DJI sues the FCC for “carelessly” restricting its drones
Source: Ars Technica
Background
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. The ban stems from the FCC’s decision to place DJI on its Covered List—a roster of communications equipment and services deemed to pose an unacceptable risk to U.S. national security or the safety of United States persons【https://www.fcc.gov/supplychain/coveredlist】.
Legal petition
On Tuesday, the Shenzhen‑headquartered company filed a petition [PDF] with the U.S. Court of Appeals for the Ninth Circuit seeking to overturn the FCC’s decision.
In the petition dated February 20 2026, DJI argued that the FCC:
- Exceeded its statutory authority.
- Failed to observe statutorily required procedures.
- Violated the Fifth Amendment by adding DJI’s products to the Covered List without proper justification.
DJI requested that the court hold the FCC’s ruling unlawful, vacate it, enjoin its enforcement, and grant any other appropriate relief.
FCC exemptions
In January, the FCC exempted a limited number of foreign‑made drones—including some from Europe—until the end of the year. It also provided exemptions for certain critical drone components from Japanese companies Sony and Panasonic, and South Korean company Samsung. No drones or drone parts made in China have been exempted.
The FCC’s December 22 statement (see PDF) warned that “criminals, hostile foreign actors, and terrorists can use [drones] to present new and serious threats to our homeland.” The agency said the decision followed a review by an Executive‑Branch interagency body convened by the White House and possessing “appropriate national security expertise.”
Statements from DJI
In a company statement shared with Bloomberg (2024‑02‑24), 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 (2024‑02‑24), DJI added that the FCC’s decision “carelessly restricts DJI’s business in the US and summarily denies U.S. customers access to its latest technology.”
Relevant links
- FCC Covered List: https://www.fcc.gov/supplychain/coveredlist
- Original import‑ban article: https://arstechnica.com/gadgets/2025/12/djis-new-drones-will-not-be-available-in-the-us-as-fcc-ban-takes-effect/
- Bloomberg coverage: https://www.bloomberg.com/news/articles/2026-02-24/china-s-dji-takes-fight-with-fcc-over-drone-ban-to-appeals-court
- Reuters coverage: https://www.reuters.com/legal/government/chinese-dronemaker-dji-files-lawsuit-challenge-us-import-ban-new-models-2026-02-24/