WASHINGTON, D.C. – Senator Ashley Moody sent a letter with Congresswoman Jen Kiggins to Senate and House Armed Services Committee leadership requesting their Drone Espionage Act be included in the FY 2026 National Defense Authorization Act (NDAA). With the growing threat of adversarial drones near military sites, Senator Moody introduced the Drone Espionage Act in May to update existing laws and make it a federal crime to record unauthorized video footage of U.S. military installations. Currently, under the Espionage Act of 1917, still photographs are prohibited, but capturing video footage is not yet a federal crime. Senator Moody’s Drone Espionage Act would close this loophole and allow for our laws to keep up with evolving video technology.
The legislation also updates the Espionage Act of 1917 to strengthen current authorities and hold individuals who seek to threaten our national defense accountable. Congresswoman Kiggins is leading the legislation in the House of Representatives.
Read the full letter HERE or below.
November 07, 2025
Dear Chairmen Rogers and Wicker, Ranking Members Smith and Reed:
As you prepare for conference negotiations on the Fiscal Year 2026 National Defense Authorization Act (NDAA), we write to strongly urge the inclusion of the text of the Drone Espionage Act, which would fill a technical gap and prohibit video surveillance of sensitive defense sites in addition to still photography which is currently prohibited.
Drones are increasingly used by America’s adversaries, particularly China, to capture video of sensitive national defense sites. 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. For example, in the Middle District of Florida, a suspect was found to have recorded significant amounts of video over one of our national defense sites in Cape Canaveral. Over the course of the investigation, the prosecutors could only charge for possession of the still image despite possessing significant amounts of footage. Without those still images, the U.S. Attorney in the Middle District has said this individual may not have been held accountable for these acts of espionage. Unsurprisingly, this case is not unique and is becoming more frequent across America. The only way to uphold the integrity of our national defense sites is to ensure our laws are updated to meet the technological advancements of the times.
As such, this bill updates the Espionage Act of 1917 to include videography of sensitive national defense sites as a crime, amending Sec. 793 by adding “video” to the list of criminal information-gathering means by those seeking to harm the national defense. The text of this bill was included in Section 1089, S. 2296, the National Defense Authorization Act of 2026. The text of the bill is as follows:
Section 793 of title 18, United States Code, is amended by inserting ‘‘video,’’ after ‘‘photographic negative,’’ each place such term appears.
Thank you for your continued leadership in ensuring this year’s NDAA strengthens our defense capabilities, supports those who serve, and invests in the people and places that make our national security possible. I look forward to working closely with both committees to ensure these priorities are reflected in the final conference agreement.
BACKGROUND…
There have been several documented cases from recent years that underscore the vital importance of this legislation, including but not limited to:
- In Cape Canaveral, Florida, a suspect was found to have recorded significant amounts of video over sensitive national defense sites, but the footage could not be charged.
- In Newport News, Virginia (where the U.S. Navy has a massive presence), a PRC national was convicted after flying a drone with a camera over a naval shipyard. He was a student at the University of Minnesota.
- In February 2025, a Canadian man was charged with using an unmanned aircraft to photograph Patrick Space Force Base in Brevard County, Florida.
- In November 2024, a Chinese citizen living in Los Angeles was charged and sentenced for flying a drone over Vandenberg Space Force Base and taking images.
- In June of 2020, three Chinese nationals were sentenced for illegal imagery at U.S. Naval Air Station in Key West, Florida.
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