Light Blogging This Week
Res Communis will be taking a short vacation this week, so expect light blogging. Don’t worry though, we’ll be back next week.
Library: A Round-up of Reading
Space Law
PFUR in Space Law Moot Court 2012 – You Tube
White House Threatens to Veto House CJS Appropriations Bill – Space Policy Online
White House criticizes commercial crew language and funding in House bill – Space Politics
Next steps in export control – Space Politics
Satellite Communications Intellectual Property Fire Sale – IPinSpace
HASC Restores ORS and STP Funding, Sharply Cuts PTSS – Space Policy Online
House Passes FY2013 CJS Bill, Replaces Sequester for DOD with Other Cuts – Space Policy Online
House Passes NASA Budget Bill – Minus A Few Hundred Million – NASA Watch
Rohrabacher-Wolf exchange on commercial crew – RLV and Space Transport News
House passes CJS appropriations bill – Space Politics
Aviation Law
Federal Aviation Administration Aims at Simplifying Its Airport Design Standards – Aviation and Airport Development Blog
Americans’ Challenge to No-Fly List Gets Day in Court – Threat Level
USAF Drones May Conduct “Incidental” Domestic Surveillance – Secrecy News
Oops! Air Force Drones Can Now (Accidentally) Spy on You – Threat Level
App Enables Users to File Complaints of Airport Profiling – PrawfsBlawg
Geospatial Law
AIR FORCE INSTRUCTION 14-104: OVERSIGHT OF INTELLIGENCE ACTIVITIES
The Spatial Law and Policy Update (May 9, 2012) – Spatial Law and Policy
Cyberlaw
Significant Cyber Attacks on Federal Systems — 2004-present – Lawfare
Toward a Greater Understanding of Internet Activism through Public Choice, Economics – TachFreedom
What Is A Cyber Threat? – Secrecy News
Interpol Promises New Center to Fight the E-Mob – IEEE Spectrum
California, Congress Move to Keep Facebook Passwords Private From Employers – Threat Level
Update on the “Military Activities in Cyberspace” Provision in the HASC NDAA Bill – Lawfare
H.R. 5715: To amend the Pension Protection Act of 2006 to extend special funding rules for certain plans maintained by commercial airlines, and for other purposes
H.R. 5715: To amend the Pension Protection Act of 2006 to extend special funding rules for certain plans maintained by commercial airlines, and for other purposes was introduced on May 10, 2012 by Rep. Robert “Rob” Andrews (D-NJ1).
S. 3074: A bill to prohibit employers from compelling or coercing any person to authorize access to a protected computer, and for other purposes
S. 3074: A bill to prohibit employers from compelling or coercing any person to authorize access to a protected computer, and for other purposes was introduced on May 9, 2012 by Sen. Richard Blumenthal (D-CT).
In Memoriam: Nicholas Katzenbach
We are sad to report that former U.S. Attorney General Nicholas Katzenbach has passed away. Katzenbach was a prominent figure in the Civil Rights, and, while serving as deputy attorney general, was present for the integration of the University of Mississippi. The New York Times obituary states:
That September, in the face of riots, he was sent to the University of Mississippi to enforce a federal court order requiring the university to admit its first black student, James Meredith.
“If things get rough, don’t worry about yourself,” Robert Kennedy told him jokingly, according to Arthur M. Schlesinger Jr. in “Robert Kennedy and His Times.” “The president needs a moral issue.”
After rioting began at Ole Miss, the president called in federal troops. “A bone-weary Katzenbach was talking with President Kennedy when joyous shouts went up that regular troops had been sighted” outside the administration building, Taylor Branch wrote in “Parting the Waters: America in the King Years 1954-63.” Mr. Meredith was ultimately admitted.
Katzenbach was also a figure in early Space Law Research. Below is the cover of a report that he worked on for the American Bar Foundation titled Memorandum on the Legal Problems in the Explortion of Outer Space. It along with correspondence dealing with the report can be found in the Andrew G. Haley collection in the Space Law Archive at the University of Mississippi School of Law.
South Korea to Address North Korea GPS Jamming
Source – GPS Daily:
GPS NEWS
S. Korea to urge N. Korea to stop GPS jamming
by Staff Writers
Seoul (AFP) May 9, 2012South Korea said Wednesday it would send formal complaints to North Korea and to UN agencies, urging Pyongyang to stop sending GPS jamming signals that have affected hundreds of civilian flights.
The regulatory Korea Communications Commission will send a letter of complaint to Pyongyang while other agencies will contact the international organisations, the transport ministry said in a statement. . . . [Full Story]
Event: ITAR Panel
A panel on ITAR will be held this Thursday:
On Thursday, May 10th, at 1 pm, the Commercial Space Transportation Advisory Committee’s Export Controls Working Group will hold a panel discussion exploring the contents and impact of the ‘1248 report’ recently issued by the Department of State and the Department of Defense. The 1248 report, which export control reform advocates have been waiting nearly two years for, provided a favorable assessment relative to changing the U.S.’s current policies towards space-related systems and services (for more information on the 1248 report, a couple of links are provided below). Panelists will include Congressman C.A. Dutch Ruppersberger (D-MD, Ranking Member of the House Select Committee on Intelligence); Lou Ann McFadden, Chief, Strategic Issues Division, DTSA Policy Directorate; David Fite, Senior Professional Staff Member, U.S. House Committee on Foreign Affairs; and Patricia Cooper, President of the Satellite Industry Association. The meeting is free and open to the public, and will take place at the National Housing Center, located at 1201 15th St., NW, Washington, DC. For more information, feel free to contact Mike Gold at mgold@bigelowaerospace.com.
Spaceport America/SpaceShipTwo Environmental Assessment
The FAA has made available the Final Environmental Assessment for the Launch and Reentry of SpaceShipTwo Reusable Suborbital Rockets at the Mojave Air and Space Port. The Federal Register notice is also available.
Federal Register: Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support
The FCC published a rule on the Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support (PDF) in today’s Federal Register (77 Fed. Reg. 26987-26989):
SUMMARY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission’s Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support, Report and Order, (Order), released on November 18, 2011. The Commission submitted revisions to information collections under control number 3060-0986 to the OMB for review and approval, as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), 77 FR 13320, March 6, 2012, which were approved by the OMB on April 16, 2012. This notice is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules once it receives OMB approval. This document also notifies Eligible Telecommunications Carriers and other stakeholders that information filed pursuant to Sec. 54.313(a)(2) through (a)(6) and (h) of the Commission’s rules must be filed by July 2, 2012.
US Air Force Instruction Re: Domestic Commercial Imagery and Domestic Archived Imagery
Source: Secrecy News
Instruction available at Federation of American Scientists
AIR FORCE INSTRUCTION 14-104
23 APRIL 2012
Intelligence OVERSIGHT OF INTELLIGENCE ACTIVITIES
3.4. This instruction applies to non-intelligence units or staffs, such as Eagle Vision, operating systems that acquire and disseminate commercial satellite products to intelligence units and staffs. 9. Domestic Imagery. Air Force components may, at times, require newly collected or archived domestic imagery to perform certain missions. Domestic imagery is defined as any imagery collected by satellite (national or commercial) and airborne platforms that cover the land areas of the 50 United States, the District of Columbia, and the territories and possessions of the US, to a 12 nautical mile seaward limit of these land areas. 9.1. Collecting information on specific targets inside the US raises policy and legal concerns that require careful consideration, analysis and coordination with legal counsel. Therefore, Air Force components should use domestic imagery only when there is a justifiable need to do so, and then only IAW EO 12333, the National Security Act of 1947, as amended, DoD10 AFI14-104 23 April 2012 5240.1-R, and this instruction. The following generally constitute legally valid requirements for domestic imagery:
9.1.1. Natural Disasters. Locations in support of government planning for, emergency response to, or recovery from events such as tornadoes, hurricanes, floods, mudslides, fires, and other natural disasters.
9.1.2. Counterintelligence, Force Protection, and Security-related Vulnerability Assessments. Requirements in support of critical infrastructure analysis on federal or private property where consent has been obtained as appropriate.
9.1.3. Environmental Studies. Requirements in support of studies of wildlife, geologic features, or forestation, or similar scientific, agricultural, or environmental studies not related to regulatory or law enforcement actions.
9.1.4. Exercise, Training, Testing, or Navigational Purposes. Requirements for imagery coverage in support of system or satellite calibration, sensor evaluation, algorithm or analytical developments and training or weapon systems development or training.
9.2. Domestic Imagery from National Satellites. The National Geospatial-Intelligence Agency (NGA) is responsible for the legal review and approval of requests for the collection and dissemination of domestic imagery from national satellites. Air Force components must follow policy and procedures established in the National System for Geospatial Intelligence Manuals CS 9400.07, Domestic Imagery. Air Force components must submit a PUM each year to NGA that defines the requirements for domestic imagery, outlines its intended use, and includes a proper use statement acknowledging awareness of legal and policy restrictions regarding domestic imagery. NGA will review the PUM to ensure it constitutes a legally valid requirement for domestic imagery. Air Force components must submit a Domestic Imagery Request (DIRs) to NGA for any ad hoc domestic imagery requirements that fall outside the scope of an approved PUM.
9.3. Domestic Imagery from all DoD imagery Satellite Platforms. An approved PUM must be on file with the appropriate Combatant Command, per their procedures, or with the appropriate Air Force MAJCOM or FOA (or delegated/designated sub-component PUM authority) before airborne or tactical DoD satellite platforms can be tasked to collect domestic imagery. Note that Tactical Satellites (TacSats) are considered to be “airborne” platforms. These PUMs must be IAW the format instructions found in Attachment 4. Approval for PUM requests is hereby delegated to MAJCOM and FOA commanders. Legal review at MAJCOM/FOA level is required before approval and reviews should be filed with the approved PUM requests. In the event of an emergency or crisis where US Northern Command (USNORTHCOM) is designated as lead DoD Operational Authority, all related requests for domestic imagery from airborne or tactical DoD satellite platforms must be coordinated with USNORTHCOM to ensure compliance with proper use provisions. Air Force components must submit a PUM request through the MAJCOM to the designated approval authority for any ad hoc DIR. (see paragraph 9.6. for an exception to this paragraph).
9.4. Domestic Imagery from Commercial Satellites. Air Force intelligence components may obtain domestic commercial imagery without higher-level approval for valid mission purposes such as training or testing on federally owned and operated ranges, calibration- AFI14-104 23 April 2012 11 associated systems development activities, and domestic disaster relief operations. However, an internal memorandum for record (MFR) describing the purpose of the domestic imagery and the component official approving the use should be retained on file. If obtained imagery specifically identifies a US person (include private property), then the rules and procedures contained in DoD 5240-1.R, in particular those regarding retention, must be followed. Air Force intelligence components must not conduct or give the appearance of conducting collection, exploitation or dissemination of commercial imagery or imagery associated products for other than approved mission purposes.
9.5. Distribution of Domestic Imagery. Distribution of domestic imagery to parties other than those identified in the approved PUM, DIR or MFR is prohibited, unless the recipient is reasonably perceived to have a specific, lawful governmental function requiring it IAW paragraph 11.4. Unless otherwise approved, domestic imagery must be withheld from all general access database systems (e.g., Intelink).