U.S. attorney general highlights ‘new threat’ to security from drones

WASHINGTON (Reuters) – U.S. Attorney General William Barr on Monday issued guidance to Justice Department agencies on the use of protective measures against drones, including the destruction of any that pose a threat to national security.

Congress in 2018 gave the Justice and Homeland Security departments new powers to disable or destroy any threatening drones, which can compete with satellites as modern day spies in the sky, after officials raised concerns about their use as weapons.

The United States ranks among the world leaders in drone warfare after employing the technology widely in countries including Afghanistan.

Barr, in a statement, said the guidelines issued Monday “will ensure that we are positioned for the future to address this new threat, and that we approach our counter-drone efforts responsibly, with full respect for the Constitution, privacy, and the safety of the national airspace.”

The guidance says the FBI, Drug Enforcement Agency, Bureau of Prisons and other Justice Department agencies can intercept communications from a threatening drone or destroy it without prior consent. It also details how agencies “may seek approval for the use of counter-drone technologies and request designation of facilities or assets for protection.”

Justice Department agencies under certain circumstances may maintain records of communications intercepted from drones for up 180 days, the guidance says.

In a reference to the downing, destruction or disabling  of any threatening drones, the guidance says agencies must work with the Federal Aviation Administration and conduct a risk-based assessment to examine the impact of operations on the national airspace. That “includes potential effects on manned and unmanned aircraft, aviation safety, airport operations and infrastructure, and air navigation services.”

Agencies, the guidance adds, “should consider and be sensitive at all times to the potential impact protective measures may have on legitimate activity by unmanned aircraft and unmanned aircraft systems, including systems operated by the press.”

More than 1.5 million drones have been registered with the Federal Aviation Administration and they are flown by more than 160,000 certified remote pilots.