Aviation Cybersecurity Regulatory Approach In The European Union
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Key to the growth of aviation are the global, high levels of safety and security exercised by all stakeholders. However, as the aviation industry becomes more reliant on technology, which is increasingly becoming more interconnected, sophisticated and automated, the number of vulnerabilities is increasing, and this is impacting safety and security. This is because cyberattacks are becoming more prevalent, with the potential to cause accidents and incidents. Cybersecurity in aviation is becoming a serious issue that all aviation stakeholders must consider in order to protect contractual partners, third parties and themselves. In order to increase cybersecurity, regulators at all levels are beginning to react to the threat of cyberattacks. This book addresses the question whether the current regulatory approach in the European Union is appropriate for international civil air transportation. Based on a critical analysis of EU aviation law, as well as related international law, with particular emphasis on cybersecurity as a transversal topic, it will be argued that the current legal status quo is not appropriate and needs to be changed.
Cybersecurity by Federico Bergamasco,Roberto Cassar,Rada Popova Pdf
Cybersecurity Key Legal Considerations for the Aviation and Space Sectors Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules. Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices. The broad range of issues and topics covered includes the following and more: whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks; substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities; jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors; vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference; various challenges for critical infrastructure resulting from, e.g., its interdependency, cross-border nature, public-private ownership and dual civil-military uses; safety and security in international air transportation, with special attention to the Chicago Convention and its Annexes; aviation liability and compensation in cases of cyberattacks, and insurance coverage against cyber risks; review of malicious relevant actors, malicious cyber operations, the typical life cycle of a cyberattack and industry responses. This book clearly responds to the need to elaborate adequate legal rules for ensuring that the multiple inlets for malicious cyber operations and the management of cybersecurity risks are addressed appropriately. It will be welcomed by all parties involved with aviation and space law and policy, including lawyers, governments, regulators, academics, manufacturers, operators, airports, and international governmental and non-governmental organisations. Review / Testimonial: ”In conclusion, I highly recommend this book for all scholars and practitioners of space and aviation law who need (and we all do!) a highly accurate and comprehensive background to these issues of cybersecurity.” Larry Martinez / German Journal of Air and Space Law (Zeitschrift für Luft- und Weltraumrecht) issue 2, 2021
Unsettled Topics Concerning Airworthiness Cyber-Security Regulation by Aharon David Pdf
The certification process of the Boeing 787, starting in 2005, was a watershed for airworthiness regulation. The "Dreamliner," the first true "flying data center," could no longer be certified for airworthiness ignoring "sabotage," like the classic safety regulation for commercial passenger aircraft - as its extensive application of data networks, including enhanced external digital communication, forced the Federal Aviation Administration (FAA), for the first time, to set "Special Conditions" for cyber-security. In the 15 years that followed, airworthiness regulation followed suit, and all key rule-making, regulation-making, and standard-making organizations weighed in to establish a new airworthiness cyber-security superset of legislation, regulation, and standardization. The resulting International Civil Aviation Organization (ICAO) resolutions, U.S. and European Union (EU) legislation, FAA and European Aviation Safety Agency (EASA) regulation and the DO-326/ED-202 set of standards are about to become the new standards for legislation, regulation, and best practices as soon as 2020, and in fact - some of them are already in effect. This emerging superset of documents is now carefully studied by all relevant actors - including industry, regulators, and academia - as the aviation ecosystem moves forward with DO-326/ED-202-set training, gap-analysis, and even with certification itself. This report suggests a deeper analysis of these sets of regulatory documents and their effects on the aviation sector as they gradually become the law-of-the-land, starting with their expected effects on the aviation ecosystem, the issues they pose to supply chains, and the challenges they present to the airworthiness certification process itself. Then, this report examines the major DO-326/ED-202-set gaps, inherent dilemmas and methodological uncertainties. For each such unsettled domain, six aspects are reviewed. Finally, practical solution-seeking processes are proposed, and some specific potential frameworks and solutions are pointed out whenever applicable. It is the intention of this report that these insights and observations would assist regulators, applicants, and standard-makers throughout the early 2020s with accommodating this new regulation and start adjusting it to emerging realities.
Aviation in the Digital Age by Ruwantissa Abeyratne Pdf
All of the topics discussed in this book – from sovereignty to cybercrime, and from drones to the identification of passengers & privacy – are profoundly affected by algorithms; so are air traffic services and aeronautical communications. All of these aviation-related aspects are addressed in a 75-year-old treaty called the Chicago Convention and its Annexes, which, as this book argues, needs to be reviewed with a focus on its relevance and applicability in connection with Moore’s Law, which posits that transistors in computer microchips double in speed, power and performance every two years, while the cost of computers is halved during the same period. Firstly, in terms of traditional territorial sovereignty, we have arrived at a point where there is a concept of data sovereignty and ownership that raises issues of privacy. Data transmission becomes ambivalent in terms of territorial sovereignty, and the Westphalian model may not be the perfect answer. Whether it be the manufacture of airplanes, the transfer of data on individuals, or the transmission of aeronautical and telecommunications information – all have to be carried out in accordance with the same fundamental principle: duty of care. Against the backdrop of the relevant provisions of the Chicago Convention and its Annexes, the detailed analysis presented here covers key areas such as: megatrends; AI and international law in the digital age; blockchain and aviation; drones; aviation and telecommunications; aviation and the Internet; cybersecurity; and digital identification of passengers & privacy. In turn, the book suggests how we can best manage this transition.
Cybersecurity by Federico Bergamasco,Roberto Cassar,Rada Popova Pdf
Cybersecurity Key Legal Considerations for the Aviation and Space Sectors Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules. Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices. The broad range of issues and topics covered includes the following and more: whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks; substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities; jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors; vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference; various challenges for critical infrastructure resulting from, e.g., its interdependency, cross-border nature, public-private ownership and dual civil-military uses; safety and security in international air transportation, with special attention to the Chicago Convention and its Annexes; aviation liability and compensation in cases of cyberattacks, and insurance coverage against cyber risks; review of malicious relevant actors, malicious cyber operations, the typical life cycle of a cyberattack and industry responses. This book clearly responds to the need to elaborate adequate legal rules for ensuring that the multiple inlets for malicious cyber operations and the management of cybersecurity risks are addressed appropriately. It will be welcomed by all parties involved with aviation and space law and policy, including lawyers, governments, regulators, academics, manufacturers, operators, airports, and international governmental and non-governmental organisations.
Aviation Security Engineering by Rainer Kölle,Garik Markarian,Alex Tarter Pdf
Filling a critical gap in aviation engineering literature, this unique and timely resource provides you with a thorough introduction to aviation system security. It enables you to understand the challenges the industry faces and how they are being addressed. You get a complete analysis of the current aviation security standards ARINC 811, ED-127 and the draft SC-216. The book offers you an appreciation for the diverse collection of members within the aviation industry. Moreover, you find a detailed treatment of methods used to design security controls that not only meet individual corporate interests of a stakeholder, but also work towards the holistic securing of the entire industry. This forward-looking volume introduces exiting new areas of aviation security research and techniques for solving today's the most challenging problems, such as security attack identification and response.
Author : Paul Stephen Dempsey Publisher : Kluwer Law International B.V. Page : 257 pages File Size : 43,5 Mb Release : 2004-01-01 Category : Law ISBN : 9789041122650
Once a byword for the economic power of national government - with competition strictly regulated - European commercial aviation has now virtually become a market without state-imposed anticompetitive restrictions. Although intended to enhance competition, this situation has in fact driven airlines to form massive global alliances cartels that offer ever-shrinking benefits to the consumer. In this extraordinarily thorough, blow-by-blow analysis of how this happened ? or was allowed to happen ? one of the world?s most eminent aviation law authorities explores the subject with a lucid insight fully informed by historical breadth and a keen appreciation of current pressures. Commercial aviation emerges as the crucible par excellence of the convergence of prevailing global ideology, economics, and international law. Among the numerous interrelated topics investigated in depth by Professor Dempsey, the following may be mentioned: the principal actors, including scores of airlines, the European Union, and a number of air transport associations; the labyrinth of bilateral air transport agreements; the relevance of the Treaty of Rome?s competition rules and the EU merger regulations to air transport; the important Court of Justice cases that circumscribed the zone of application in which the competition rules can regulate air transport: French Seamen?s Case, Transport Policy Decision, Olympic Airway, Nouvelles Fronti?res, Ahmed Saeed, and the 2002 `Open Skies? Decision; the 1991 U.S.-EC agreement regarding the application of competition laws; the sequence of EU aviation regulatory `packages?; regulation of non-economic issues (air traffic congestion, noise limitations, air carrier liability, civil aviation accident/incident investigations, denied boarding compensation); the effect of the U.S. government?s increasing invocation of antitrust immunity; computer reservation systems (especially code-sharing procedures); jointly-owned web sites for ticket sales and other e-commerce joint ventures; frequent flyer program alliances; and the emergence of global megacarriers. The author?s presentation emphasizes the regulatory constructs that currently affect the European air transport market: pricing and tariffs, pooling of revenue, market access (licensing, capacity limits, traffic rights, slot allocation), ground handlings, cargo services, state aid, and the power of the EU to act on the commercial aviation world stage for Member States. Each of these areas of analysis begins with an overview of the general regulatory environment for that area followed by a detailed chronological delineation of relevant packages, proposals, resolutions, and regulations. Because of the enormous role played by international air transport with respect to gross national product, employment, and energy consumption, European Aviation Law is of great importance not only to European lawyers but to officials, policymakers, practitioners, and academics in a number of relevant fields worldwide.
Aviation Security, Privacy, Data Protection and Other Human Rights: Technologies and Legal Principles by Olga Mironenko Enerstvedt Pdf
This book sheds light on aviation security, considering both technologies and legal principles. It considers the protection of individuals in particular their rights to privacy and data protection and raises aspects of international law, human rights and data security, among other relevant topics. Technologies and practices which arise in this volume include body scanners, camera surveillance, biometrics, profiling, behaviour analysis, and the transfer of air passenger personal data from airlines to state authorities. Readers are invited to explore questions such as: What right to privacy and data protection do air passengers have? How can air passenger rights be safeguarded, whilst also dealing appropriately with security threats at airports and in airplanes? Chapters explore these dilemmas and examine approaches to aviation security which may be transferred to other areas of transport or management of public spaces, thus making the issues dealt with here of paramou nt importance to privacy and human rights more broadly. The work presented here reveals current processes and tendencies in aviation security, such as globalization, harmonization of regulation, modernization of existing data privacy regulation, mechanisms of self-regulation, the growing use of Privacy by Design, and improving passenger experience. This book makes an important contribution to the debate on what can be considered proportionate security, taking into account concerns of privacy and related human rights including the right to health, freedom of movement, equal treatment and non-discrimination, freedom of thought, conscience and religion, and the rights of the child. It will be of interest to graduates and researchers in areas of human rights, international law, data security and related areas of law or information science and technology. I think it will also be of interest to other categories (please see e.g. what the reviewers have written) "I think that the book would be of great appeal for airports managing bodies, regulators, Civil Aviation Authorities, Data Protection Authorities, air carriers, any kind of security companies, European Commission Transport Directorate, European Air Safety Agency (EASA), security equipment producers, security agencies like the US TSA, university researchers and teachers." "Lawyers (aviation, privacy and IT lawyers), security experts, aviation experts (security managers of airports, managers and officers from ANSPs and National Aviation Authorities), decision makers, policy makers (EASA, EUROCONTROL, EU commission)"
Author : Elmar Maria Giemulla,Ludwig Weber Publisher : Kluwer Law International B.V. Page : 818 pages File Size : 46,7 Mb Release : 2011-01-01 Category : Law ISBN : 9789041126450
International and EU Aviation Law by Elmar Maria Giemulla,Ludwig Weber Pdf
This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.
European Commission. Directorate-General for Energy and Transport
Author : European Commission. Directorate-General for Energy and Transport Publisher : Luxembourg : Office for Official Publications of the European Communities Page : 20 pages File Size : 47,5 Mb Release : 2005 Category : Aeronautics ISBN : UOM:39015061027515
Flying Safely in Europe by European Commission. Directorate-General for Energy and Transport Pdf
The safety and security of aircraft operations is of great importance to all European citizens. Maintaining confidence in what is already one of the safest aviation regions in the world is critical to the continued development of the common EU aviation market and to the free movement of people within it, as well as to the economic growth of the companies which depend on it. This brochure outlines the measures taken by the European Union to develop common, legally binding rules for aviation within this common market. These concern both the safety of civil aviation, concerning technical aspects of equipment and its operation, and security - responding to the increased threat of malicious attacks on aircraft and their passengers and crew.
Globalization and Regional Integration by Alan Dobson Pdf
How was the European airline industry transformed from national fragmentation in 1957 to a point in 2006 where the European Commission could negotiate with the US for an Open Aviation Area on behalf of all twenty five members of the European Union? What can explain the change in mindset that saw conservatism and the tight regulation of the airline industry replaced with increased competitiveness and the subsequent rise of the low cost no-frills airline? In his new book, Alan P. Dobson draws from a mass of European documentation, including interviews with officials and airline executives and a unique collection of personal papers, to answer these questions. Dobson traces the liberalization of the airline industry from the 1970s right through to the present day, illustrating how integration came about and which forces were driving it. The approach is comprehensive, focusing on the work of the Commission, market forces, the voices of airline industry interests and on key individuals in the policy making process. The story concludes with an overview of the attempts by the EU and the US to create an Open Aviation Area that would embrace their respective airline industries allowing free operation of services throughout their territories and mutual ownership and control of each others airlines. This book is a key resource for students and researchers interested in aviation and international policy, as well as academics engaged with European integration, globalism and economic history.
Author : Pablo Mendes de Leon Publisher : Kluwer Law International B.V. Page : 573 pages File Size : 55,8 Mb Release : 2022-08-11 Category : Law ISBN : 9789403547336
Introduction to Air Law by Pablo Mendes de Leon Pdf
The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.
Author : Benjamyn I. Scott Publisher : Kluwer Law International B.V. Page : 495 pages File Size : 44,8 Mb Release : 2022-07-12 Category : Law ISBN : 9789403545837
The Law of Unmanned Aircraft Systems by Benjamyn I. Scott Pdf
Aerospace Law and Policy Series, Volume 11 In recent years, few industries have grown so prodigiously as that of unmanned aircraft systems (UAS) and, as a result, developments in national, regional, and international law and policy are being initiated and implemented. This new edition of the definitive survey and guide, first published in 2016, reflects the expansion of this sector and the importance placed on it by a diverse range of stakeholders, as well as the enlarged regulatory and policy landscape. In addition to updating many of the original chapters, the second edition covers new topics and moves away from a purely introductory book to a more detailed and critical compendium. Authorship has also been extended beyond the original scope of contributors, which originally centred around those affiliated with Leiden University’s Institute of Air and Space Law, and now includes additional experts from all around the world, each of whom explores both already existing rules and proposals coming from national, regional and international levels. As well as broadened discussions on such fundamental legal issues as insurance, financing, liability, accidents investigation, privacy, cyber security, stakeholder organisations and industry standards, the second edition takes into account major recent developments in such areas as the following: applicability and relevance of international regulatory instruments; coming into force of the European Union UAS-related laws; evolution of different States’ national law; public safety (e.g., design, production, operation and maintenance); development of unmanned traffic management systems; commercial operations, including urban air mobility (e.g., flying taxis, cargo delivery, high-altitude activities); and developments in defence and security (e.g., dual-use, counter-UAS industry to combat illegal use). As in the first edition, a representative cross section of national laws is included, covering twenty-one different jurisdictions. This fully updated edition not only synthesises and clarifies the complex body of international, regional and national UAS-related law, but also provides expert insight into trends and areas of concern for numerous stakeholders. Without a doubt, it will be of immeasurable value to lawyers, relevant governmental and non-governmental agencies, aviation law scholars, and strategic planners in the wider aviation and transport industries.
Cybersecurity in the European Union by George Christou Pdf
Cybercrime affects over 1 million people worldwide a day, and cyber attacks on public institutions and businesses are increasing. This book interrogates the European Union's evolving cybersecurity policies and strategy and argues that while progress is being made, much remains to be done to ensure a secure and resilient cyberspace in the future.