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Counter-Drone Technology Coming to Your Town

calendar_today January 5, 2026 person Mark E. McKinnon domain fox-rothschild

Enhanced counter drone technology will soon be coming to state, local and tribal law enforcement. As many of you are aware, the Justice Department’s Office of Legal Policy issued a legal interpretation a number of years ago stating that a wide array of drone detection technology might violate federal law. In particular, the legal opinion raised an argument, without resolving it, that state and local law agencies using this technology may be violating the Wiretap Act, the Pen Register Act, and the Computer Fraud and Abuse Act, which are criminal felony statutes.

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