Drone on Drones: Recent Crashes Raise Public Awareness of Security Threat From Drones

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Two drone crashes in recent weeks have raised public safety concerns, as law enforcement and national security agencies grapple with how to prepare for — and respond to — illicit uses of unmanned aerial vehicles.

On Jan. 20, a California-bound drone laden with six pounds of crystal meth crashed into the side of a supermarket in Tijuana. The unmanned aircraft had six propellers and a powerful lithium battery, but the $48,000 in narcotics was nevertheless too much for the drone to carry. As U.S. Customs and Border Patrol increased security at the U.S.-Mexico border in recent years, Mexican drug cartels have employed increasingly hi-tech means of transporting narcotics and weapons into the United States.

In a separate incident, an off-duty and reportedly drunk employee of a United States intelligence agency crashed a quadcopter drone into the grounds of the White House. While the White House is equipped with radar designed to warn of larger incoming threats, such as manned aircraft or missiles, the lightweight drone evaded detection. Instead, an on-duty officer at the White House spotted the drone, but was unable to stop its flight path. While this incident appears to have posed no threat to the executive family, the breach reveals a vulnerability in the Secret Service’s ability to secure federal facilities.

The drones in both instances were manufactured by SZ DJI Technology, a Chinese manufacturer. In response to the incidents, DJI has announced that it intends to send a firmware update that, if downloaded, would prevent DJI drones from taking off within the restricted flight zone that covers much of Washington, D.C. Additionally, SJI plans to update its firmware to disable drone flights across national borders. The efficacy of this is unclear, as existing users of the drones can choose not to download the updates, though all drones sold in the future will come with the new no-fly zone firmware installed.

The above incidents, occurring only six days apart, highlight public safety concerns unique to drones — even prompting the FAA to issue a warning about potential penalties relating to no-fly rules for this weekend’s Super Bowl. While manned vehicles are inherently large, and therefore easy to track, target and intercept, drones are, by nature, small and relatively quiet. As the FAA finalizes its drone rulemaking process later this year, these events underscore the task that lies ahead for law enforcement and national security agencies. While the drone industry is one in desperate need of a regulatory structure, law enforcement will nevertheless have to prepare for inevitable unlawful uses of drones that continue long after the FAA releases its rules.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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