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.
Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems
Fuentejustice.gov
Fecha de publicaciónagosto, 2020
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