DJI drones are currently used by BHPD for its Real Time Watch Center. (photo by Tabor Brewster)

The Beverly Hills City Council agreed on Aug. 6 to oppose a Senate Bill that would ban the law enforcement use of drones manufactured by Chinese company DJI in California due to data privacy concerns. The drones have already been banned by the Pentagon for use in the U.S. Military, as cybersecurity research suggests that data collected on an app that powers the drones can be exploited by the Chinese government. DJI drones are currently used by the Beverly Hills Police Department for its Real Time Watch Center, along with many other police departments across the state and nation.

Senate Bill 99 was introduced by Sen. Tom Umberg (D-Santa Ana), who argued that the drones should be banned in the state to protect national security. The bill would ban all law enforcement agencies in California from purchasing or obtaining military equipment if the U.S. Armed Forces is prohibited from obtaining the same equipment.

“From scanning terrain for lost hikers, to assessing wildfire risk, it’s understandable that drones have become a critical tool of local agencies and governments,” Umberg said in a press release.  “That said, the fact that the Pentagon has prohibited equipment from a specific company due to fears of spying should raise bright red flags for all consumers.”

However, police departments in California – including BHPD – have expressed concern over the bill, as many of their drones are manufactured by DJI. The League of California Cities, California State Sheriff’s Association and California Police Chief’s Association have opposed the bill.

“[DJI drones] are superior in their in-flight characteristics, camera clarity and zoom capabilities,” Beverly Hills Municipal Affairs Program Manager Cindy Owens said. “BHPD does use Motorola Cape software to ensure the safe transmission of data from the drone to the Real Time Watch Center. This software offers end-to-end encryption of that data and therefore we believe Sen. Umberg’s concerns over the vulnerabilities in the app are a non-issue.”

Most council members agreed that the police department should be able to continue to use the drones, but Councilman John Mirisch expressed some concern over potential cybersecurity threats.

“I do think we need to be concerned, obviously, when we are using elements that are produced in foreign countries that have adversarial relations with this country. Yes, we want to be able to continue to use it,” Mirisch said. “I’ve always said that wherever possible we should support American productivity.”

Mirisch added that before making a decision, he wants to get input from U.S. Rep Ted Lieu (D-Los Angeles), who he argued has been at the forefront of tech safety and cybersecurity.

BHPD Lt. Todd Withers outlined the cybersecurity safeguards in place under the Motorola Cape software, and argued that DJI drones offer the best technology.

“We’ve looked at several [drone alternatives], and I think there definitely are up and coming viable candidates, but they’re just behind the times on tech,” he said.

“We feel pretty comfortable that no data transmission is going back to any Chinese organizations,” BHPD Chief Mark Stainbrook said. “I can certainly – being in the military – understand why the military doesn’t want DJI drones flying over their bases. But we’re not a military base here, we don’t have a military base here.”

Stainbrook added that he believed the bill would not get through in the legislature, and that the BHPD will look into American-produced drones when they become more cost-effective in the future.

Four council members decided to oppose SB 99, and Mirisch remained neutral.

“I understand where the state senator is coming from, at the same time I want us to be able to continue to do what we are, and as said I would look to Ted Lieu to vet the bill [and] to give us suggestions for amendments,” Mirisch said. “I wouldn’t want to weigh in until we get information from him.”

The Beverly Hills decision to oppose the bill comes as the neighboring city of West Hollywood on July 15 approved adding a drone pilot program to its public safety initiatives.