Drone Law Blog of Robert E. Kelly, Esq.: RESTORING AMERICAN AIRSPACE SOVEREIGNTY - EXECUTIVE ORDER ISSUED JUNE 6, 2025 - HIGHLIGHTS, PART THREE
AI Analysis
A June 6, 2025 Executive Order issued by President Trump aims to enhance US airspace sovereignty by improving drone detection, tracking, and identification capabilities. The EO directs revisions to the 2020 Advisory on drone mitigation technologies and mandates real-time access to drone identification data for law enforcement and agencies, balanced with privacy considerations.
Key Takeaways
- The Executive Order prioritizes addressing the perceived threat of unauthorized drone flights to public safety and national security.
- Section 7 of the EO focuses on expanding authorities for detecting, tracking, and identifying drones and their signals.
- The Attorney General, Secretary of Transportation, Secretary of Homeland Security, and FCC Chairman have 30 days to revise the August 2020 Advisory.
- The FAA Administrator has 60 days to provide automated real-time access to UAS remote identification data to relevant agencies (including SLTT - State, Local, Tribal, and Territorial) with privacy safeguards.
- The 2020 Advisory provided guidance to non-federal entities on legal aspects of drone detection and mitigation.
Why It Matters
This EO signals a significant policy shift towards more proactive drone monitoring and control within US airspace. Increased data sharing and expanded authorities for detection/tracking will likely lead to increased investment in counter-UAS technologies and potentially impact privacy debates surrounding drone usage. This is a clear indication of escalating concerns regarding the potential misuse of drones and a move to assert greater control over the national airspace.
Drone Law Blog of Robert E. Kelly, Esq.: RESTORING AMERICAN AIRSPACE SOVEREIGNTY - EXECUTIVE ORDER ISSUED JUNE 6, 2025 - HIGHLIGHTS, PART THREE
The Restoring American Airspace Sovereignty Executive Order was issued by President Trump on June 6, 2025. See here. The purpose of the Executive Order (EO) was to address the perceived threat offered by Uncrewed Aircraft Systems (“UAS” or “drones”) to potentially endanger public safety through unauthorized drone flights and to ensure American sovereignty over its skies and that its airspace remains safe and secure.
The following is Part Three of a summary of provisions of particular interest with respect to drone law in the EO.
Section 7 of the EO, entitled “Detection, Tracking, and Identification of Drones and Drone Signals”, provides that:
(a) To the extent permitted by law and consistent with the Fourth Amendment, executive departments and agencies shall use all available existing authorities to employ equipment to detect, track, and identify drones and drone signals.
(b) Within 30 days of the date of this order, the Attorney General, the Secretary of Transportation, the Secretary of Homeland Security, and the Chairman of the Federal Communications Commission shall revise the August 2020 “Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems” to reflect relevant developments in Federal law and regulations addressing drones.
(c) Within 60 days of the date of this order, the Administrator of the FAA shall provide, to the extent permitted by law, including the Privacy Act of 1974 (5 U.S.C. 552a), automated real-time access to personal identifying information associated with UAS remote identification signals to appropriate executive departments and agencies and SLTT agencies for the purposes of enforcing applicable Federal or State law, with appropriate national security and privacy safeguards.
The revision of the above-referenced Advisory to allow executive departments and agencies to use all available existing authorities to employ equipment to detect, track, and identify drones and drone signals, as well as to reflect relevant developments in Federal law and regulations addressing drones, is necessary for several important reasons.
Background.
On August 17, 2020, The Federal Aviation Administration (FAA), Department of Justice (DOJ), Federal Communications Commission (FCC), and Department of Homeland Security (DHS) issued an advisory guidance document (“August 2020 Advisory”) to assist non-federal public and private entities to better understand the federal laws and regulations that may apply to the use of technical tools, systems, and capabilities to detect and mitigate Unmanned Aircraft Systems (UAS).
The August 2020 Advisory indicates that it is intended to provide an overview of various provisions of the U.S. criminal code enforced by DOJ, as well as federal laws and regulations related to aviation safety and