25 September 2023
Chinese drone pilots who modify their drones to evade flight restrictions may be considered risks to national security and face jail time and fines.
Most of the "hacked" drones are merely for recreational purposes, but the new rules are certainly no fun.
Luo Tien, an architect who owns two drones in Beijing, says some vehicle owners hire hackers to unlock digital blocks in their vehicles so they can take them anywhere they want, in most cases for leisure and fun.
“Some people seek thrill and adventure, and removing the height restrictions to fly over the limits can sound very tempting,” said Luo Tien, a Beijing architect who owns two drones. “It’s not that Beijing has some restrictions—Beijing is all about restrictions. Drones are prohibited in the entire urban area of Beijing, so you will have to go to suburbs such as Yanqing or Miyun if you want to fly one.”
Staying away from Beijing is probably a very smart move for drone pilots, as the courts have ruled that modifying flight blocks is against the law.
Reportedly, one such hacker—who unlocked drones for 21 pilots—was arrested in Fujian province in April 2022, and sentenced to six months in prison for “threatening national security and disturbing public order.” He was also fined $940 USD. Two hackers in Shanghai were sentenced just four months ago—one getting seven months in prison, and the other receiving five months in dentention.
“Drones are no longer just ‘flying cameras’, but ‘flying intelligent robots,'" reported the People’s Court Daily, citing China’s criminal code.
There could be more actions against drone hackers, as an anti-terrorism due to go into effect in January 2024, explicitly bans the modification of drones.
“People who are very passionate about drones will certainly be tempted and might take the risk," said a computer-engineering professor who wished to remain anonymous, "and there are also people who may do that so they can have access to information, or even for spying.”
Not surprisingly, American legal firms in Beijing feel these punishments are an extreme and unnecessary application of Chinese law.
“There is clearly a sense of paranoia that is driven by national security concerns," said James Zimmerman, a partner at Perkins Coie LLP. “For something to be a crime, there must be criminal intent. If someone used a drone to spy on China, for example, that's the criminal intent. But taking video of your friends at the Great Wall does not reflect the requisite criminal intent.
