Drone Threats: Deter, Detect, Respond … Implement?
*Updated Dec 2024
Drones, an increasing threat in today’s world – the resources, links and webinars below are compiled to help us be more aware of what we can do to deter, detect and respond to drone threats, and even some resources on implementing them into your security program.
If a drone is flying over your property, there are several legal steps you can take depending on the situation and applicable laws. It is essential to understand your rights and the limitations of those rights when it comes to drones and airspace.
Unfortunately, there are no true “counter” drone capabilities currently (legally) available for civilians. There are only drone awareness tools which can be helpful, but nothing near where we (security professionals) want them to be for this purpose. Nevertheless, we have compiled some helpful information regarding what we can do about drones below.
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Understand Airspace Rights
Property owners have limited rights to the airspace above their land. While the Federal Aviation Administration (FAA) regulates national airspace, property owners typically have control over airspace necessary for the reasonable use and enjoyment of their land (usually up to 400–500 feet above ground). Drones flying at very low altitudes may infringe on your property rights, depending on state laws.
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State and Local Laws
Many states have specific drone laws that address privacy, harassment, and property rights. If a drone is flying over your property:
•Privacy Concerns: If the drone is taking photos or videos without your consent, it may violate privacy laws.
•Harassment or Stalking: Repeated drone flights targeting your property could qualify as harassment or stalking under local laws.
•Nuisance: If the drone is causing excessive noise or disturbing your peace, it could be considered a nuisance.
You can check specific state laws using resources like:
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Document the Incident
Before taking further action, gather evidence to support your claim. Use your phone or camera to record the drone’s activity, note the time and duration of the flights, and try to identify the operator if possible. Most drones are required by the FAA to display a registration number, which may help you trace the operator.
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Report to Authorities
If the drone is creating a safety issue, harassing you, or violating your privacy, you can report it:
1.Local Law Enforcement: Contact your local police department to file a complaint. They may investigate if state laws have been violated.
2.FAA: You can report unsafe or unauthorized drone operations to the FAA through their DroneZone platform:
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Legal Remedies
If reporting the incident doesn’t resolve the issue, you may consider legal action:
•Trespassing: In some states, drones flying at low altitudes over private property may be considered trespassing.
•Invasion of Privacy: If a drone captures images or video of you or your property without consent, you could sue for invasion of privacy.
•Nuisance Claims: Excessive noise or repeated disruptions caused by a drone could be grounds for a nuisance lawsuit.
Consulting with an attorney who specializes in property or privacy law is a good idea to explore your legal options.
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What Not to Do and Why
When dealing with drones over your property, there are certain actions you should avoid:
•Do Not Shoot Down the Drone: Shooting down a drone, even if it is over your property, is illegal under federal law. Drones are considered aircraft, and destroying one could lead to federal charges, fines, and even imprisonment.
•Do Not Use Signal Jammers: Jamming a drone’s signal is prohibited under Federal Communications Commission (FCC) regulations. Signal jamming interferes with licensed communications and can lead to significant penalties.
•Do Not Physically Interfere: Attempting to capture, disable, or damage a drone (e.g., using nets or other devices) may lead to legal consequences, including liability for damages.
Taking these actions could escalate the situation unnecessarily and place you at risk of legal repercussions. Instead, focus on lawful methods such as documenting the incident and reporting it to the appropriate authorities.
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Additional Measures
Technology like drone detection systems can alert you to drone activity, though using devices that jam signals or interfere with drones is illegal under federal law. Similarly, shooting down a drone, even if it’s over your property, is considered destruction of federal property and can result in criminal charges.
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Final Considerations
The best course of action often involves a combination of documenting the incident, reporting it to the authorities, and pursuing legal action if necessary. By following these steps, you can protect your property and privacy while remaining within the bounds of the law. For more detailed information on drone laws and your rights, visit:
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Drone Resources and Links:
Addressing Drone Threats & Countermeasures for Executive Protection Professionals
https://www.epnexus.com/executive-protection-blog/executive-protection-drone-threats-and-countermeasures
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How to Protect and Against Drone Threats
https://www.wwt.com/all-blog/how-to-protect-against-drone-threats/
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Before You Pull the Trigger: The Legal Implications of Shooting Down a Drone
https://www.securitymagazine.com/articles/88696-before-you-pull-the-trigger-the-legal-implications-of-shooting-down-a-drone
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Timeline of Counter-Drone Activity in the US Government
https://www.securitymagazine.com/articles/88294-timeline-of-counter-drone-activity-in-the-us-government
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What to Do About Drones: Detect, Identify, Respond
https://www.securitymagazine.com/articles/87507-what-to-do-about-drones-detect-identify-respond
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When Can the Government Shoot Down Civilian Drones?
https://slate.com/technology/2018/10/preventing-emerging-threats-act-faa-shooting-drones.html
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Webinar: Intro to Dedrone’s Airspace Security Platform
https://m.youtube.com/watch?v=odJr-4Vn_ug
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Webinar: Drones and Security, ASIS
https://www.asisonline.org/professional-development/webinars/drones-and-security/
Webinar: 25 Steps to Launching a Drone Program
https://www.dartdrones.com/security-drone-webinar-july-2017/
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These links will provide a detailed overview of drone regulations for all 50 states.
1.Drone-Laws.com
2.UAV Coach
3.World Population Review
4.The Drone U
5.FindLaw
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Joseph M. LaSorsa, CPP® is currently a senior partner managing and conducting: Protective Operations Training Courses, Executive Protection & Bodyguard Services, Risk Management Consultations & Seminars, Security Expert Witness Testimony, Workplace Violence Prevention Seminars & Intervention Services, Security Consultations & Seminars, Private Investigations and Technical Surveillance Counter-Measures with LaSorsa & Associates – an International Protection, Investigations & Consulting Firm.
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