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Will Sohn

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On August 17, the Federal Aviation Administration (“FAA”), the Department of Justice (“DOJ”), the Federal Communications Commission (“FCC”), and the Department of Homeland Security (“DHS”) issued a joint interagency advisory on the use of technology to detect and mitigate unmanned aircraft systems (“UAS” or “drones”) by non-federal public and private entities. The disabling or destruction of a drone through physical force or electronic interference (such as jamming) is a federal crime. The joint advisory provides an overview of the federal laws and regulations that apply to various UAS detection and mitigation measures, which include not only criminal statutes enforced by DOJ, but also a range of laws and regulations administered by the FAA, FCC, and DHS. As detailed in the joint advisory, the use of technology to track and monitor UAS may have numerous legal consequences, even when no action is taken to disable or interfere with a UAS. Accordingly,…

On July 24, 2020, the Trump Administration announced a new policy (the “Updated UAS Policy”) on exports of US-origin unmanned aerial systems (“UAS”), also known as “drones.” The Updated UAS Policy follows the Trump Administration’s UAS policy reforms announced in April 2018 (“April 2018 UAS Export Policy”), which allowed exports of certain US-origin armed and unarmed UAS to occur via direct sales between US companies and foreign end users. Our previous blog post on the April 2018 UAS Export Policy is available here. The Updated UAS Policy does not change UAS export licensing requirements under the International Traffic in Arms Regulations or the Export Administration Regulations, but does remove a major restriction on exports of US-origin UAS. The Trump Administration’s new policy comes at a time when the UAS regulatory climate is undergoing rapid transformation. As previously discussed on Baker McKenzie’s UAS Insights blog, the Federal Aviation Administration is in…

The U.S. Department of Justice (“DOJ”) has issued guidance for the use of counter-unmanned aircraft systems (“C-UAS”) actions by federal law enforcement agencies, which are authorized by the Preventing Emerging Threats Act of 2018 (the “Act”).  The guidance establishes a process for the federal government to select facilities and assets that warrant protection with C-UAS technology, and sets forth the types of C-UAS actions that may be authorized.  UAS operators should stay apprised of these developments to ensure that their operations remain lawful and do not trigger C-UAS actions in response, and should look for opportunities to help shape C-UAS policies going forward. Under the Act, codified at 6 U.S.C. § 124n, the U.S. Attorney General may authorize federal law enforcement agencies to take certain actions to mitigate threats posed by UAS to particular assets or facilities identified by federal law enforcement agencies.  Id. § 124n(a).   To be covered under the Act,…

The Kansas Department of Transportation (KDOT) announced last week that it received approval from the FAA to conduct test flights with unmanned aircraft systems (UAS, or drones) at Wichita’s Dwight D. Eisenhower National Airport (ICT). KDOT will incorporate UAS to assist with obstruction analysis, foreign object detection, wildlife hazard management, and airfield emergency response. The UAS operations are part of the FAA’s UAS Integration Pilot Program, which is intended to accelerate the integration of UAS technology. KDOT is one of ten state and local government entities across the country selected by the U.S. Department of Transportation (DOT) to participate in the program. Between 2019 and 2021, participants in the program will collect data on advanced types of UAS operations that now require special authorization, such as operations over people, nighttime operations, and package deliveries. This data will aid the DOT and FAA in developing new rules to support more complex…

The U.S. Department of Transportation (DOT) announced earlier this month that the long-awaited Notice of Proposed Rulemaking (NPRM) on remote identification for unmanned aircraft systems (UAS, or drones) has been delayed for a third time. The NPRM is now projected to be issued in December 2019. Remote identification is the ability of a drone to transmit identifying information while in flight to other parties, such as the FAA, federal security agencies, and law enforcement. Current UAS regulations do not provide a way for federal and state authorities to determine a drone’s identification except by physically inspecting the registration number, which often is not possible. As a result, many UAS operations can be conducted anonymously, including those that violate the FAA’s regulations. Remote identification would greatly enhance the ability of state and federal authorities to respond when a drone is flown in an unsafe or unlawful manner. The FAA has described…