(The Center Square) – Taking video footage of military bases using a drone could land some in hot legal water if proposed bipartisan legislation becomes law.
The Drone Espionage Act, introduced by Reps. Jen Kiggans, R-Va. and Don Davis, D-N.C., in the U.S. House of Representatives would update the Espionage Act of 1917, criminalizing drone video footage of “sensitive national defense sites” punishable by fine, 10 years of imprisonment or both.
By law, it is illegal to take photos of national defense sites; however, it fails to mention video, leaving sites vulnerable to foreign adversaries. The representatives say there has been a rise in drones being used by countries like China to “capture” video footage of sensitive sites.
The lawmakers say “federal prosecutors have successfully prosecuted several foreign agents” under the existing Espionage Act, and that passing the legislation would provide prosecutors the ability to prosecute “foreign agents” for using drone videography over sensitive sites.
While the legislation directly identifies the potential restrictions of “drone videography” over national defense sites, it doesn’t specify a complete restriction of drone usage over the sites. The Federal Aviation Administration says drones are restricted over “designated national security sensitive facilities; and certain military bases.”
The congresswoman, a Navy veteran, represents one of the largest “military-heavy” districts in the nation, and says it is essential to national security to “safeguard” national defense infrastructure and national security. Davis is a veteran of the Air Force and comes from a state with six major military installations.
“A key step in achieving those protections is to ensure individuals cannot use drone videography to spy on our national defense sites,” Kiggans said. “I am proud to introduce the bipartisan Drone Espionage Act to hold these bad actors accountable, impose serious repercussions, and protect our national security. As China and other adversaries ramp up threats and increase their drone usage, we must send a clear message that we will not toleration unlawful surveillance on American soil.”
Last fall, “mysterious” drone sightings up and down the East Coast highlighted concerns they were being used by foreign adversaries to spy on Americans, especially near military bases. The Pentagon and the White House later confirmed the drone sightings flew with government authorization, quashing the notion that the sightings were attributed to foreign adversaries.
