Lawmakers Introduce Drone Espionage Act To Criminalize Drone Filming of Defense Sites

House representatives have introduced new legislation to close a century-old loophole in American espionage law amid concerns about drone surveillance of military sites.

Key Insights

The Drone Espionage Act aims to criminalize drone video footage of military sites with penalties including fines, up to 10 years imprisonment, or both.
Current law (Espionage Act of 1917) prohibits photography of defense sites but does not mention videography, creating what lawmakers are concerned is a dangerous modern loophole.
Bipartisan legislation introduced by Reps. Jen Kiggans (R-Va.) and Don Davis (D-N.C.) specifically targets surveillance activities by foreign adversaries like China.
Recent cases involving Chinese nationals using drones to capture images of US military installations have heightened security concerns.

Closing a Century-Old Security Loophole

A bipartisan pair of House representatives has introduced legislation to address what they deem a significant national security vulnerability in America’s espionage laws. The Drone Espionage Act (H.R. 2939) aims to amend the Espionage Act of 1917 to include video among the criminal information-gathering methods prohibited around military installations. The current law, written decades before drone technology existed, prohibits photography but contains no specific provisions against video recording of sensitive defense sites. This has raised concerns among lawmakers about drone technology becoming increasingly sophisticated and accessible to foreign adversaries.

Bipartisan legislation has been introduced in the House to safeguard #US defense sites from video surveillance by #Drones operated by foreign agents, … https://t.co/lqgCyv3zOa

— The Epoch Times – China Insider (@EpochTimesChina) April 21, 2025

Rising Foreign Surveillance Concerns

The legislation comes amid troubling incidents of drone activity around American military sites. In a notable case, a Chinese citizen was recently sentenced for flying a drone over Vandenberg Space Force Base in California and capturing images. Similar incidents have been reported along Virginia’s Hampton Roads region and the East Coast, raising alarm among security officials. Representatives Jen Kiggans (R-Va.) and Don Davis (D-N.C.), both members of the House Armed Services Committee, cited these incidents as evidence of the growing threat posed by foreign drone surveillance.

The bill specifically targets unauthorized drone surveillance of “sensitive national defense sites,” which includes military bases, shipyards, weapons systems facilities, and other critical defense infrastructure. While the White House has acknowledged that some drone activities near military installations may be authorized or lawful, some have expressed increasing concern about the potential for foreign intelligence gathering using this technology.

Strict Penalties for Violators

The proposed legislation would establish significant consequences for those caught taking illegal drone video of military sites. Violators could face fines, imprisonment for up to 10 years, or both. The bill’s sponsors emphasized that these penalties are necessary to deter potential espionage activities and protect America’s national security interests. The legislation is designed to provide federal prosecutors with specific tools to prosecute foreign agents who use drone videography to collect intelligence on US defense installations.

Bipartisan Support for National Security

Both Republican and Democratic sponsors have emphasized the practical need to update America’s espionage laws to address modern technological realities. Rep. Davis, a Democrat from North Carolina, stressed the importance of protecting military installations from unauthorized surveillance, noting that classified information must be safeguarded from foreign adversaries seeking to exploit vulnerabilities in US defense systems.

Meanwhile, Congresswoman Kiggans said, “As China and other adversaries ramp up threats and increase their drone usage, we must send a clear message that we will not tolerate unlawful surveillance on American soil.”