Article
Detection vs. mitigation authority
Detection and mitigation have different legal requirements. Qualifying SLTT agencies may have conditional mitigation pathways. Under 28 CFR 124.4, contractors cannot operate mitigation systems or execute mitigation actions for those agencies.
Why this matters
A buyer guide to why the legal line matters — and where contractors stop. Buyers comparing OEMs, integrators, and in-house builds need clear language before procurement documents harden the wrong assumptions.
A procurement decision, not a product label
Before purchasing, ask what the system actually does: senses emissions, captures communications, tracks an object, transmits, interferes, takes control, or physically affects an aircraft. A passive or active marketing label does not settle legality.
Allocate responsibilities in writing
Identify the operator’s authority, required approvals, response procedures, and contractor role. Qualifying SLTT agencies have specific requirements; contractors may support technology but cannot exercise their mitigation authority. Detection services that do not require the Act’s authority are addressed separately in 28 CFR 124.4.
Continue the review
The regulatory explainer summarizes the authority boundaries. The interagency advisory discusses functionality and use. Counsel review is pending.