Chinese dronemaker DJI has sued America's FCC, to fight 'national security risk' tag

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Chinese dronemaker DJI has sued America's FCC, to fight 'national security risk' tag

China's drone manufacturer DJI (Picture credit: DJI)

World's largest drone maker DJI is taking America's Federal Communications Commission (FCC) to court. The Shenzhen-headquartered company filed a petition 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.

DJI said in a statement it had challenged the FCC decision in the U.S. Court of Appeals for the 9th Circuit."It carelessly restricts DJI’s business in the U.S. and summarily denies U.S. customers access to its latest technology," the Chinese dronemaker said. The move represents a significant escalation in America's battles to crack down on Chinese-made drones in recent years.In December 2025, the FCC meant that DJI, Autel and other foreign drone companies will not be able to obtain the necessary FCC approval to sell new models of drones or critical components in the U.S, but the company can continue to sell existing versions.

DJI is the largest drone company by market in the US. The ban on DJI also includes products from Autel, another China-based drone maker. DJI reportedly requested that the US government audit its devices multiple times before the US issued the import ban.

What is FCC's Covered List

The FCC’s Covered List is a list of communications equipment and services that are deemed to pose an unacceptable risk to the national security of the U.S. or the safety and security of U.S.

persons.Under the Secure Networks Act, the FCC can update the Covered List only after the direction of a qualifying national security authority. In other words, the Commission cannot update this list on its own and is required to implement determinations that are made by our national security agency experts.Equipment on the Covered List (“covered equipment”) is prohibited from getting FCC equipment authorization.

Most electronic devices require FCC equipment authorization prior to importation, marketing, or sale in the U.S. Covered equipment is banned from receiving new equipment authorizations, preventing new devices from entering the U.S. market. Additionally, the Cybersecurity and Infrastructure Security Agency encourages organizations to use the Covered List for risk management analysis in their regulatory compliance efforts.New models of devices on the Covered List are prohibited from receiving FCC authorization and are therefore prohibited from being imported or sold in the U.S. Additions to the Covered List today do not prohibit the import, sale, or use of any existing device models the FCC previously authorized. The Covered List does not restrict the continued use of previously-purchased devices. Consumers can continue to use the devices they lawfully purchased.

What FCC said on ban on China's DJI

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.”

What does DJI say in its petition

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, however, hasn’t exempted any drones or drone parts made in China.

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