U.S. Based - What will you do IF....

[Prop Wash]

....the United States House of Representatives and the Senate sends a Bill (currently known as the Countering CCP Drones Act (H.R. 2864)) to the President for signature and he signs it putting DJI drones on the "No Fly" list through the FCC? Hopefully, there will be window of time before it goes into effect.
If you fly commercially, will you look for an alternative? If you fly recreationally, will you look for an alternative or decide to stop THIS hobby?
I have been writing my US House Representative in my home district. I plan on writing my 2 US Senators should this bill get to the Senate to express my opposition to it. For me, IF this ends up going "THERE," I will fly my Mini 2 as long as allowed by the final version of the legislation. Then likely put it all in my flight bag and not do this hobby any longer. It will have been fun while it lasted.
I know there are a LOT of "IF's" in here. My hope is this bill won't get that far.
If you haven't yet, I would encourage you to find out who your representative in the House is, who your 2 Senators are from your state, write them to tell you oppose it. If enough of us do this, it MAY stop it from going anywhere.
So...now your opinions...please.

 

[mavic3usa]

The recreational hobby would not end for me. I have Autel and Skydio drones I could go back to and I would take the opportunity to expand my FPV world while my Avata and FPV are down. However, I'm pretty sure there will be injunctions and/or court challenges filed which could extend the amount of time already provided to the few years currently in this bill. You may need to join/donate to one of the [plaintiff] organizations in order to fully benefit but all of us should be involved in one way or another with organizations which promote our cause.

 

[Felix le Chat]

My first reaction would be to look at the Autel options, but they too are Chinese in origin, so I fear that they would quickly be tarred with the same brush. Even though Skydio and Parrot don't cater for the 'hobbyist' market any more, the Skydio 2 and the Anafi's are still relevant and sophisticated tools capable of fine control and excellent picture quality.... and they can still be found in good order second hand for a reasonable price... For now.

 

[Droning on and on...]

I plan to continue flying my DJI products, until they won't take off.

Then, I intend to apply the hack that will almost surely be developed to defeat the disabling.

This is beyond technically stupid. For the sake of argument, let's stipulate DJI drones are sending potentially intel-dangerous data and imagery back to DJI. It's not that big a problem to solve to block it at the network level. Fur gawds sake, the Chinese do this all day long to keep their citizens from internet access they deem harmful to their national interests.

This is about really one thing: Ignoramuses in Congress that can't tell the difference between certain anatomy and a hole in the ground.

"Yes, Dave, but tell us how you really feel..."

 

[Vic Moss]

The odds of this happening are slim. Getting less slim for sure, but slim still the same.

It's very unlikely it will pass on it's own, even Congress isn't that stupid. But we have to watch the 2024 FAA Reauthorization Act, as well as the yearly National Defense Authorization Act, to make sure Stefanik's abomination doesn't get snuck into one of those.

She also is looking to introduce the Drones for First Responder Act (DFR). This would increase the tariffs on DJI and Autel by 50% plus $100, and make it illegal to import a fully assembled drone from the PRC after 2029.

I'm trying to get a meeting with Stefanik's office, but I don't think they'll talk to me.

If you want to keep track of these bills, join us at Drone Advocacy Alliance (Drone Advocacy Alliance - Home). You can also use our "take action" page to send your Congressional folks an email explaining what those bills would do to this industry and hobby.

 

[Nanny Ogg]

Sadly this bill is based on the "fear and ignorance" that the current Congress is so proud of. If the sponsors had ever flown a drone and / or looked at the data in the logs, they might not have introduced this. I suspect there has been some lobbying on the part of Skidio for this, but that is unfortunate since they left the consumer market.

 

[Vic Moss]

Sadly this bill is based on the "fear and ignorance" that the current Congress is so proud of. If the sponsors had ever flown a drone and / or looked at the data in the logs, they might not have introduced this. I suspect there has been some lobbying on the part of Skidio for this, but that is unfortunate since they left the consumer market.

No reason to suspect it. Skydio is the main pusher of this. They, along with Brinc and Teal, are the main players, not just at the federal level, but the state level as well. In March, Skydio signed a contract with a lobbying firm in New York state to the tune of $15,000 per month to try and get an anti-China bill introduced and passed into the New York State Assembly.

 

[Droning on and on...]

And to think I had an order I for a Skydio 2 years ago, which God in Heaven looking out for me I canceled when production delays kept pushing delivery out.

What a bunch of rent-seeking scumbags.

 

[orionshooter]

No reason to suspect it. Skydio is the main pusher of this. They, along with Brinc and Teal, are the main players, not just at the federal level, but the state level as well. In March, Skydio signed a contract with a lobbying firm in New York state to the tune of $15,000 per month to try and get an anti-China bill introduced and passed into the New York State Assembly.

Vic can you share your opinion as to whether a full stop grounding of DJI products would amount to a regulatory taking protected by the 5th amendment?

And, as a follow up, if the Takings Clause is implicated, what effect this may have on the potential for passage?

Thanks in advance for your insight.

 

[Vic Moss]

Vic can you share your opinion as to whether a full stop grounding of DJI products would amount to a regulatory taking protected by the 5th amendment?

And, as a follow up, if the Takings Clause is implicated, what effect this may have on the potential for passage?

Thanks in advance for your insight.

The takings clause has been bandied about as a remedy to this. Similar to what the Huawei ban had to do. All of the communications equipment that had to be replaced due to legislation was supposed to be paid for out of a Congressional fund. It's still not finished. And that happened in May of 2019.

Invoking the Fifth Amendment would be a good argument against the validity of the false security claims. But there are some who say the U.S. Gov't could claim immunity under a couple of different acts. But the precedent was set with Hauwei, so I think that would be a hard argument to win.

But after dealing with legislators so much over the last few years, I'm giving up on making predictions based on logic.

 

[JimSteadman]

These would be the same Congressmen who have both their spouse and their girlfriend's name and number, and any number of compromising photographs as well as all their contact info with their uuh, supporters and lobbyists, not to mention the email they shared with other Congresspeople about the top-secret Defense Department's latest offerings on their Chinese-made cellphones, right?

 

[Droning on and on...]

Vic can you share your opinion as to whether a full stop grounding of DJI products would amount to a regulatory taking protected by the 5th amendment?

And, as a follow up, if the Takings Clause is implicated, what effect this may have on the potential for passage?

Thanks in advance for your insight.

Well, I'm not Vic but I'll point out that national security has historically been used for violation, even suspension (i.e. Habeas Corpus during the Civil War, internment of American citizens of Japanese ethnicity during WWII) of all sorts of Constitutional Rights, so that may be a dead end to legally oppose this.

 

[BlueHeeler]

I have alternative drones, but even if this Bill becomes Law, I will keep flying my Mavic 3 until they pry it from my cold dead hands.
I have emailed my Representative in regards to H.R. 2864 , he responded on something total unrelated to drones, which proves Congresscritters are out of touch or don't care.

 

[Prop Wash]

I have alternative drones, but even if this Bill becomes Law, I will keep flying my Mavic 3 until they pry it from my cold dead hands.
I have emailed my Representative in regards to H.R. 2864 , he responded on something total unrelated to drones, which proves Congresscritters are out of touch or don't care.

I've done the same and I get a somewhat 'canned' response. I figure it's from a staffer who is on the Congressman's communication team. I'd like to know that what I write ACTUALLY gets to my Congressman. I know I'm not their only constituent and I can only imagine all the emails, letters, or phones they get, but I'd like to think he (in my case) has the pulse of his district.

 

[Droning on and on...]

I have alternative drones, but even if this Bill becomes Law, I will keep flying my Mavic 3 until they pry it from my cold dead hands.
I have emailed my Representative in regards to H.R. 2864 , he responded on something total unrelated to drones, which proves Congresscritters are out of touch or don't care.

Which one of the critters?

 

[InspectorTom]

I would have to assume there are lobbies that represent corporations who have spent an obscene amount of money for their drone assets who will not just permanently ground their drones (revenue generators) without a fight. I'm mainly mad about this whole fiasco because I recently dropped a profane amount of money on a full M30T package. From what I understand, this is Skydio attempting to eliminate competition because they are about 5-10 years behind DJI technological advances. Either way, if this legislative abomination goes through, my M30T will become a pretty expensive paper weight.

 

[Clipper707]

We can attribute this bill to "fear and ignorance" by legislators or "Skydio attempting to eliminate competition," but it's also fair to point out the US Army banned Chinese drones from use by soldiers and on military bases in 2017.

 

[Vic Moss]

We can attribute this bill to "fear and ignorance" by legislators or "Skydio attempting to eliminate competition," but it's also fair to point out the US Army banned Chinese drones from use by soldiers and on military bases in 2017.

As they should. They are places we shouldn’t be using any Chinese gear, drone or otherwise.

But what the govt and Skydio (and Brinc and Teal) are doing is going to kill this industry.

DOD is one thing. Politics and lying to Congress is something entirely different.

 

[InspectorTom]

I couldn't agree more Vic Moss.

 

[mavic3usa]

This is Russ' latest take on the "DJI drone ban."