Commerce Department Seeks Comments on Information Security for UAS

On January 2, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an advanced notice of proposed rulemaking (ANPRM) seeking public comment to inform the potential development of a rule to secure and safeguard the information and communication technology and services (ICTS) supply chain for uncrewed aircraft systems (UAS). 

This ANPRM explains how foreign adversary involvement in UAS ICTS supply chains – including acute threats from the People’s Republic of China (PRC) and Russia – may offer our adversaries the ability to remotely access and manipulate these devices, exposing sensitive U.S. data. 

This ANPRM will assist BIS in determining the technologies and market participants that may be appropriate for regulation in order to address undue or unacceptable risks to U.S. national security, including U.S. ICTS supply chains and critical infrastructure, or/and to the security and safety of U.S. persons. 

Separately, the National Defense Authorization Act, which the president signed last month, started a one-year countdown, during which PRC UAS manufacturers DJI and Autel Robotics must prove that its products are not a national security risk to the U.S. If it can’t, the FCC will add their products to its “covered list,” which would block them from running on U.S. networks. This would effectively block all imports. Existing UAS which are already approved may remain operational unless the FCC takes further action.