Jesús Romero, William Acosta, and Steve Tochterman for Poder & Dinero and FinGurú
Introduction
The proliferation of drones in the United States has reached alarming figures, with over 1 million units registered by the Federal Aviation Administration (FAA) and more than 3 million in total across the country. This phenomenon has raised growing interest and concern among the population, especially in states like New York (NY) and New Jersey (NJ), where frequent sightings and drone-related activities have been reported. This article delves into the use of drones, existing regulations, security concerns, and the phenomenon of collective hysteria surrounding their use, as well as the bureaucratic dynamics influencing their monitoring and regulation.
Part of the problem and confusion is that the Federal Aviation Administration (FAA) defines drones as "aircraft," meaning their use and operation are subject to FAA regulations. Because a drone is defined as an aircraft, the same laws against shooting at an aircraft apply. This is important because many individuals have been arrested and prosecuted by federal and state law enforcement for shooting at drones. Additionally, states and many counties and municipalities have codified statutes and/or regulations for the use of drones, further complicating and confusing drone operations. But ultimately, it is the FAA, the primary agency that regulates airspace and civil aviation, including recreational and commercial drone operations. Thus, the operations of "aircraft" in the United States are the responsibility of the FAA.
The Use of Drones in New York and New Jersey
Recreational and commercial use: In NY and NJ, drones are used for both recreational and commercial purposes. Drone enthusiasts use these devices for aerial photography, video recording, and urban landscape exploration. In turn, companies in sectors such as construction, agriculture, and goods delivery have begun to adopt drones as key tools to improve efficiency and reduce costs.
Public events and sports: Drones have found their place in public events, sports, and entertainment. Drone competitions and light shows have gained popularity, attracting crowds and generating media interest. However, the concentration of people at these events has also led to increased surveillance and regulation concerning the use of drones.
Drone Regulation: The Role of the FAA
The FAA is the authority responsible for regulating airspace in the United States, and its role becomes more critical as drone use increases. Through the implementation of specific rules and regulations, the FAA seeks to ensure the safety and efficiency of air operations:
- Registration and licenses: The FAA requires all heavy drones and those used for commercial purposes to be registered. Additionally, drone pilots must obtain licenses and follow specific guidelines to operate their devices.
- No-fly zones: The FAA has established no-fly zones around airports, military facilities, and sensitive areas, limiting drone operations in these regions and seeking to prevent security incidents.
- Education and public awareness: The FAA conducts awareness campaigns to educate the public about drone regulations, emphasizing the importance of safety and respect for others' privacy.
Collective Hysteria and Safety Concerns
As drone sightings have become more common in NY and NJ, there has also been a growing collective hysteria and safety concerns. Several factors contribute to this reaction:
- Unusual sightings: Reports of drones flying in densely populated urban areas, near government facilities, and public events have generated alarm. The perception that these drones may be spying or collecting data has fueled fears among the population.
- National security implications: Most drones are of Chinese manufacture, raising concerns about the potential infiltration of unsafe technology. There is fear that drones operated by malicious actors may be used for espionage, terrorist attacks, or criminal activities.
- Reported incidents: There have been documented cases of drones interfering with commercial aircraft operations, leading the FAA to take stricter measures. These incidents have fueled the narrative that drones pose a significant threat to air security.
- Community reactions: Community groups and advocacy organizations have begun demanding stricter regulations and oversight regarding drone use. Concerns about privacy and safety have led to calls for action aimed at establishing a stronger legal framework for drone operations in urban areas.
Accountability Dynamics and Bureaucracy
A critical aspect that has emerged in the conversation about drone regulation is the lack of clarity regarding which government agency is responsible for monitoring their activities. U.S. government agencies have begun to blame each other, reflecting a lack of coordination and a fragmented approach to the regulation and oversight of drones. This confusion not only hinders the ability to identify and monitor suspicious activities but also increases public anxiety about safety.
- Shared accountability: The absence of a clearly designated agency responsible for drone oversight has led to a situation where multiple entities, from the FAA to the Department of Homeland Security (DHS), are trying to address the issue. This fragmentation can result in inefficient efforts and an inability to take effective action.
- Government statements: Amid this confusion, the government has tried to assure the public that there is nothing to worry about and that there is no foreign threat behind drone activity in the Northeast U.S. However, this assertion seems more an attempt to calm the population than an honest assessment of the situation. The administration is aware that the problem does not come from an external threat, but from bureaucratic deficiencies in the regulation and enforcement of existing laws.
Examples of Drones Flying Near Critical Facilities
In the past three years, there have been several documented incidents of drones flying near or over military installations, airports, and nuclear plants in the United States and elsewhere in the world. Below are some highlighted examples:
- Drones at military installations: Unidentified drone sightings were reported over Fort Bragg, one of the largest military bases in the U.S. Military authorities expressed concerns about safety and privacy, leading to increased surveillance and patrols to identify the source of the drones. In December 2020, a drone was spotted over Edwards Air Force Base, used for military flight testing. This incident led to an investigation into the origin of the drone and its intentions, highlighting the vulnerability of military installations to drone incursions.
- Drones at airports: In October 2020, a drone was reported flying near Newark International Airport, leading to a temporary disruption of some air operations. The FAA investigated the incident, underscoring the growing concern about airport safety and the possibility of collisions with commercial aircraft. Although this incident occurred slightly beyond the three-year frame, it is relevant to mention the Heathrow case, where a drone was spotted near the airport in December 2018, leading to flight suspensions. This event sparked significant debate about airport safety concerning drones.
- Drones at nuclear plants: In 2021, a drone was reported flying over the Diablo Canyon nuclear plant, raising concerns about nuclear safety and the protection of critical infrastructure. The U.S. Nuclear Regulatory Commission (NRC) reviewed security protocols to address such incidents. In 2020, a drone was spotted flying near the Indian Point nuclear plant, provoking an immediate security response. This incident highlighted the need for stricter security measures to protect nuclear facilities from potential threats.
The Drone War in Russia and Ukraine
Technology is drastically reshaping the way war is fought on the battlefield. There is no doubt that drone technology is clearly advancing how war is conducted and how soldiers are adapting to this rapidly evolving technology. Battlefield imagery has clearly redefined the use of drones, from surveillance systems to locating and destroying battle tanks and warships, as well as locating and eliminating soldiers. There is no doubt that this technology has changed the capabilities of contemporary warfare, but more importantly, what could be the implications of drone operations in the United States? It is highly likely that the U.S. military, security agencies, and regulatory agencies are closely observing drone operations regarding their use and employment in the United States. The concern is significant. More importantly, we must consider how to defend our homeland against drone operations and attacks in the hands of criminals, but also against highly adaptable adversaries.
Conclusions:
These examples demonstrate the growing challenge that drones pose to the security of critical facilities, such as military bases, airports, and nuclear plants. The proliferation of drones, along with the lack of a clear and effective regulatory framework, has led to an increase in unauthorized sightings in sensitive areas, raising serious concerns about national security and the protection of critical infrastructure. Authorities continue to work on developing mitigation and regulation strategies to address these emerging risks.
The presence of drones in the airspace of the East Coast of the United States, particularly in New York and New Jersey, presents significant challenges and opportunities. While drones offer benefits in terms of efficiency and new applications, they also raise concerns about safety and privacy. The FAA plays a crucial role in regulating these aircraft, but the growing collective hysteria and safety concerns require a proactive and collaborative approach among authorities, communities, and manufacturers. Additionally, the confusion regarding responsibilities and bureaucratic dynamics must be addressed to ensure effective oversight. As drone technology continues to evolve, it is essential to establish a solid regulatory framework that guarantees safe and responsible use while mitigating the risks associated with their increasing presence in U.S. airspace.
As we look toward the future in the regulation of drone operations in the United States and in preventing another panic scenario driven by hysteria, it is likely that the U.S. government will lead a working group of private entities, including U.S. and foreign drone manufacturers, to address some of these issues. In light of the drone hysteria in the Northeast, it is plausible that many of the issues we are seeing evolve in the U.S. government response have already been addressed, but no actions or changes were taken due to the existing bureaucracy in our government today. The truth is that the FAA has struggled to keep up with the explosion of drone technology in the United States. The FAA simply does not have the personnel or field experience to provide adequate oversight and enforcement.
Credits:
- Federal Aviation Administration (FAA)
- Department of Homeland Security (DHS)
- U.S. Nuclear Regulatory Commission (NRC)
- The New York Times
- The Washington Post
- The Wall Street Journal
- USA Today
- Los Angeles Times
- Newark Star-Ledger
- New York Post
- The Philadelphia Inquirer
- The Boston Globe
- Drone DJ (specializing in drone news)
Jesús Daniel Romero became an officer through the Navy's Enlisted Program, and graduated with honors from theNorfolk State University and received a Bachelor’s degree in Political Science. Subsequently, he graduated from the Naval Aviation Command's Pre-Flight Indoctrination Course and continued intermediate training in the VT-10 and VT-86 squadrons. He served aboard a nuclear missile cruiser, amphibious operations ships, and staff squadrons, a fixed-wing attack bombing squadron, and a carrier air wing, deployed to Libya, Bosnia, Iraq, and Somalia. He served tours with the Defense Intelligence Agency (DIA) in Panama, the Joint Intelligence Center Pacific in Hawaii, and the Joint POW/MIA Accounting Command. Jesús and his team successfully targeted an international criminal organization operating in several countries and the United States, dismantling and disrupting criminal activities on behalf of Mexican cartels.
William L. Acosta is the founder and CEO of Equalizer Private Investigations & Security Services Inc., a licensed and bonded investigative agency in NYS, FL. With offices and affiliates worldwide. Equalizer maintains offices and subsidiaries in the United States in New York, Florida, and California. Since 1999, Equalizer’s investigations have successfully closed hundreds of cases, ranging from homicides, missing persons, and other crimes. He has been involved in the criminal defense of hundreds of state and federal cases, ranging from homicide, narcotics, RICO, money laundering, conspiracy, and other federal and state charges. He specializes in international and multijurisdictional investigations and in recent years has conducted investigations in Germany, Italy, Portugal, Spain, France, England, Mexico, Guatemala, El Salvador, Honduras, Panama, Colombia, Venezuela, Argentina, Bolivia, Ecuador, Peru, Brazil, Puerto Rico, the Dominican Republic, among other locations. He has led or coordinated hundreds of investigations related to international drug trafficking, money laundering, and homicides; and has been an instructor and international speaker on various investigative topics. Specialties: Criminal Defense Investigations, International Investigations, Homicides, Undercover Narcotics Operations, Investigations, Asset Forfeiture Investigations, Conspiracy, International Human Trafficking, Surveillance, International Terrorism, Intelligence, Technical Surveillance Countermeasures, Internal Affairs Investigations, Homeland Security.
Steve Tochterman was born in Green Bay, Wisconsin and grew up in the Panama Canal Zone. He has a Bachelor’s degree in Law Enforcement and Police Science from Sam Houston State University. Steve’s law enforcement career spans over 35 years, including roles as Federal Air Marshal and Civil Aviation Security Specialist at the FAA. He has worked in various locations, including Florida, Georgia, Belgium, and Singapore, and has traveled to over 50 countries providing consulting and training services in aviation security. Steve was twice named Employee of the Year in Security by the FAA and has received awards from the Office of National Drug Control Policy, including invitations to the White House. His expertise in aircraft registration has led to the seizure of over 300 aircraft involved in illicit activities. He has trained more than 2000 individuals in 100 agencies worldwide. Since retiring, Steve founded an aviation consulting company and obtained a federal contractor position with the U.S. Department of State to provide training in Central America. He is co-author of the book “The Final Flight: The Queen of the Skies,” along with Jesús Daniel Romero. A best seller on Amazon to honor those involved in aviation investigations and advocate for improvements in the aircraft registration process in the U.S.
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