Last August, the Department of Justice (DOJ), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), and Federal Communications Commission (FCC) issued an advisory guidance document to help non-federal public and private entities navigate the laws and regulations related to Unmanned Aircraft Systems (UAS), commonly referred to as drones, mitigation and detection technology. The advisory references various federal provisions and laws that could render such technology illegal to use but does not cover state and local laws that might also be relevant.
The advisory states radar, electro-optical, infrared, and acoustic detection systems are less likely to pose concerns under federal criminal surveillance statutes. However, Radio Frequency (RF) based systems may implicate these statutes. This should not rule out RF-based systems as an option, though, because among other unique benefits, they are the only type that can reliably detect the drone’s pilot (controller), and there are existing technologies that don’t violate the referenced statutes.