Transportation System Disruption News

Over the past two months the world has been rocked by three major hacking events that have garnered international notice. These included the EQIFAX event in which 140 million individuals were reported to be possibly compromised, the WannaCry attack and the NotPeyta event. In the past two years the emphasis on the cyber security of the Marine Transportation System, a vital economic cog to the world has come under increasing scrutiny. In August, trade journals and major international…

The maritime community is no more immune from cyber threats than any other entity that relies on computers and the internet. The maritime industry, though, constitutes part of the world’s critical infrastructure. Thus, the consequences of a successful cyber-attack on a maritime entity could be far greater than a successful cyber-attack on, for instance, a bakery. Consequently, it is important that the maritime sector and its numerous constituents adopt reasonable measures to deter, detect, and recover from cyber-attacks. Currently, much of the world’s attention is focused on terrorism. Cyber-attacks by terrorists are a real threat and steps must be taken to counter them. More commonly, though, cyber-attacks are launched by criminals, nation-states, and corporate spies.

For the past several years, maritime security has been on everyone's mind. From the halls of Congress to the longshoremen working the midnight shift, the threat of a possible terrorist attack on the maritime interests of the United States and dealing with new security requirements have kept this topic on the front burner. While most in the maritime industry are relatively aware of the legislation that has been promulgated since the terrorist attacks of September 11, 2001, new evolving legislation continues to be implemented. In this regard, the most recent legislation that addresses the continuing implementation of the maritime security regime is the Coast Guard Authorization Act of 2008, HR 2830 (the "Bill").

After a series of procedural maneuvers, the 107th Congress adopted the Maritime Transportation Security Act as one of its final bills prior to adjournment. President Bush signed measure into law on November 25, 2002 (Public Law 107-295). The new law represents the most significant expansion of maritime and port security authority since enactment of the so-called Magnuson Amendment in 1950. This Act contains a number of provisions authorizing the Coast Guard and other agencies to establish maritime security standards and mandate certain security enhancements to be undertaken by maritime industry. The Act requires facility and vessel vulnerability assessments to be done by the Coast Guard.

After two years of machinations within Congress, involving various federal agencies and with some input from the private sector, the United States finally has a Maritime Transportation Security Act. This measure, when fully implemented, will impose broad security requirements on the maritime industry. It will also put the United States out of step with other nations with regard to various aspects of maritime security. This bill is a combination or synthesis of measures adopted separately by the Senate and the House of Representatives. The Senate passed the Port and Maritime Security Act of 2001 on December 20, 2001. The Maritime Transportation Antiterrorism Act of 2002 passed the House of Representatives on June 4, 2002.

In the Maritime Transportation Security Act (MTSA), signed into law on November 25, 2002, Congress directed the U.S. Coast Guard to, among other things, establish a vessel security plan requirement for appropriate vessels operating in United States waters. Congress broadly defined the vessels that should have security plans as those that the Secretary (of the Department in which the Coast Guard is operating) believes may be involved in a transportation security incident. A 'transportation security incident' is defined as a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.