Why do many in U.S. including police use Chinese drones? Feds say national security at risk

Drones made in China are popular in America — with hobbyists, agencies, photographers and journalists.

The price is low and the quality is good. But in the hands of law enforcement, the provenance of the equipment has been raising questions — given the way police are allowed to fly drones.

The Monroe County Sheriff’s Office and Greece Police Department currently use Chinese-made drones flagged by federal officials as a threat to national security. The surveillance equipment gives local law enforcement eyes in the sky.

One example: A police drone hovered over a Penfield swamp last fall, tracking a shoplifting suspect who had run from the law. He was slowly dragging his way deeper into thick weeds and knee-high water.

After deputies from the Monroe County Sheriff’s Office arrested the man, they released the drone footage and called the technology an “invaluable” tool in modern policework. Police use surveillance drones to locate missing people in the dark of night, help fire officials pinpoint hotspots in burning buildings and to keep watch over large crowds like at last year’s PGA Championship.

As those drones whiz about high up in the sky, they are also collecting unparalleled information about local infrastructure and local communities. Privacy watchdog groups have long criticized police drones as another example of how we live our lives under constant surveillance, sometimes without even realizing we are being watched.

In recent years, federal officials raised another concern: Is China watching the footage authorities (or even commercial users) collect?

Feds: Chinese drones get sensitive data on U.S. infrastructure

Chinese manufacturer Da Jiang Innovations ― or DJI ― produces most of the world’s drone equipment, including what often ends up in our police departments.

It's just a popular drone in America, period.

The Democrat and Chronicle and people across western New York use DJI equipment. There are more restrictions on the way our newsroom can use this drone than even the rules hobbyists face. A police drone can surveil certain people and many crowds of people. A newspaper is not allowed to do that.

Scott Norris, D&C news director, explained how our journalists can and do use the equipment.

"The Democrat and Chronicle has operated a DJI Inspire 2 drone since 2017," he said. "We operate the drone under restrictions and guidance provided by Gannett and by the rules detailed in the FAA's Part 107 documentation on unmanned aircraft systems."Norris emphasized that the newsroom cannot fly over people or crowds. Gannett has a two-day training program for its drone pilots and FAA certification to fly.

"We have primarily used the drone to shoot areas under construction, fall foliage, lakeshores and flooded areas and broad areas where the context of the neighborhood or land around is important to understanding the story," he said.

Why is there a DJI drone issue?

In 2017, the Department of Homeland Security issued a bulletin claiming DJI was sharing sensitive data it collected from its U.S. clients with the Chinese government.

Through their day-to-day use, drones accumulate detailed imagery and mapping information on the nation’s public safety activities and water, food and transportation systems, the bulletin said. Federal officials argued that if that information is shared with China, it could enable them to “easily coordinate physical or cyber attacks” against the U.S.

So far, federal officials have not released proof that this is happening ― and DJI has denied those claims ― but China’s National Intelligence Law mandates Chinese companies to turn over any data requested by their government.

And for almost a decade, U.S. officials have been working to limit DJI’s reach, including:

• A U.S. Army ban on DJI drones;

• Naming DJI on the Defense Department’s list of companies tied to the Chinese military;

• Placing DJI on an export blacklist;

• And passage of the American Security Drone Act, which will bar all federal agencies from purchasing or operating Chinese drones starting next year.

Why are Rochester-area police using DJI drones?

The Monroe County Sheriff's Office's drone fleet is made up of nearly entirely DJI drones.

Sheriff's spokesman Deputy Brendan Hurley said MCSO has 22 drones, 21 of which were made by DJI.

In an email, Hurley said MCSO wants to support American products and generally agrees with the intention of federal legislation to "close potential security gaps." Hurley said the needs of the U.S. Army differ from that of law enforcement.

"It is our belief the federal government realizes this, which is why they haven't banned local law enforcement from purchasing or using these drones," he said.

Eyes on Us: Monroe County Sheriff's Office wants to tap into video feed at your school, corner store

And the police agency faces other challenges in moving away from Chinese-made drones: Hurley said MCSO is required to select the lowest bidder when purchasing new tools and technology. When it comes to drones, most times DJI offers the most competitive price.

Hurley said MCSO is working with an American drone manufacturer to consider what options might meet their purchasing requirements.

Greece PD won't talk about drones

Greece Police Chief Michael Wood declined to answer emailed questions about his agency’s drone usage ― including why the agency is using DJI drones and whether they have discussed replacing the technology considering the federal warnings.

A 2022 report by the New York Civil Liberties Union found GPD had three DJI drones in its fleet, though that number could have changed since then.

Kyle Williams, vice president of the Law Enforcement Drone Association, offered some national insight: DJI was the first company to master drone technology and make it available at an affordable price point, he said.

DJI drones can navigate deep inside buildings, taking precise turns and still maintain a strong enough signal to broadcast a clear video feed to the police officer controlling the unit outside, Williams said. Tactical officers from his department in Eugene, Oregon, used the technology last year to keep eyes on a man who had shot up an armored police vehicle and then barricaded himself inside a home.

“That sort of information and having that capability is lifesaving,” Williams said.

LEDA offers drone training for police agencies and partners with drone manufacturers to demo their product. American drone companies have struggled to compete with Chinese makers like DJI, falling behind in terms of output, cost and quality, Williams said.

To replace a DJI fleet with American drones, he said police departments would likely be spending double ― if not more ― for drones with inferior capabilities.

And Williams is not convinced police drones pose a threat to national security.

“Should we have Chinese drones flying around U.S. military bases or like major dam networks or some places where there is potentially critical stuff? Probably not,” Williams said. “That’s a reasonable security measure to take. Is there that same security risk with me flying over a city park or a random neighborhood looking for a wanted subject or an endangered walk away dementia patient?”

Williams said the information police collect with drones is typically available through public records requests, anyways, and said police agencies take measures to secure all their technology, including drones. His department follows cybersecurity guidance on Chinese drones from the FBI.

Several states have issued their own bans on DJI or other Chinese-made drones.

Is money getting in the way of a drone security debate?

Williams said he believes the issue has been fueled by U.S. drone manufacturers lobbying for restrictions so they can secure their own place in the market.

“It’s economic warfare, but it’s veiled under the threat of security,” he said. “And the losers are really the public and the police because we’re enhancing public safety so significantly with this.”

Skydio, one of the leading American drone firms, spent $560,000 on lobbying activity last year, according to OpenSecrets, a nonprofit that tracks how money influences politics.

DJI is putting money to the issue too, though: Last year the Chinese manufacturer spent nearly triple that at $1,600,000.

Klon Kitchen, a cybersecurity expert with the public policy think tank American Enterprise Institute, wrote in a 2022 op-ed that he believes DJI is using law enforcement agencies as a pawn in their campaign against lawmakers.

Kitchen has written extensively about the federal warnings concerning DJI and other Chinese drones and has called restrictions necessary to stop a “preventable national security risk.”

When asked by a reporter whether police use of DJI drones contributed to that security gap, Kitchen sent a previous article he wrote which, in part, claimed DJI flies out police officers and other first responders to meetings with lawmakers to explain how drones have transformed public safety. A DJI representative will then mention that the bulk of police drones come from them, Kitchen said ― making the case that any restrictions could be catastrophic.

Kitchen noted that LEDA lists DJI as one of its own sponsors. (The group is also backed by at least one American drone manufacturer, according to its website.)

Kitchen said trusted and quality alternative drones are starting to come into the market and need to be considered as a matter of risk mitigation. “I don’t care how much money these organizations are saving if it requires the sacrifice of our data and security,” he wrote.

— Journalist Beryl Lipton contributed reporting.

— Rochester's Democrat and Chronicle is examining police surveillance efforts in western New York as part of a new investigation called "Eyes on Us." Do you have questions about drones or other police surveillance? Email us at wramseyiii@gannett.com and we will try to answer them in an upcoming series of stories.

— Kayla Canne reports on community justice and safety efforts for the Democrat and Chronicle in New York.

This article originally appeared on Rochester Democrat and Chronicle: Rochester-area police use Chinese drones banned by Army. So do we. Why?