On June 6, 2018, the U.S. Senate Committee on Homeland Security and Governmental Affairs held a hearing on Senate Bill 2836, the Preventing Emerging Threats Act of 2018. The focus of the hearing was “Countering Malicious Drones.” Committee Chairman Ron Johnson (R-Wis.) and Ranking Member Claire McCaskill (D-Mo.) both noted that a massive growth in drone usage has led to a significant number of drone flights over sensitive areas or drones performing suspicious activities. Corporations have similarly experienced a rising incidence of drone flights over private property, with increasing risk of damage or corporate espionage.
The Committee heard testimony from four witnesses: David Glawe, Under Secretary for Intelligence and Analysis with the Department of Homeland Security (DHS); Hayley Chang, Deputy General Counsel for DHS; Scott Brunner, Deputy Assistant Director of the FBI; and Angela H. Stubblefield, Deputy Associate Administrator with the Federal Aviation Administration (FAA). All noted the significant growth in drone usage throughout society. Ms. Stubblefield also noted that drone technology “represents the fastest growing sector in aviation today.”
Each witness also discussed the many threats that this growth and the increase in drone capabilities present. In addition to the possibility that drones could be used to carry dangerous or contraband payloads—for example, bombs or narcotics—drones present significant threats of espionage and cyber-attacks on government and corporate targets. For example, the DHS witnesses testified that researchers recently demonstrated using a drone to gain access to and siphon information from wireless networks. An increase in drone traffic also increases the potential for negative impacts on other air and ground traffic as well as possible disruption of emergency response services.
The witnesses agreed the biggest problem is that government entities currently lack strong mechanisms to secure airspace against drones and to enforce current rules and regulations against drones. Only the Department of Defense (DOD) and the Department of Energy (DOE) currently have authority to implement counter-drone measures on their properties. Ms. Stubblefield noted that the FAA has worked with DOD and DOE to implement enforcement mechanisms, but more coordination with other government agencies is necessary for enforcement or similar purposes.
As a result of these threats and the current enforcement limitations, Senators Johnson and McCaskill introduced S.2836 on May 14, 2018. The bill, which has five other co-sponsors, provides DHS and the Department of Justice (DOJ) broad authority to detect and monitor drones, and to disrupt, seize, or destroy drones where necessary. The bill requires DHS and DOJ to coordinate with the FAA and with the Department of Transportation on enforcement activities. The bill also provides significant privacy protection, requiring that any data collection be limited to what is absolutely necessary (and within the scope of the Fourth Amendment) and requiring that any collected data be destroyed within 180 days (subject to certain limited exceptions).
To date, no activity has been taken on S.2836 beyond last week’s hearing. We will follow the progress of the bill and provide updates on any changes.
Testimony from the hearing is available here. The text of S.2836 is available here.
