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Cellebrite: Counsel’s Casebook: What the Drone Cases Teach About Evidence

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Extract from Cellebrite’s article “Counsel’s Casebook: What the Drone Cases Teach About Evidence”

When a drone incursion reaches a courtroom or an enforcement file, the aircraft itself is the evidence. The cases that built UAS practice turn on the same facts a forensic extraction reconstructs — where the drone flew, who flew it, and what it captured. For counsel advising critical-infrastructure targets, the lesson is consistent: the flight record decides the matter.

For attorneys advising energy operators, data centers, and the other sectors targeted in critical-infrastructure incidents, drone matters present a recurring evidentiary problem. The incursion is often undisputed — a perimeter system caught it, security recovered the aircraft. What is disputed is everything that matters: where the drone came from, who operated it, what it was doing there, and whether any of it can be proven to the standard a court or a regulator requires.

The cases that built UAS practice are, at bottom, cases about that record. This casebook walks a representative set and draws the through-line for counsel: the matter is won or lost on the quality of the flight evidence — and the methodology used to preserve it.

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