As reported by ESPN on February 20, the NFL, MLB, NCAA & NASCAR have all signalled their support for the Disabling Enemy Flight and Neutralizing Suspect Equipment (DEFENSE) Act.
Introduced by Sen. Tom Cotton (R-Arkansas) & Sen. Jacky Rosen (D-Nevada), the bill would give local and state law enforcement the ability to disable drones during sporting events.
WHAT’S THE THREAT?
This follows the drone incursion that caused the suspension of play at an NFL game between the Steelers and the Ravens last month. While this incident only caused a disruption in play, it could’ve been a lot worse. As bill co-author Sen. Cotton noted:
“We can’t take the risk of fan lives because some of these drones can be equipped to carry explosives or most chillingly can be equipped with some kind of biological weapon.”
Under current regulations the ability to deter this threat sits exclusively with the federal government. This means fans attending an event with default federal presence (such as The Super Bowl) are likely better protected than those attending their local game.
HOW WOULD IT CHANGE STADIUM SECURITY ?
The bill would allow DOJ/DHS to deputize a law enforcement agency to disable drones flying over sporting events. This authority would supersede existing federal laws prohibiting their use of the required tactics and techniques.
This would mean that rather than having to call the federal government, the law enforcement officers on scene could immediately respond to the drone threat themselves.
Noticeably, the bill’s current list of suggested authorized equipment relates to technologies capable of “unmanned aircraft system detection, identification, monitoring, or tracking” drones. This does not include technologies that could actually take drones out of the sky. As noted by Tom Adams, Former FBI & Current Director of Public Safety at DroneShield, this seems like a perplexing omission.
WHAT HAPPENS NEXT?
Assuming the language is amended to include mitigation technologies and if subsequently enacted, the bill would represent a significant shift to the current landscape. As it stands, only a handful of federal agencies (DHS, FBI, DOJ, DOD & FAA) are authorized to use drone mitigation technologies in any scenario.
Emphasis on “if”. The “Safeguarding the Homeland Threats Posed by Unmanned Aircraft Systems Act of 2023” legislation introduced in May 2023 is currently the Senate’s most supported C-UAS bill. It has 30 Cosponsors, which although not bad, remains nowhere near passage. It seems the DEFENSE Act might have a tough road ahead.
As the threat posed by drones continues to stare lawmakers in the face, it is likely that we will see more legislation designed to tackle it. Whether any of it takes force remains to be seen.
