Off-the-Shelf Danger: The Need for Overhauling FAA Regulations to Combat the Misuse of Commercial and Recreational Drones

Authors

• Ka Ching "Cyrus" Au, Seattle University School of LawFollow

Keywords

UAV, Drone, FAA Modernization and Reform Act of 2012, COTS, Small Unmanned Aircraft, UAS, dual-use, dual use, Part 107, FMRA, FCC, FAA, Section 336

Abstract

This article discusses how FAA Part 107 has not kept pace with

advances in drone technology and advocates for a tailored solution for

drones. The increasing accessibility of sophisticated drone technology

presents significant national security and public safety challenges.

Regulatory frameworks posed by the Federal Aviation Administration

(FAA) are insufficient to address these growing concerns. The drone

technology originally marketed and developed for photography,

agriculture, and package delivery is now being repurposed for military use

and illegal activities. In the Russo–Ukrainian war, drones are now used to

carry advanced reconnaissance capabilities or are equipped with remotely

detonated explosives. Along a similar vein, cartels and other criminal

organizations are using drones to transport drugs across the United States’

border and to pass contraband over prison walls. The way that drones can

simultaneously be used for practical, consumer, or commercial uses and to

promote criminal activity and as weapons of war presents dual-use

concerns for lawmakers that make it difficult to promote both public safety

and technological advancement.

Recommended Citation

Au, Ka Ching "Cyrus" (2026) "Off-the-Shelf Danger: The Need for Overhauling FAA Regulations to Combat the Misuse of Commercial and Recreational Drones," Seattle Journal of Technology, Environmental, & Innovation Law: Vol. 16: Iss. 2, Article 1.
Available at: https://digitalcommons.law.seattleu.edu/sjteil/vol16/iss2/1