Orlando, Florida – United States Attorney Roger B. Handberg announced yesterday the filing of a criminal information (indictment) charging 71-year-old Canadian citizen Xiao Guang Pan with three counts of using an unmanned aircraft to photograph vital defense installations and equipment without authorization.
If convicted, Pan faces a maximum penalty of one year in federal prison for each count.
According to the criminal indictment, Pan used an unmanned aircraft to capture aerial photographs of sensitive areas within Cape Canaveral Space Force Base on three separate days in January 2025. The specific locations photographed include space launch complexes, a payload processing facility, a submarine wharf, and munitions bunkers. Federal law prohibits taking unauthorized photographs of vital defense installations or equipment.
This case is being investigated by multiple agencies, including Homeland Security Investigations, the Air Force Office of Special Investigations, and the Federal Bureau of Investigation. Additional assistance has been provided by the Federal Aviation Administration (FAA), U.S. Customs and Border Protection, the Federal Air Marshals Service, the NASA Office of Inspector General, and the Brevard County Sheriff’s Office. Assistant United States Attorney Richard Varadan is prosecuting the case.
The investigation is ongoing, and further details may emerge as the case progresses. Unauthorized use of unmanned aircraft systems, especially in sensitive areas such as military installations, poses significant security risks and is subject to strict legal penalties. This incident underscores the importance of adhering to regulations governing the operation of drones near critical infrastructure.
Drone pilots, whether recreational or commercial (Part 107), are governed by FAA regulations and are required to follow airspace rules. This generally includes checking the airspace before a flight to determine whether it is controlled or restricted, keeping drones within line of site, and not flying higher than 400 feet. The airspace over and around the Cape Canaveral Space Force Station is classified as “Restricted”, meaning that entry is generally forbidden without authorization.
The immediate vicinity around Port Canaveral, which includes the area of the naval Cape Canaveral base falls within that restriction. Additionally, numerous signs stating “No Drone Zone” can be found in many areas around the Kennedy Space Center and Cape Canaveral Space Force Station. Additionally, local ordinances prohibit drone flight in and around Port Canaveral:
Any violations of airspace will fall in the purview of the FAA, and will likely carry separate penalties from any National Security violations. FAA penalties often involve very steep fines, but not jail time.
Pan’s indictment reminds all drone operators to comply with all local regulations, airspace requirements, as well as regulations designed to protect national security interests.
