Drones and National Security: The Regulatory Landscape
Jones Day Talks: Developments in Germany's Wind Power Regulations
On May 6, the Federal Aviation Administration (FAA) published a long-awaited Notice of Proposed Rulemaking, establishing a process by which critical infrastructure entities can obtain flight restrictions for unmanned aircraft...more
Update 2/24/2026: The House of Representatives voted 264–133 in favor of the ROTOR Act – a clear majority, but one vote short of the two-thirds threshold required under the fast-track procedure used for the vote. ...more
On January 27, 2026, the Federal Aviation Administration (FAA) put a notice on public inspection reopening the comment period for the Normalizing Unmanned Aircraft System Operations Beyond Visual Line-of-Sight Notice of...more
Historically, the legal authority to stop dangerous drone activity has been tightly held by a few federal agencies. That changed on December 18, 2025, when President Trump signed the FY26 National Defense Authorization Act...more
The Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau on Dec. 22, 2025, issued a Public Notice to announce the addition of unmanned aircraft systems (UAS) and UAS critical components...more
The time for submitting comments on the FAA’s latest drone initiative, Part 108, has come and gone, but other opportunities to participate in the integration of novel and emerging aircraft into the National Airspace System...more
In the next two years, the number of commercial and recreational drones operating in the United States is expected to almost triple, reaching close to three million. While the vast majority of drones are used for lawful...more
Companies developing autonomous aerial vehicles face a complex web of regulatory requirements, national security responsibilities, IP considerations, and reputational challenges. ...more
Due to "special security reasons," the Federal Aviation Administration (FAA) has imposed a temporary flight restriction (the TFR) over most of Chicago, IL — through at least October 12, 2025 — prohibiting the operation of...more
In a recent JDSupra post, I discussed how the NEPA process has historically affected operations at U.S. spaceports and examined how two recent White House executive orders, which roll back the NEPA process and encourage rapid...more
On Friday, June 6, President Trump signed two executive orders (EOs) aimed at strengthening the U.S. drone industry and enhancing protections against malicious and unauthorized drone use. The orders address key challenges...more
It’s been a busy couple of weeks in space policy. Although the House Appropriations Committee kept defense funding flat at FY25 levels, it significantly increased funding for Space Force and RDT&E. On the north side of the...more
The Supreme Court may be about to accept an appeal with enormous potential to decide the airspace rights of drones in the United States, and nobody in the drone community seems to have noticed. Cases concerning drone flights...more
On August 21, in a long-awaited action, the Federal Communications Commission (FCC or Commission) adopted a Report and Order (Order) establishing rules to allow limited access to spectrum in the 5030-5091 MHz band for use by...more
The Federal Aviation Administration (FAA) is responsible for licensing the companies that charter private space transportation. To issue a license for commercial space travel, the FAA is required under the National...more
The military conflicts in Ukraine and Israel have highlighted the role that small unmanned aircraft systems (sUAS) might play in future conflicts. The Federal Aviation Administration (FAA) Reauthorization Act of 2024 (the...more
This 4th of July, look up and you might notice something spectacularly different lighting up the night sky. The days of stunning displays that relied solely on the crackle and pop of fireworks are numbered. In a remarkable...more
In Long Lake Township v. Maxon, the Michigan Supreme Court had the opportunity to critically consider the extent to which property owners have an inherent right to prevent unwanted drone incursions into the airspace...more
While at first glance the Michigan Supreme Court case of Long Lake Township v. Maxon, appears to be a simple zoning dispute with a Fourth Amendment twist, the real impact of the case may ultimately fall on drones and air...more
Last week, a federal complaint was filed against Andrew Hernandez in federal District Court in California charging him with the unsafe operation of an unmanned aircraft (or drone). The allegations against Hernandez include...more
Last week, the Cybersecurity and Infrastructure Security Agency (CISA) and the Federal Bureau of Investigation (FBI) released Cybersecurity Guidance: Chinese-Manufactured Unmanned Aircraft Systems (UAS), which outlines the...more
Sports fans may recall a bizarre incident in November 2023 during the Monday Night Football Ravens-Bengals matchup- a small drone made an unexpected appearance overhead at the M&T Bank Stadium, causing chaos and two delays of...more
The Fifth Circuit’s recent decision in National Press Photographers Association v. McCraw threatens to dilute the First Amendment rights of photographers and filmmakers using uncrewed aircraft systems (UAS), and undermine...more
The U.S. Court of Appeals for the Fifth Circuit reversed a district court’s 2022 ruling on the constitutionality of Texas Chapter 423 law (i.e., the drone law) which restricts the actions of drones. Nat’l Press Photographers...more
The Federal Aviation Administration (FAA) has been working toward one goal when it comes to drones: get more of them safely in the air. However, right now, the FAA is without a permanent leader or a stable funding package....more