DEFENSE Act: Local Cops Could Get Power to Neutralize Drones at Big Events

The "Disabling Enemy Flight Entry and Neutralizing Suspect Equipment Act," or DEFENSE Act, proposes an update to federal law that could significantly change how drone security is handled at public events. In a nutshell, this bill would amend Section 210G of the Homeland Security Act of 2002, giving the Secretary of Homeland Security or the Attorney General the green light to authorize state or local law enforcement officers to use drone countermeasures. This means equipping local police with technology to detect, track, or even disable drones deemed a threat near specific protected events and locations.

Who Gets the Anti-Drone Toolkit and Where?

So, who exactly gets these new powers and under what circumstances? The DEFENSE Act specifies that this authority isn't a free-for-all. State or local law enforcement could only be deputized to use drone countermeasures to protect very specific types of sites. We're talking about locations that already have flight restrictions, such as those covered under section 521 of division F of the Consolidated Appropriations Act, 2004. It also includes "large public gatherings" as described in section 44812(c) of title 49, United States Code – think major concerts, championship games, or large festivals – and any public gatherings protected by temporary flight restrictions issued by the FAA (under section 40103(b) of title 49, USC). So, if you're flying your drone in your backyard, this likely won't affect you, but it could be a different story near a stadium on game day.

Training, Approved Tech, and Federal Eyes

It's not as simple as handing out new gadgets. The bill stipulates that any state or local officer using these drone countermeasures must complete "specific training." What that training entails isn't fully detailed, but it's a required step. Furthermore, the equipment itself – anything used for drone detection, identification, monitoring, or tracking – must come from an "approved list." This list would be maintained by the Department of Homeland Security, working alongside the Department of Justice, the FAA, the FCC, and the National Telecommunications and Information Administration. The idea is to ensure the tech is vetted. Federal oversight is also built in, with the Secretary of Homeland Security or the Attorney General, along with the Secretary of Transportation and the FAA Administrator, tasked with overseeing how this new authority is used.

Safer Events vs. Potential Sky-High Snags

On one hand, this could mean an extra layer of security at crowded public events. If a suspicious drone appears over a packed concert, local law enforcement might have a way to deal with it directly. This could enhance public safety by giving authorities tools to counter potential airborne threats. However, the bill does raise some practical questions. While authorization comes from top federal officials, the exact conditions for granting this power to local agencies aren't spelled out in detail, leaving room for interpretation. For drone operators, both recreational and commercial, this could mean new uncertainties. Even if flying legally near an authorized zone, there's the potential for your drone to be misidentified or affected by countermeasures. The bill mentions oversight, but the specifics of how accountability will work at the local level and how potential misuse will be prevented are areas that will need careful attention. It's a balance between bolstering security and ensuring these new powers are used responsibly and don't inadvertently ground legitimate drone activities or raise privacy concerns from increased aerial monitoring.