Yeah, maybe it isn't easy to make the AI distinguish "aggressive behaviour", or even do good visual ID. But how's this for a use case:
Simply declare a restricted airspace, where every plane needs to have transponder replying correctly to some challenge-response authentication protocol. Distribute transponders to allies. Tell about zone in the evening news, so that everyone knows. Then program drones to shoot down anything that doesn't respond correctly.
I'm pretty sure that it's a lot cheaper to design and build drone with same performance characteristics as top A2A fighter, there's so much that you don't have to worry about: human rating everything (you don't have to make so damn sure that everything works without the hitch first time), all the control systems that you have to build the pilot an interface to (radar, etc.), the cocpit..
I'm sure those will easily pay for developing a competitive fighting-AI.
Who cares whether it's subpoena or warrant, thats not the point.
The point is, you can't compel international company to break law in another country, f. ex. suppose chinese court would order (subpoena?) microsoft to hand over emails and pictures of a known political dissident, that are kept on US server, what the hell do you expect microsoft do? comply? stop doing business in any country that has laws that conflict those of US? It's _very_ easy to imagine such scenarios, in all areas really, patent law, finance, whatever.
I think the only real solution is those MLATs, or international agreements on handing over data. Or maybe, in future, an international court, that could issue subpoenas valid in all member nations, when investigating crimes with similar enough laws in member nations.