To grasp the issue, we need to examine both the firmware update that DJI released for the drones in question as well as the Federal Aviation Authority's (FAA) extensive regulations regarding drones.

Firstly, regarding the firmware updates: The release notes for the DJI Mini 4 Pro update on December 2, 2023, can be found here, and the notes for the DJI Mini 3 update on January 25, 2024, are available here.

With the increasing number of drones buzzing around the skies, the FAA determined a need for a system that would enable drones in flight to broadcast identification and location information to various parties, including but not limited to, other pilots, the FAA, and law enforcement and other federal agencies.

The mandate for Remote ID was legislated, with a compliance deadline of September 16, 2023. Drones requiring registration, used for recreation, business, or public safety, needed to adhere.

To answer this, we delve into the FAA's regulations once more. Two key pieces of guidance emerge:

• All drones must be registered, except those that weigh 0.55 pounds or less (less than 250 grams) and are flown under the Exception for Limited Recreational Operations.
• Drones registered under the Exception for Limited Recreational Operations cannot be flown under Part 107.

What this means is that if you're a recreational flyer with a drone under 0.55 pounds/250 grams, you don't need Remote ID. However, commercial drone pilots must comply with Part 107 rules (yes, more rules), and their drones must have Remote ID.

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Note that both the Mini 3 and Mini 4 Pro are sub-250-gram drones when equipped with the standard battery. DJI also offers a larger, heavier Intelligent Flight Battery Plus, which increases the drone's weight beyond 250 grams.

Revisiting the wording in the release notes:

Added support for automatically activating the US Remote ID only when the aircraft is used with an Intelligent Flight Battery Plus.

This means recreational pilots flying a Mini 3 or Mini 4 Pro with a standard battery don't require Remote ID. However, the introduction of a larger battery triggers the Remote ID automatically.

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This is acceptable for recreational use.

The problem arises for commercial pilots. When flying with the standard battery, the drone still requires Remote ID for commercial purposes, but there's no manual activation option, as it's automatically controlled, rendering the drone non-compliant.

Bottom line, commercial pilots operating under Part 107 flying the Mini 3 or Mini 4 Pro must kit their drones with an Intelligent Flight Battery Plus to remain lawful.

If flying without the Intelligent Flight Battery Plus, then yes.

It seems likely. I've reached out to DJI for a statement and will provide updates upon response.

You have a few options.

No. 

If you fly with the standard battery then your Mini 3 of Mini 4 Pro will be below 250 grams and you don't need Remote ID. If you fit the bigger battery, then Remote ID will be automatically activated for you.