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REGULATORY WATCH BRIEF Low 37 🔨 Court Ruling pending

D.C. Circuit urged to vacate FAA drone restriction that criminalized recording immigration agents

The outcome could restore First Amendment protections for journalists using drones to document government actions.

ADTP Regulatory Watch · September 21, 2026 · Federal Aviation Administration
ImpactLow 37
Type🔨 Court Ruling
Statuspending case open
JurisdictionUS

What happened

EFF and co‑plaintiffs filed an amicus brief in Levine v. FAA asking the D.C. Circuit to void an FAA rule that barred drones from recording DHS immigration agents. The FAA rescinded the rule in April, but pilots could still be punished for past violations and the restriction could be reinstated. The case centers on First Amendment rights to record law‑enforcement activity.

Why it matters for trust and compliance

  • Its status is pending. The case is still open; the outcome may change what it means.
  • The outcome could restore First Amendment protections for journalists using drones to document government actions.

Who is affected

technology media Electronic Frontier Foundation American Civil Liberties Union ACLU of D.C. National Press Photographers Association Professional Photographers of America Reporters Committee for Freedom of the Press Federal Aviation Administration

Recommended actions

  1. Check that privacy notices describe the practices this addresses.
  2. Map the security requirements to existing controls and close gaps.