What's on this page?
- FAA's LEAP Program
- Mitigation and Detection - what is legal?
- FAA publications for how to address nuisance drones
- CISA (Cyberecurity Infrastructure and Security Agency) publication on responding to drone calls
- Combined FAA, DOJ, FCC and DHS guidance on UAS detection and mitigation
Get to Know FAA's LEAP!
(Law Enforcement Assistance Program - which has evolved to serve public safety generally)
DRONERESPONDERS conversation with Mike O'Shea of the FAA ,Scott Harris from LEAP, and Matt Slawson from Torrance CA PD
May 2021 - A Public Safety UAS Conversation with the FAA Webinar
May 2021 - A Public Safety UAS Conversation with the FAA Webinar
Resources for addressing Problem Drones
FAA publication: (from the document) "This Public Safety Small Drone Playbook is intended to be used as an informational
resource to public safety officials conducting investigations regarding drones. The Playbook can assist in determining the difference between authorized and non-authorized drone operations and what potential actions public safety might take. We encourage you to research local rules and regulations and add them to this document (page 13) so that they are available when needed."
2017 FAA UAS Symposium - local and state UAS enforcement authorities
|
US DOT: LAW ENFORCEMENT GUIDANCE FOR SUSPECTED UNAUTHORIZED UAS OPERATIONS
Version 5 – Issued 8/14/2018
2018 FAA Symposium - Workshop: Unsafe/Unauthorized UAS - What You Can Do
| ||||||||
From the federal Cybersecurity Infrastructure and Security Agency (CISA)
| responding_to_drone_calls_guidance_for_emergency_communications_centers.pdf |
From CISA: "CISA is pleased to announce the publication of the Responding to Drone Calls: Guidance for Emergency Communications Centers (ECCs) providing ECCs with an overview of safe and unsafe drone operations and a recommended script to use during a drone related 9-1-1 call. As drone activity continues to increase in the United States, ECCs may experience an increase in drone related calls. To ensure an appropriate response, ECCs should understand the distinctions between safe and unsafe drone activity and collect the information needed to inform potential law enforcement action. This guidance provides an overview of safe and unsafe drone flight and a suggested script that ECCs may follow when receiving a drone related call.
Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems
| 20_0817_ogc_interagency-legal-advisory-uas-detection-mitigation-technologies.pdf |
August 2020 The Federal Aviation Administration (FAA), Department of Justice (DOJ), Federal Communications Commission (FCC), and Department of Homeland Security (DHS) are issuing an advisory guidance document to assist non-federal public and private entities interested in using technical tools, systems, and capabilities to detect and mitigate Unmanned Aircraft Systems (UAS). The advisory is intended to provide an overview of potentially applicable federal laws and regulations, as well as some factors relevant to whether those laws may apply to particular actions or systems.
Specifically, this advisory addresses two categories of federal laws that may apply to UAS detection and mitigation capabilities: (1) various provisions of the U.S. criminal code enforced by DOJ; and (2) federal laws and regulations administered by the FAA, DHS, and the FCC. The advisory does not address state and local laws, which UAS detection and mitigation capabilities may also implicate. Neither does it cover potential civil liability flowing from the use of UAS detection and mitigation technologies (e.g., the potential liability from causing physical damage to persons or property as a result of mitigating a UAS threat, or civil liability and recovery for an unlawful interception of wire, oral, or electronic communications under 18 U.S.C. § 2520).
This advisory is provided for informational purposes only. It is strongly recommended that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, entities seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws. Entities should conduct their own legal and technical analysis of each UAS detection and/or mitigation system and should not rely solely on vendors’ representations of the systems’ legality or functionality. As part of that analysis, entities should closely evaluate and consider whether the use of UAS detection and mitigation capabilities might impact the public’s privacy, civil rights, and civil liberties. This is particularly important because potential legal prohibitions, as discussed below, are not based on broad classifications of systems (e.g., active versus passive, detection versus mitigation), but instead are based on the functionality of each system and the specific ways in which a system operates and is used. A thorough understanding of both applicable law and the systems’ functionality will ensure important technologies designed to protect public safety, by detecting and/or mitigating UAS threats, are used effectively, responsibly, and legally.
Specifically, this advisory addresses two categories of federal laws that may apply to UAS detection and mitigation capabilities: (1) various provisions of the U.S. criminal code enforced by DOJ; and (2) federal laws and regulations administered by the FAA, DHS, and the FCC. The advisory does not address state and local laws, which UAS detection and mitigation capabilities may also implicate. Neither does it cover potential civil liability flowing from the use of UAS detection and mitigation technologies (e.g., the potential liability from causing physical damage to persons or property as a result of mitigating a UAS threat, or civil liability and recovery for an unlawful interception of wire, oral, or electronic communications under 18 U.S.C. § 2520).
This advisory is provided for informational purposes only. It is strongly recommended that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, entities seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws. Entities should conduct their own legal and technical analysis of each UAS detection and/or mitigation system and should not rely solely on vendors’ representations of the systems’ legality or functionality. As part of that analysis, entities should closely evaluate and consider whether the use of UAS detection and mitigation capabilities might impact the public’s privacy, civil rights, and civil liberties. This is particularly important because potential legal prohibitions, as discussed below, are not based on broad classifications of systems (e.g., active versus passive, detection versus mitigation), but instead are based on the functionality of each system and the specific ways in which a system operates and is used. A thorough understanding of both applicable law and the systems’ functionality will ensure important technologies designed to protect public safety, by detecting and/or mitigating UAS threats, are used effectively, responsibly, and legally.
Disclaimer: All information provided herein is solely for educational and informational purposes. Its inclusion on this website does not constitute an endorsement or assurance as to accuracy or timeliness. It is not legal advice. UAV laws and guidance change rapidly. If you are preparing policies or documents for your agency or department, we suggest you consult with an attorney familiar with municipal and aviation law as well as other law that may be applicable to the particular policy or document such as privacy or cybersecurity.