If DHS ordered FAA to require public broadcast of unencrypted signal, then I would like to know why and under whose authority?
I thought it might be related to warnings contained in the August 2020 Inter-agency Advisory that Brett found warning the public and government agencies that drone tracking or interception of signal may violate federal wiretapping law. The Advisory is linked below:
Well, here is a quote straight from the horse's mouth:
An example of a currently illegal, but highly effective technology is the ability to access signals being transmitted between a nefarious UAS and its ground controller to accurately geolocate and track both without false alarms, and potentially take over the control of the UAS and/or stop its ground operator without the use of kinetic measures.
Excerpt is from written testimony submitted to a Senate Committee on Homeland Security and Governmental Affairs hearing titled
“S. 2836, the Preventing Emerging Threats Act of 2018: Countering Malicious Drones” Release Date: June 6, 2018
Written testimony of I&A Under Secretary and OGC for a Senate Committee on Homeland Security and Governmental Affairs hearing titled “S. 2836, the Preventing Emerging Threats Act of 2018: Countering Malicious Drones”
Here are some more important passages:
DHS is in need of legislative authority to counter the growing threat posed by UAS. Specifically, DHS needs Counter-UAS (CUAS) authorities to detect, track, and mitigate threats from small UAS. Without this mandate, DHS is unable to develop and operate many types of CUAS technologies.
DHS and the Department of Justice (DOJ) need relief from Title 18 to allow us to use the most effective technology to counter the threat posed by UAS and to ensure that our law enforcement personnel are not criminally liable for using this technology.
What is Title 18 you ask? Literally every federal crime in the book:
https://uscode.house.gov/browse/prelim@title18/part1/chapter119&edition=prelim
Including the Wiretapping Law.
18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S. Code § 2512 - Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
www.law.cornell.edu
Now back to the written testimony:
I
f enacted, S. 2836 would authorize DHS and DOJ to conduct limited CUAS operations to identify, track, and mitigate drone threats. These authorities would apply to a narrow set of important and prioritized missions, and it would allow DHS and DOJ to protect Americans and our own personnel who perform law enforcement and protective missions.
Somehow we went from narrow and prioritized mission to protect federal facilities to mission of mass surveillance of every drone flight in the country.
An example of a currently illegal, but highly effective technology is the ability to access signals being transmitted between a nefarious UAS and its ground controller to accurately geolocate and track both without false alarms, and potentially take over the control of the UAS and/or stop its ground operator without the use of kinetic measures.
The DHS Privacy Office and the DHS Office for Civil Rights and Civil Liberties will work with CUAS practitioners, as appropriate, to ensure compliance and oversight of any CUAS activities.
Notice that the program is dubbed
Countering Malicious Drones. The program metastasized from narrow and prioritized mission to protect federal facilities from criminals to mission of mass surveillance of every drone flight in the country.
DHS wants public broadcast of unencrypted signal to avoid the federal wiretapping act. I bet a whole bunch of Aeroscopes and similar devices are being operated right now in blatant violation of state and federal law. At least that is what the federal government says.