Government may get new power to track drones

May have discretion to shoot down without OK

An aviation bill Congress is rushing to approve contains a little-noticed section that would give authorities the power to track, intercept and destroy drones they consider a security threat, without needing a judge’s approval.

Supporters say law enforcement needs this power to protect Americans from terrorists who are learning how to use drones as deadly weapons.

They point to the Islamic State terrorist group’s use of bomb-carrying drones on battlefields in Iraq, and warn that terrorists could go after civilian targets in the United States.

Critics say the provision would give the government unchecked power to decide when drones are a threat. They say the government could use its newfound power to restrict drone-camera news coverage of protests or controversial government facilities, such as the new detention centers for young migrants.

The provision is tucked in a huge bill that provides $1.7 billion in disaster relief and authorizes programs of the Federal Aviation Administration, which regulatesdrones. The House approved the measure Wednesday by a 398-23 vote, and the Senate is expected pass it on to President Donald Trump’s desk in the coming days. The White House signaled support of the drone provision in July.

Sen. Ron Johnson, a Wisconsin Republican, introduced the Preventing Emerging Threats Act this year. It would give the Homeland Security Department and the Justice Department power to develop and deploy a system to spot, track and shoot down drones, as unmanned aircraft are called. Officers would have the authority to hack a drone operator’s signal and take control of the device.

The bill was never considered on its own by the full Senate or the House. Instead, in private negotiations that ended last weekend, it was tucked into a “must-pass” piece of FAA legislation.

Homeland Security Secretary Kirstjen Nielsen wrote in a recent op-ed that the threat of drone attacks “is outpacing our ability to respond.” She said criminals use drones to smuggle drugs across the border, but worse, terrorists like the Islamic State are deploying them on the battlefield.

The National Football League’s top security executive recently endorsed the bill’s intent but said it should go further by letting trained local police officers intercept drones. The official, Cathy Lanier, a former Washington, D.C., police chief, said the NFL is alarmed by an increase in drone flyovers at stadiums.

Opponents including the American Civil Liberties Union argue that the proposal gives the government unchecked power to track and seize drones without regard for the privacy and free-speech rights of legitimate drone operators. It exempts the government agencies from certain laws, including limits on wiretapping.

Keith Srakocic The Associated Press file Under an aviation bill before Congress, authorities might get the power to intercept and destroy drones considered a security threat.