The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is set to make some rules around drones — and particularly those tied to China and Russia. But before it does, it wants your feedback.

The Commerce Department’s BIS issued an advance notice of proposed rulemaking (ANPRM) early this month. In short, that means the group is going to make some rules around drone supply chains.

The group said it wants to make rules in order to strengthen data security around drones flying in the U.S. — primarily targeting supply chain vulnerabilities to do that. The announcement is all a part of the Biden-Harris Administration’s ongoing efforts to mitigate national security risks. And for drone pilots, the news of a proposed rule signals a pivotal moment for drone pilots and the commercial drone industry—particularly for those who rely on Chinese-made drones, such as DJI.

Understanding the proposed rule

For now, the ANPRM is at the point where it is seeking public input — which will then inform future regulations that may target vulnerabilities posed by foreign adversaries, namely China and Russia. The Department of Commerce has warned that these adversaries could potentially exploit drones to access and manipulate sensitive U.S. data.

The Department of Commerce is specifically seeking feedback on areas including:

• Definitions of UAS and their components.
• Risks associated with ICTS transactions involving foreign adversaries.
• Potential economic impacts of regulation on drone users and businesses.
• Mitigation measures that could address identified vulnerabilities.

The call for feedback marks an essential step under Executive Order 13873, which grants the Commerce Department authority to investigate and regulate ICTS transactions that pose unacceptable risks to U.S. security.

Implications for drone pilots

For many drone pilots, particularly those using popular DJI models, this ANPRM represents a potential shift in how UAS systems are regulated in the U.S. DJI, a market leader, is headquartered in China and has been a focal point in debates over national security risks.

That includes the Countering CCP Drones Act. Though it was excluded from the final FY25 NDAA — creating a huge relief for pilots who rely on DJI drones — there are plenty of other efforts to restrict Chinese drones in the U.S. There’s also the American Security Drone Act of 2023, which was integrated into the 2024 National Defense Authorization Act. That rule actually already prevents federal agencies from using drones from countries deemed national security threats, such as China and Russia.

For drone pilots who rely on affordable camera drones, any sort of Chinese drone ban or limitation could mean increased costs of doing business. Though, it could also mean a rise in domestic alternatives. After all, American drone companies would no longer have to compete against companies that stereotypically undercut the competition (like DJI) for market share amongst U.S. customers.

If future rules — like one up for discussion in this ANPRM — lead to restrictions on Chinese-made drones or their components, pilots may need to reassess their equipment and procurement strategies.

Security and economic concerns

This proposed rulemaking highlights the growing tension between technological advancement and national security concerns.

And the Commerce Department’s focus on supply chain security has been met with mixed reactions in the drone community. Players who represent American drone companies are generally behind it — as limitation competition from Chinese drone companies would generally give them a leg up.

But not everyone appreciates the government getting involved in their drones.

While the goal of protecting sensitive data in terms of federal security is widely supported, many have suggested that there’s no reason to even worry about Chinese drone companies potentially seeing what are some of the most common drone shots — shorelines on people’s beach vacations or aerial views of weddings. For what it’s worth, many drone makers increasingly offer features that mitigate concerns over data security, including offline modes that only transmit data through a cable directly to your computer (meaning it never goes in any sort of cloud that could potentially be more publicly accessible).

Especially for small businesses who prioritize cost, the economic impact of these measures could be significant. Chinese-made drones often dominate the market due to their advanced technology and lower costs. Restrictions could lead to higher prices or limited availability of certain products, placing financial strain on individual pilots and small businesses.

Where AUVSI’s stands

The Association for Uncrewed Vehicle Systems International (AUVSI) is one of the biggest players in the drone industry, representing all sorts of drone companies and advocating for drones especially in U.S. politics. For its part, AUVSI has expressed strong support for the Commerce Department’s actions.

“The time has come for the U.S. to take reasonable steps to end reliance on unsecure, subsidized technologies from PRC companies and to invest in U.S. and allied products,” said AUVSI President and CEO Michael Robbins in a prepared statement. “We applaud the leadership of the Department of Commerce and the Office of Information and Communications Technology and Services (ICTS) in taking a key step to strengthen U.S. supply chain security.”

The group issued a whitepaper that digs deeper into its thoughts on drone competitiveness, which you can read here.

What’s next?

The ANPRM is an invitation for stakeholders, including drone pilots, manufacturers, and industry leaders, to provide input on the proposed rule. That’s you, if you’re reading this. Public comments are due by March 4, 2025. You can submit your own public comment here.

For drone operators who rely on Chinese-made drones, this is a critical time to engage with the rulemaking process. Submitting comments allows stakeholders to highlight practical considerations, such as the economic implications of restrictions and the need for viable alternatives to existing technology.

While safeguarding sensitive data is crucial, the drone industry must balance these measures with the needs of its users. For drone pilots and businesses, staying informed and proactive during the public comment period will be essential to shaping a fair and secure regulatory framework.

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