Kiggans Cracks Down on Drone Surveillance of U.S. Defense Sites

WASHINGTON, DC – Yesterday, Congresswoman Jen Kiggans (VA-02) introduced the Drone Espionage Act, a bill that protects our national security by making it illegal to take drone video footage of national defense sites. Specifically, this bill would update the Espionage Act of 1917 to include videography of sensitive national defense sites as a crime. This bipartisan legislation, introduced alongside Congressman Don Davis (NC-01), would ensure those who take video, particularly using a drone, can be punished under the Espionage Act with a fine, 10 years of imprisonment, or both.

“As a Navy veteran who represents of one of the most military-heavy districts in the country, I know how critical it is to safeguard our national defense infrastructure and protect sensitive national security information,” said Congresswoman Kiggans. “A key step in achieving those protections is to ensure individuals cannot use drone videography to spy on our national defense sites. I am proud to introduce the bipartisan Drone Espionage Act to hold these bad actors accountable, impose serious repercussions, and protect our national security. As China and other adversaries ramp up threats and increase their drone usage, we must send a clear message that we will not tolerate unlawful surveillance on American soil.”

“As our adversaries attempt to gain unauthorized access to aerial footage of sensitive military sites, Congress must take action,” said Congressman Davis. “We need a common-sense approach to protect our military installations and safeguard classified information.”

You can find the full text of this bill here.

You can find a one pager on this bill here.

Background:

• Drones are increasingly used by America’s adversaries, particularly China, to capture video of sensitive national defense sites.

• It is already illegal under the Espionage Act to take photos of national defense sites, but the statue makes no mention of videography.

• This bill ensures those who take video, particularly using a drone, can be punished under the Espionage Act with a fine, ten years imprisonment, or both.

• Federal prosecutors have successfully prosecuted several foreign agents using the Espionage Act, and this gives them a tool to directly prosecute foreign agents who use drone videography.

• The Drone Espionage Act updates the Espionage Act of 1917 to include videography of sensitive national defense sites as a crime.

• This legislation amends Sec. 793 of the Espionage Act by adding “video” to the list of criminal information-gathering means by those seeking to harm the national defense.

• A “sensitive national defense site” is defined as a vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense.

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