D.C. Circuit Finds FAA's Remote ID Drone Rule Does Not Constitute An Unreasonable Fourth Amendment Search

A panel of the D.C. Circuit recently dismissed a constitutional challenge to a Federal Aviation Administration rule requiring small drones to be remotely identifiable and locatable by the agency (Remote Identification of Unmanned Aircraft, or "Remote ID rule"), holding that the rule does not violate the Fourth Amendment's right to a reasonable expectation of privacy and not to be subjected to an unreasonable search.

The Remote ID rule went into effect in April 2021 and generally requires drones weighing more than 0.55 pounds to broadcast identification and location information between takeoff and shut-down, which is trackable on smart phones via a downloadable application. Plaintiff is a drone enthusiast and retailer. In challenging the Remote ID rule, he argued the Remote ID rule permitted the government to engage in constant, warrantless surveillance of drone operators.