This CLE webinar will analyze the Safer Skies Act, part of the National Defense Authorization Act signed into law on Dec. 18, 2025, and consider other related developments in the regulation of uncrewed aircraft systems (UAS). The speakers will also offer insights about increased enforcement of rules governing the operation of UAS generally and what that means for clients.
A complete game-changer in the world of uncrewed (or unmanned) aircraft systems, the Safer Skies Act authorizes state, local, Tribal, and territorial law (SLTT) enforcement to deploy counter-UAS (C-UAS) technology and systems to mitigate credible threats that drones pose to among other things, critical infrastructure or correctional facilities. When done in compliance with numerous training and other mandates, using these systems will be exempt from certain federal criminal statutes, such as the Computer Fraud and Abuse Act, the Wiretap Act, and the Pen Register Act. Moreover, lawful destruction of UAS in compliance with the Safer Skies Act and future regulations will not violate 18 USC 32, which criminalizes the destruction of aircraft in flight.
Critical infrastructure includes seven transportation sectors: aviation, highway and motor carrier systems, maritime, mass transit and passenger rail, pipeline systems, freight rail, and postal and shipping. Counsel advising clients in these industries and sectors should understand what types of new protection are now available through SLTT, and even anticipate a time when companies may be authorized to deploy C-UAS on their own. They also have to consider potential liability for not taking advantage of these protections should a preventable incident occur.
Attorneys advising clients on the use or development of UAS or the use of UAS by their clients' subcontractors and vendors should fully understand this new law, the expanded powers of local law enforcement, and stricter enforcement of UAS regulations. They also should consider the complexities of C-UAS and UAS operating beyond visual line of sight once Part 108 is in final form.
Listen as this panel of UAS experts explains the Safer Skies Act and its impact on businesses using UAS, companies in the UAS space, and transportation infrastructure.
