US Court Rejects Constitutional Challenge to ‘Remote ID Rule’ for Drone Flight - Air and Space Law View US Court Rejects Constitutional Challenge to ‘Remote ID Rule’ for Drone Flight by - Air and Space Law US Court Rejects Constitutional Challenge to ‘Remote ID Rule’ for Drone Flight 48 2

In January 2021, the Federal Aviation Administration (FAA) promulgated a regulatory system of remote identification of civil (i.e., nongovernmental) unmanned aerial vehicles (UAVs) – ‘drones’ – and their pilots. It did so at the direction of Congress for the purpose of increasing airspace awareness and mitigate threats as a means to protect the safety and security of US airspace. The resultant ‘Remote ID’ Rule requires a drone in flight to emit publicly readable radio signals reflecting certain identifying information, including its serial number, location, and performance information. A drone owner and retailer challenged the rule, claiming that it amounted to constant warrantless governmental surveillance in violation of the Fourth Amendment to the US Constitution. In Brennan v. Dickson, 45 F.4th 48 (D.C. Cir. 2022), a federal court of appeal rejected this claim and upheld the Remote ID Rule as lawful.

Air and Space Law