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dji-sues-the-fcc-for-“carelessly”-restricting-its-drones

DJI sues the FCC for “carelessly” restricting its drones

DJI, the most popular consumer drone maker, is suing over the Federal Communications Commission (FCC)’s import ban against new, foreign-made drones, which has been in effect since December 23, 2025.

On Tuesday, the Shenzhen-headquartered company filed a petition [PDF] with the US Court of Appeals for the Ninth Circuit that seeks to overturn the FCC’s decision to list DJI on its Covered List. The Covered List includes communications equipment and services that are “deemed to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons,” per the FCC.

In its petition dated February 20, 2026, DJI said:

Petitioners seek review of the Ruling on the ground that the FCC 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. Petitioners respectfully request his Court hold unlawful, vacate, enjoin, and set aside the Ruling and grant any other relief that the Court finds proper.

In January, the FCC exempted a limited number of foreign-made drones, including some coming from Europe, until the end of this year. The FCC also provided exemptions for some foreign-made critical drone components, including those from Japanese companies Sony and Panasonic, and South Korean company Samsung. The FCC hasn’t exempted any drones or drone parts made in China.

In a December 22 statement, the FCC said that “criminals, hostile foreign actors, and terrorists can use [drones] to present new and serious threats to our homeland.” The FCC said at the time that it made its decision about the ban after a review by an Executive Branch interagency body review that it said had “appropriate national security expertise” and “was convened by the White House.”

DJI reportedly requested that the US government audit its devices multiple times before the US issued the import ban.

In a company statement shared with Bloomberg today, DJI said:

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.

In a statement to Reuters today, DJI also said that the FCC’s decision “carelessly restricts DJI’s business in the US and summarily denies U.S. customers access to its latest technology.”

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FCC’s import ban on the best new drones starts today

DJI sent numerous requests to the US government to audit its devices in hopes of avoiding a ban, but the federal ban was ultimately enacted based on previously acquired information, The New York Times reported this week.

The news means that Americans will miss out on new drone models from DJI, which owns 70 percent of the global drone market in 2023, per Drone Industry Insights, and is widely regarded as the premium drone maker. People can still buy drones from US companies, but American drones have a lackluster reputation compared to drones from DJI and other Chinese companies, such as Autel. US-made drones also have a reputation for being expensive, usually costing significantly more than their Chinese counterparts. DaCoda Bartels, COO of FlyGuys, which helps commercial drone pilots find work, told the Times that US drones are also “half as good.”

There’s also concern among hobbyists that the ban will hinder their ability to procure drone parts, potentially affecting the repairability of approved drones and DIY projects.

US-based drone companies, meanwhile, are optimistic about gaining business in an industry where it has historically been hard to compete against Chinese brands. It’s also possible that the ban will just result in a decline in US drone purchases.

In a statement, Michael Robbins, president and CEO of the Association for Uncrewed Vehicle Systems International (AUVSI), which includes US drone companies like Skydio as members, said the ban “will truly unleash American drone dominance” and that the US cannot “risk… dependence” on China for drones.

“By prioritizing trusted technology and resilient supply chains, the FCC’s action will accelerate innovation, enhance system security, and ensure the US drone industry expands rather than remaining under foreign control,” Robbins said.

Understandably, DJI is “disappointed” by the FCC’s decision, it said in a statement issued on Monday, adding:

While DJI was not singled out, no information has been released regarding what information was used by the Executive Branch in reaching its determination. Concerns about DJI’s data security have not been grounded in evidence and instead reflect protectionism, contrary to the principles of an open market.

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