary to look at potential airspace impacts.
Barr said “law enforcement and security agencies play a crucial role in ensuring the safe and secure integration of drone technology into the airspace” in explaining the new guidance. The attorney general said he hoped the new guidance would enable DOJ agencies “to take appropriate and lawful action against drones that threaten the safety of the skies, the public, or your missions.”
“Drone technology has transformative potential as a valuable law-enforcement and public-safety tool, including for use in crime scene investigations, search and rescue operations, and security assistance,” Barr said. “As drones become more powerful and capable, however, they also become a more attractive tool for criminals, terrorists, and other bad actors to cause disruption and destruction. Unfortunately, the threat is not theoretical.”
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.”
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.
Barr also 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.” The attorney general urged each DOJ agency to develop its own guidance and training. He also said agencies need to make sure their actions are lawful and consistent with the First and Fourth Amendments.
The new guidance stated that if a DOJ agency wants to “deploy protective measures” for one of its facilities or assets, it must seek approval from the deputy attorney general.
The intricate guidelines listed numerous categories which could qualify for anti-drone protections, including so-called National Special Security Events which, because of their political, economic, social, or religious significance, could be targeted by terrorists or other criminals. Among those sorts of events are presidential inaugurations, Republican or Democratic nomination conventions, major international summits in the United States, such as the G-7 or the United Nations, and major sporting events like the World Series or Super Bowl.
