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S 1809119th CongressIn Committee
Drone Espionage Act
Introduced: May 20, 2025
Defense & National Security
Standard Summary
Comprehensive overview in 1-2 paragraphs
The Drone Espionage Act (S. 1809) would amend federal law to add video to the list of media that, if used to gain or share defense information, is subject to penalties. Specifically, it would insert the word “video” wherever “photographic negative” appears in 18 U.S.C. § 793, the Espionage Act provision that already criminalizes gathering, transmitting, or losing defense information. In practical terms, the bill would broaden existing prohibitions to cover video recordings (not just photographs) of defense information, and the same penalties that apply to other forms of defense information would apply to video as well. The bill was introduced in the Senate on May 20, 2025, and referred to the Judiciary Committee.
Key Points
- 1The bill amends 18 U.S.C. § 793 by adding “video” to the prohibited media alongside “photographic negative,” thereby covering video footage of defense information.
- 2The primary focus is to prohibit taking or transmitting video of defense information, expanding the scope of what can trigger penalties under the Espionage Act.
- 3It is titled the “Drone Espionage Act,” signaling a focus on drone-enabled or otherwise media-based capturing of sensitive information.
- 4The bill relies on the existing § 793 framework for penalties and other elements; it does not create a new set of penalties in its text, but rather applies the existing consequences to video.
- 5The text provided shows only this amendment; the “for other purposes” clause suggests potential additional provisions, but none are included beyond the § 793 amendment.
Impact Areas
Primary group/area affected:- Individuals who capture or transmit video near defense information or facilities (e.g., drone operators, journalists, contractors, employees with access to sensitive information) who might inadvertently or intentionally record and share defense-related footage.Secondary group/area affected:- Defense facilities and personnel responsible for safeguarding sensitive information.- Law enforcement and prosecutors who would apply the Espionage Act to cases involving video recordings.Additional impacts:- Potential chilling effect on journalism and public-interest filming near defense sites, raising First Amendment and press-freedom considerations.- Enforcement and definitional questions (e.g., what exactly qualifies as “defense information,” what counts as “taking” or “transmitting” video, and how the line is drawn between legal reporting and illegal handling).- Compliance burden for drone operators and organizations that work with video near sensitive sites.- Possible overlap with other espionage or privacy laws, creating legal ambiguity about scope and enforcement.The bill as written does not redefine “defense information” or “video” beyond inserting the term into § 793; practical interpretation would rely on existing Espionage Act case law and regulatory definitions.Penalties would follow those already laid out in § 793, but the bill does not specify new or separate penalties in the text provided.
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