An important update that many have anticipated is here: the language pertaining to the NDA has been released. While there is currently no outright ban on DJI and Autel, the language in the ACT raises significant concerns. Within a year of the NDA’s enactment, an appropriate National Security Agency must conduct an investigation to ascertain whether DJI and/or Autel drones pose a risk to national security.
What follows is particularly noteworthy. If the investigation is not completed, or if it reveals that DJI and Autel do indeed pose a threat, these drones will be added to the FCC’s covered list. This list effectively prohibits the entry of new drone models from DJI or Autel into the United States, even though they may continue to be sold elsewhere globally.
The term “appropriate National Security Agency” refers to agencies such as the Department of Homeland Security, the Department of Defense, the Office of the Director of National Intelligence, the National Security Agency, and the FBI. One of these entities is responsible for this investigation. Should it be determined that these drones do not represent a national security threat, the other relevant national agencies will have 180 days to review and submit a report regarding their findings.
It is positive that a ban is not currently in place, which is what many have been awaiting. However, the inclusion of this time-sensitive provision, which could trigger an automatic ban, is concerning. Without any definitive proof of wrongdoing, these agencies could delay action for a year, resulting in an automatic prohibition against DJI and Autel, which raises serious questions about due process.
The rationale for such a response is puzzling, particularly when considering the historical inefficiencies of government agencies. It is crucial to note that for years, we have been assured of definitive proof regarding the concerns involving these companies, yet it appears we now require a formal investigation to uncover this alleged evidence.
We will continue to monitor this situation; changes are ongoing. As of Friday, 12-13-24, when this message is being authored, the NDA bill has been passed in the House, and we are currently awaiting the final signature from the Senate. More updates will follow as they become available.
