DJI Sues To Reverse FCC's Drone Ban

DJI is suing to reverse a US ban that’s been blocking the Chinese company from selling new drone models in the country.

On Friday, DJI filed a petition with the US Court of Appeals for the Ninth Circuit, challenging the ban, which the Federal Communications Commission began enforcing in December. DJI is calling on the appeals court to review the FCC’s order, arguing the ban is unlawful and violates due process under the Fifth Amendment.

The 4-page court petition alleges that the commission “exceeded its statutory authority, failed to observe statutorily required procedures, and violated the Fifth Amendment when it purported to add DJI’s products to the Covered List”—a list that covers telecommunications equipment found to be posing an unacceptable risk to national security.

The FCC enacted the ban by essentially blacklisting all foreign-made drone components and new foreign-manufactured drone models over claims they pose a national security threat. Only the Department of Defense/War or the Department of Homeland Security can make exemptions.

For years, US officials have been concerned that China could secretly use DJI drones to spy on Americans. Although past security flaws have been found in the company’s products, DJI argues the FCC’s ban “is procedurally and substantively flawed,” citing the lack of evidence that its drones pose a spying threat.

“The FCC can add products to the Covered List only when they present a national security threat, yet it has never identified any threat associated with DJI or its products,” the company told PCMag in a statement. “Despite repeated efforts to engage with the government, DJI has never been given the chance to provide information to address or refute any concerns. These procedural and substantive deficiencies violate the Constitution and federal law.”

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The Chinese drone maker says the FCC’s ban is also harming customers by denying access to the latest DJI drones for consumers, business owners, public safety officials, and farmers. “DJI takes the security of its products very seriously,” the statement adds. “The company has long advocated for independent, objective review of its products.” This has included a history of conducting security audits.

The FCC didn’t immediately respond to a request for comment. But DJI might face a tough legal battle. US courts previously sided with the US government in blocking Chinese companies over alleged national security threats. In September, a US court upheld the decision to keep DJI on the Defense Department’s list of Chinese military companies after the Chinese company sued.