Senator Ashley Moody (R-FL) and Congresswoman Jen Kiggans (R-VA) are urging Congress to include their Drone Espionage Act in the final Fiscal Year 2026 National Defense Authorization Act (NDAA) to criminalize unauthorized video surveillance of U.S. military installations.
The lawmakers sent a letter to the leadership of the Senate and House Armed Services Committees on November 7, 2025, stressing the need to modernize the existing Espionage Act of 1917, which they argue has a critical technical gap.
Currently, the 1917 Espionage Act prohibits the unauthorized taking of still photographs of national defense sites, but it does not explicitly make the capturing of video footage a federal crime.
“Although it is already illegal under the Espionage Act to take photos of national defense sites, the statute currently makes no mention of videography and leaves our laws exposed to potential circumvention by our adversaries,” the letter states.
The push comes amid what the lawmakers describe as a “growing threat of adversarial drones” near sensitive military sites, particularly from foreign adversaries like China.
The proposed legislation would amend Section 793 of Title 18, U.S. Code, by inserting the term “video” alongside “photographic negative,” thus making the unauthorized recording or transmission of video footage of defense information a crime.
Key points highlighted by the lawmakers include:
- A Case Example: Prosecutors in the Middle District of Florida were reportedly only able to charge a suspect who recorded significant drone video footage over a national defense site at Cape Canaveral for possession of a single still image, as the video itself could not be charged under current law.
- Precedents: They noted documented cases of foreign nationals using drones to take imagery over U.S. naval shipyards and Space Force Bases, underscoring the urgency of the new measure.
The language of the bill was reportedly included as Section 1089 in the Senate-passed version of the FY 2026 NDAA (S. 2296). Senator Moody and Congresswoman Kiggans are now advocating for its retention as House and Senate leaders move toward conference negotiations to finalize the defense bill.
The Drone Espionage Act aims to ensure that federal laws keep pace with evolving video technology and provide the necessary tools to hold individuals who seek to threaten U.S. national defense accountable.
READ: Florida Rep. Byron Donalds Joins Lawsuit Challenging 2020 Census ‘Manipulation’
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
