It is not clear why there have been so many drone sightings at night in the Northeast during the past month. People believe they are seeing increased drone activity, and these unexplained sightings upset them, which is hardly surprising. But we can change the policy on drones. What is happening now is not inevitable and does not have to become the new normal. Congress can regulate the skies to match voters’ preferences.
Coastal residents from Maryland to Connecticut have been reporting unusual lights floating in the night sky. The sheer number of these drones, sometimes reported to be in the thousands, has prompted hundreds of calls to law enforcement officials and elected representatives.
Drones have entered the airspace of a Coast Guard base on Staten Island, Army and Navy weapons facilities in New Jersey, and Trump National Golf Club in New Jersey. Last Friday, an airport in Orange County, New York, was forced to close after drones were seen over and near the runway.
Lawmakers from both sides of the aisle, including Sen. Richard Blumenthal (D-CT) and Reps. Chris Smith (R-NJ) and Jeff Van Drew (R-NJ), have called on the military to shoot drones down.
President Joe Biden’s administration has played down the incidents but not offered explanations other than to rule out foreign involvement. “We have no evidence at this time that the reported drone sightings pose a national security or public safety threat or have a foreign nexus,” the FBI and Department of Homeland Security said in a joint statement last week. National Security Council spokesman John Kirby said, “Many of the reported sightings are actually manned aircraft that are being operated lawfully.” But on Sunday, Homeland Security Secretary Alejandro Mayorkas told ABC News, “There’s no question that drones are being sighted.”
This week, Kirby acknowledged that drones are being sighted throughout the Northeast but told residents to get used to it. “We’re in a new ecosystem regarding unmanned aircraft in this country,” Kirby told Fox News. “Again, all legal and lawful and doing the right thing for the public good, but it’s a brand-new ecosystem.”
The drone activity may be technically lawful under current regulations, but that doesn’t mean it serves the public good or should be legal.
Drones are a relatively new technology, and the public is still working through how it wants them included in daily life. The federal government has been permissive of drone use and protective of drones themselves. Many people who value property rights and privacy would be surprised to learn that they have no recourse if a drone hovers over their property. Federal law makes it illegal to shoot it down.
There are more than 1.5 million drones registered with the Federal Aviation Administration for commercial and recreational use. As long as proper lighting is attached to most of these drones, they are permitted to fly at night. Considering how easy it is to obtain a drone license from the FAA, foreign actors can be assumed to be among the many drone owners operating freely in the United States.
There are some areas where drones are not allowed to fly, including around military installations and airports. But these are often unequipped to destroy or otherwise deal with drones that violate their airspace. Even when drone operators break the law, they often get away with a fine and a slap on the wrist. That is not enough.
The Biden administration has used drone incidents to push for a reauthorization of FAA counterdrone programs. Congress should give the FAA, DHS, and local law enforcement more tools to identify, track, and neutralize drones.
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But Congress should also reconsider the FAA’s light-touch regulation of drones. What are the benefits of such widespread drone use? There may be many. Is it worth the cost of lost privacy and safety? Should drones be allowed to fly at night, considering the fear and confusion they cause?
These are questions Congress should answer. It should remember the anger and uncertainty caused by drones this month when it legislates.