Maritime Cybersecurity: What Next?
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.
Eleventh Amendment and Limitation of Liability
The U.S. Court of Appeals for the Tenth Circuit ruled that the Eleventh Amendment to the U.S. Constitution does not prevent a ship owner from pursuing a limitation of liability claim where one of the claimants is a state. In the instant case, the State of Oklahoma brought suit in state court against the owner of a tugboat that allided with a highway bridge, resulting in severe damage to the bridge and the deaths of various persons. Defendant tugboat owner removed the case to federal court. The state contended that, under the Eleventh Amendment, a state cannot be prohibited from pursuing its claim in state court and cannot be forced to pursue its claim in federal court. The federal appellate court held that the Eleventh Amendment is a shield, not a sword.
FMC – Petition for Stay Denied in PRPA Case
The Federal Maritime Commission (FMC) released the order of an Administrative Law Judge (ALJ) denying the petition of Puerto Rico Ports Authority (PRPA) for a stay pending its appeal to the US Court of Appeals for the District of Columbia Circuit. The issue involves the claim by PRPA that it is an arm of the Government of the Commonwealth of Puerto Rico and, thus, entitled to sovereign immunity. The Commission ruled against PRPA on that issue. The PRPA has appealed to the federal appellate court and sought a stay of the FMC enforcement action pending a decision from the court. The ALJ has now denied the petition for a stay, but has authorized PRPA to immediately appeal that denial to the Commission. Source: HK Law
Supreme Court Orders Review Of W. Coast Tanker Rules
INTERTANKO's long fight to overturn what it sees as unfair and damaging tanker legislation in the U.S. West Coast region is gaining ground, as on Friday, September 10, 1999, the U.S. Supreme Court issued a writ to the federal appellate court that reviews decisions in the western U.S. directing a review of that court's disposition of litigation challenging tanker regulations imposed by the State of Washington. The challenged Washington State regulations imposed on U.S. and foreign tankers carrying oil in Washington waters a number of unique regulations governing on-board equipment, technology, crew training and qualifications, and operational requirements.
Supreme Court Orders Review Of West Coast Tanker Rules
The proliferation of national, regional and local regulations which effectively dictate the design and outfitting of oceangoing ships are viewed with great disdain by the international shipping community, which contends that - given the shipping industry's global nature - that only one organization, the International Maritime Organization (IMO), should be empowered to implement sweeping changes. Local populations and politicians, however, who view ships at sea as a real threat to valuable local environmental havens - whether deserved or not - attempt to staunchly defend their territory under the shield of restrictive rules and regulations.
INTERTANKO Applauds U.S. Supreme Court Action
On Friday, September 10, 1999, the United States Supreme Court issued a writ to the federal appellate court that reviews decisions in the western U. S. directing a review of that court's disposition of litigation challenging tanker regulations imposed by the State of Washington. INTERTANKO had petitioned the Supreme Court for issuance of the writ. The challenged Washington State regulations imposed on U.S. and foreign tankers carrying oil in Washington waters a number of unique regulations governing on-board equipment, technology, crew training and qualifications, and operational requirements. INTERTANKO brought suit in 1995 challenging these rules as being constitutionally invalid given the substantial federal presence in the same areas of regulation.
