Security vs. Privacy: Who Controls the Skies?

Senate Judiciary Committee convenes today to tackle growing drone threats, as officials and experts debate who should have the authority to take down suspicious unmanned aircraft.

At a Glance

  • Senate hearing explores expanding counter-drone authorities beyond just four federal agencies to include state and local law enforcement
  • Criminal organizations and cartels increasingly use drones for smuggling, surveillance of correctional facilities, and potential mass casualty attacks
  • U.S. Chamber of Commerce advocates for a pilot program to grant counter-drone capabilities to more entities while maintaining privacy protections
  • Current authorities granted to DOJ and DHS have required eight temporary extensions since 2018, highlighting need for permanent solution

Rising Drone Threats Prompt Congressional Action

The Senate Judiciary Committee is holding a critical hearing today at 10:15 a.m. ET focused on defending against drone threats and establishing safeguards for counter-unmanned aircraft systems. The hearing comes amid escalating concerns about drones being used for criminal activities, including smuggling operations at the southern border, surveillance of correctional facilities, and potential terrorist attacks on critical infrastructure and public gatherings.

Senator Chuck Grassley opened the hearing by highlighting how the threat landscape has evolved since 2018, when Congress first granted counter-UAS authorities to the Department of Justice and Department of Homeland Security. Despite the importance of these powers, they have required eight temporary extensions, demonstrating both their necessity and the challenges in creating permanent legislation that balances security needs with civil liberties.

Limited Authority Creates Security Gaps

A major focus of today’s hearing is addressing the security gap created by restricting counter-drone authorities to just four federal agencies. This limitation leaves many vulnerable facilities, infrastructure, and public events without adequate protection against drone threats. The U.S. Chamber of Commerce submitted a statement emphasizing that current restrictions prevent effective response to the increasing risks posed by malicious drone operators.

According to the Chamber’s statement, drone threats now extend to “critical infrastructure, sporting events, airports, and other sensitive facilities.” Criminal organizations have adapted quickly, using drones for activities ranging from contraband delivery into prisons to reconnaissance for criminal operations. Law enforcement witnesses are expected to share first-hand accounts of these challenges during the hearing, including video evidence that demonstrates “creative and disturbing” criminal applications.

Proposed Solutions and Safeguards

The U.S. Chamber of Commerce has recommended expanding detection and mitigation authorities through a pilot program that would include additional federal agencies, private sector entities responsible for critical infrastructure, and state and local law enforcement. This approach would allow for expanded protection while testing appropriate guidelines and oversight mechanisms.

The proposal emphasizes the need for “reasonable guardrails” to protect privacy, civil rights, aviation safety, and prevent spectrum interference. However, it also warns against creating bureaucratic obstacles that could hamper effective implementation of counter-drone measures when time-sensitive threats emerge. The balance between security capabilities and civil liberties protections remains a central consideration for committee members.

Industry and Law Enforcement Perspectives

Representatives from the drone industry have expressed support for clear rules and responsible counter-drone authorities. Their testimony highlights that legitimate drone operators want a well-regulated environment that distinguishes between lawful commercial and recreational use versus criminal applications. This distinction is crucial for an industry that contributes billions to the American economy while providing valuable services across multiple sectors.

State law enforcement officers participating in the hearing are expected to detail the frustrations of identifying drone threats but lacking legal authority to act. Without counter-drone capabilities, officers often must watch illegal drone operations in real-time without the legal means to disable the aircraft or identify operators. The committee will likely hear compelling examples of situations where expanded authority could have prevented criminal activities or protected public safety.

As drone technology continues to advance, the hearing underscores the need for a comprehensive, permanent framework that enables appropriate authorities to counter malicious drone use while preserving both the legitimate benefits of drone technology and fundamental civil liberties.