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When Can the Government Shoot Down Civilian Drones?

The Federal Aviation Administration Reauthorization Act of 2018 is not the most exciting-sounding piece of legislation in the world. The 1,200-page bill, which funds the FAA through 2023 and covers everything from airplane seat size to airport noise, was signed by President Donald Trump on Oct. 5 with little fanfare--even less than it might have ordinarily received, thanks to the drama of Brett Kavanaugh's confirmation. But it could have used the scrutiny: Embedded within it are provisions that give the government new authority to take down civilian drones. The omnibus legislation included the Preventing Emerging Threats Act of 2018, which authorizes the Department of Justice and the Department of Homeland Security to "take actions" to "mitigate a credible threat (as defined by the Secretary or the Attorney General, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset." This "mitigation"--which wouldn't require a warrant, or judicial review or oversight--could include physically disabling the drone, taking it over, intercepting its communications, and seizing the drone itself.