Aviation Law: New UK Statutory Instruments
The U.K. Parliament has adopted two new aviation related statutory instruments:
Geospatial Law
EE denies selling user data to tracking firm – The Inquirer
The U.K. Parliament has adopted two new aviation related statutory instruments:
Geospatial Law
EE denies selling user data to tracking firm – The Inquirer
A Bills Digest for the Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Bill 2013 before the Australian Parliament has been released.
Source – U.S. State Department:
Joint Statement on U.S.-Japan Cyber Dialogue
Media Note
Office of the Spokesperson
Washington, DC
May 10, 2013Share on facebookShare on twitter
ShareThe text of the following statement was released by the Governments of the United States of America and the Government of Japan on the occasion of the first U.S.-Japan Cyber Dialogue.
Begin Text:
The Governments of the United States and Japan held the first U.S.-Japan Cyber Dialogue in Tokyo on May 9-10, 2013.
The U.S.-Japan Cyber Dialogue, initiated at the Presidential-Prime Ministerial level, reflects our nations’ broad engagement and long-standing cooperation on important bilateral and global issues. The Cyber Dialogue is a consultation for exchanging cyber threat information, aligning international cyber policies, comparing national cyber strategies, cooperating on planning and efforts to protect critical infrastructure, and discussing the cooperation on cyber areas in national defense and security policy.
The U.S.-Japan Cyber Dialogue deepened bilateral cooperation on a wide range of cyber issues and strengthened the U.S.-Japan Alliance by:
Exchanging information on cyber issues of mutual concern and discussing possible cooperative measures.
Affirming common objectives in international cyber fora, especially the application of norms of responsible state behavior in cyberspace.
Supporting the development of practical confidence-building measures and the implementation of national whole-of-government cyber strategies in an effort to reduce risk in cyberspace.
Confirming support for the preservation of openness and interoperability enhanced by the multi-stakeholder system of Internet governance.
Coordinating cooperation on cyber capacity-building efforts in third countries.
Identifying actions governments and private sector entities can take to secure critical infrastructure.
Addressing the increasing role of cyber defense in national defense and security strategies and discussing new areas of bilateral cyber defense cooperation.The U.S.-Japan Cyber Dialogue was hosted by Japan’s Ambassador in charge of Cyber Policy Osamu Imai and included a wide range of senior officials from the Government of Japan, including from the Ministry of Foreign Affairs; Cabinet Secretariat (National Security Affairs and Crisis Management); the National Information Security Center; Cabinet Intelligence and Research Office; the National Police Agency; the Ministry of Internal Affairs and Communications; the Ministry of Economy, Trade and Industry; the Ministry of Defense; and from the METI-affiliated Information-technology Promotion Agency. The U.S. Secretary of State’s Coordinator for Cyber Issues, Christopher Painter, led the U.S. government interagency delegation, which included representatives from the Department of State, the Department of Homeland Security, the Department of Justice, and the Department of Defense.
Ambassador Imai and Coordinator Painter decided to hold the second U.S.-Japan Cyber Dialogue in Washington during the fourth quarter of 2013.
PRN: 2013/0545
Source – AzerNews:
Azerbaijan’s accession to space treaty to expand its cooperation links (UPDATE)
13 May 2013, 20:26 (GMT+05:00)By Nigar Orujova
Azerbaijan’s accession to the treaty on principles for the activities of countries in the use of outer space will expand its international cooperation links, the national space agency Azercosmos said Monday.
The intergovernmental agreement will help to accelerate the growth of the country’s activities in the outer space from both the economic and scientific point of view, and also serve as logistics in the space industry.
It will also provide favorable conditions for meeting the objectives set out in the state program on the creation and development of the space industry in Azerbaijan.
The Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies, has been ratified by the Parliament and approved by the President. . . . [Full Story]
Source – Roger Williams University:
Cyber Threats & Cyber Realities
Law, Policy and Regulation in Business, the Professions and National SecurityAn Institute on the legal and policy landscape of cyber risks – foreign and domestic
June 17 – 20, 2013 at Roger Williams University; Bristol, R.I.
President Obama’s Executive Order (EO) has pushed cybersecurity to the top of the domestic and international security agenda. It has taken center stage not only for government, but for business and the professions as well, as the EO requires goverment and industry to agree by December 2013 on a cybersecurity framework, with the Department of Homeland Security (DHS) and Commerce Department taking the lead. In an unprecedented move, White House National Security Advisor Tom Donilon recently called on China to stop cyber intrusions that have harvested infomation about critical U.S. infrastructure and pilfered trade secrets. The U.S. military’s growing Cyber Command eyes international law on the use of force, while the longtime “Title 10 – Title 50″ debate on military versus covert action hovers over domestic law authorities. Whenever government and business seek to regulate the massive data at risk from cyber intrusions, privacy and civil liberties issues emerge.
Cyber crime has also proliferated, through burgeoning efforts to steal trade secrets, undermine privacy and confidentiality in health care and legal data, and defraud consumers. While cyber is increasingly important, only a few experts and practitioners have a working knowledge of how cyber interacts with law, policy, and regulation. Cyber Threats and Cyber Realities fills that gap.
Cyber Threats and Cyber Realities, jointly sponsored by the Roger Williams University School of Law and School of Justice Studies, will be an interactive forum with nationally known experts and practitioners on cyber law, policy, and regulation. Organized in two two-day modules, attendees will learn about domestic law and policy on June 17-18. International law and national security will be the focus on June 19-20. In addition to informative panels, each module will include a capstone experience in the form of a simulation that offers participants an opportunity to collaborate in resolving a regulatory challenge or national security crisis. View Full Schedule
Space Law
Legal expert calls for update to city’s space laws – South China Morning News
Christopher M. Stone, NASA, export control, and collaboration: a bit of clarification, The Space Review
Michael J. Listner, Revisiting the preservation of Tranquility Base and other historic sites on the Moon, The Space Review
Jeff Foust, Drawing the battle lines for NASA’s 2014 budget, The Space Review
Space Florida Budget Increases Following Legislative Session – Space News
U.S. – China Space Cooperation – Stimson Center
SpaceX Dragon Heads For New Mexico – NASA Watch
SpaceX Grasshopper to Land in New Mexico – Spaceports
CEO of MannSat Dismissed from U.S. Lawsuit – Space News
SpaceX Bill Blocked in Texas Senate – Space News
NASA Technical Report Database Partly Back Online – Secrecy News
Texas and Alabama Advancing Spaceport Legislation in Closing Days of Sessions – Spaceports
Two Stallite Proposals Approved at FCC Open Meeting – SpaceRef
Wolf and Bolden’s Vandalism at NTRS Continues – NASA Watch
ZeroGravity, ZeroTax Exemption Becomes Gubernatorial Campaign Issue in Virginia – Spaceports
Aviation Law
Metaphor alert: Drone freed from Lady Justice’s grasp – FP Passport
No-Fly Zone – Slate
In-Flight and On-Line: FCC Proposes Domestic Air-to-Ground System for Airborne Wi-Fi – CommLawBlog
F.C.C. Advances Plan for Faster In-Flight Wi-Fi – New York Times
Space policy viewed through an exoplanetary lens – Space Politics
Geospatial Law
District Judges Divide on Long-Term Cell Phone Tracking Under the Fourth Amendment – The Volokh Conspiracy
Judge Allows Evidence Gathered From FBI’s Spoofed Cell Tower – Threat Level
New Open Data Rules Continue Push for Government Innovation – Commons Lab
Making Government Information Open and Machine Readable – Secrecy News
Landmark Steps to Liberate Open Data – White House Blog
Open Data for Climate and Health Insights – OSTP
Recap: A Big Day for Open Data – OSTP
DigitalGlobe’s NGA Contract Shielded from Sequestration – Space News
The Global Human Impact- Air Force General Counsel Blog
Cyberlaw
Fun and Games in ICANN’s new gTLD Process – Xconomy
CISPA – An Assessment – Lawfare
More on the GOP and the Internet – The Volokh Conspiracy
Tim Wu Discusses the Current State of the Net Neutrality Rules – TAP
Questions Someone Should Ask DOD About Its Report on Chinese Cyber-Operations – Lawfare
Testifying on cybersecurity before the Senate Judiciary Committee – The Volokh Conspiracy
Supreme People’s Court directive to lower courts on cases involving internet censorship – Chinese Law Prof Blog
UK Libel Law Gets Much Needed Update – But Also Threatens Online Anonymity – CDT
FBI’s Latest Proposal for a Wiretap-Ready Internet Should Be Trashed – Wired.com
Beyond Unlocking: Don’t Let Them Kill the First Reasonable Copyright Reform Bill – Wired.com
FCC Anxiously Puts One Toe Halfway in Tepid Water with IP Transition “Trials” – Texhfreedom.com
Military Cyber-Operations and the Third Amendment to the US Constitution – Air Force General Counsel Blog
Digital Diplomacy: Adapting Our Diplomatic Engagement – Dipnote
Building Consensus in Support of a Global, Inclusive, Free, and Open Internet – Dipnote
Copyright Reform Bill Targets Anti-circumvention – CDT
The Global Human Impact- Air Force General Counsel Blog
Source – U.S. State Department:
Remarks at Global Space and Satellite Forum
Remarks
Frank A. Rose
Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance
Middle East 2013
Abu Dhabi, United Arab Emirates
May 7, 2013Share on facebookShare on twitter
ShareYour Highness, Dr. Turki, Excellencies, distinguished speakers and guests, thank you for your kind introduction. It is a pleasure to speak at the Global Space and Satellite Forum here in Abu Dhabi. Fora such as this are key to creating opportunities and addressing challenges within the global space sector. Bringing together industry, government, and the nongovernmental sector is essential to ensuring space remains a key driver of science, innovation, and economic growth worldwide.
In my talk today, I’d like to focus on three areas:
The importance of space capabilities in today’s world;
The challenges created by an increasingly congested and contested space, environment; and
Opportunities for international cooperation to respond to these challenges.The Importance of Space Capabilities
For over five and a half decades, nations around the globe have derived increasing benefits from outer space. In addition to contributing to economic growth and innovation, space capabilities contribute to increased transparency and security among nations. Space assets also save lives. Our ever increasing monitoring and warning capabilities provide critical, timely information to first responders during natural disasters leading to faster, more efficient recovery efforts. For populations in remote areas, satellites are often necessary to provide critical services such as telemedicine and communications.
According to the U.S. Department of Transportation, the U.S. commercial space transportation industry was directly related to the growth of industries such as satellite manufacturing, satellite television, consumer electronics with satellite services, and remote sensing just to name a few.[1] Spinoff technologies – from artificial hearts, to the insulation in our homes – came from space technologies developed by NASA and other space agencies. To give you a concrete example with a dollar sign attached: the direct economic contributions of Global Positioning System (GPS) technology on commercial GPS users are estimated at over $67.6 billion per year in the United States alone.[2] The U.S. Government itself is the biggest single user of GPS and has invested at least $43 billion in GPS infrastructure, equipment, and services. With this in mind, it is no surprise that the U.A.E. is investing heavily to grow its space sector. Bottom line: Not only are space capabilities foundational to our global economy, security, and way of life, they also facilitate technological innovation and create brand new industries.
Today, there are approximately sixty nations and government consortia that own and operate satellites, in addition to numerous commercial and academic operators. The U.A.E., as many of you know, recently joined the ranks of spacefaring nations with the launch of its first government satellite, the DubaiSat-1. The launch of this satellite is an important step forward for the U.A.E.’s impressive efforts to further scientific discovery, technological innovation, and space development, both here in the Gulf and beyond. And it’s only the beginning.
As is habit here in the United Arab Emirates, sights are set very high. I’m very excited to see that Abu Dhabi is partnering with Virgin Galactic to establish a regional hub here in the Gulf for Virgin Galactic’s tourism and scientific activities. This facility will add to Virgin Galactic’s impressive facilities in the Southwestern United States. Only a decade or two ago, it would have been hard to believe that a country could go from launching their first government satellite to being on the forefront of commercial human space travel in just a few years.
Yet, with all these exciting new developments, come new challenges. Increasing use of space by all – coupled with debris from past launches, space operations, orbital accidents, and testing of destructive anti-satellite weapons that generate long-lived debris – has resulted in increased orbital congestion, complicating space operations for all. For example, the U.S. Department of Defense tracks roughly 22,000 objects in orbit, of which 1,100 are active satellites. There are also hundreds of thousands of additional objects too small to track but still capable of damaging satellites in orbit and the International Space Station.
On top of this, radio frequency spectrum congestion is increasing. As more transponders enter service, the demand for bandwidth rises, increasing the probability of interference while also straining international processes to minimize interference.
Space is also increasingly contested. Space systems and their supporting infrastructure face an expanding array of natural and man-made threats that may degrade, disrupt, or destroy assets. This has implications beyond the space environment, disrupting essential worldwide services, such as weather forecasting and financial services, upon which we all depend.
While the potential for future growth in the space domain is vast, we must also recognize the challenges we face and work together to ensure the long-term sustainability and security of the space environment. These are serious challenges that no one country can solve on its own, and can only be effectively addressed through international cooperation.
Responding Through International Cooperation
In response to these challenges, the United States updated its National Space Policy, which President Obama signed in June 2010. A key element of the 2010 U.S. National Space Policy was its increased emphasis on international cooperation to deal with 21st century challenges to the space environment.
As directed by the National Space Policy, the United States has expanded efforts to share space situational awareness services, including notifications to government and commercial satellite operators of close approaches that might result in collisions, which an increasing problem. For example, the 2009 collision between a defunct Russian Cosmos satellite and a commercially operated iridium satellite created thousands of pieces of debris that threaten the space systems of all nations. To date, the United States Strategic Command has concluded 37 Space Situational Awareness agreements with commercial satellite owners and operates, that will allow us to improve our cooperation in this area and help prevent future collisions in outer space.
We are also working with the international community to develop transparency and confidence-building measures or TCBMs in outer space. The United States believes TCBMs can increase trust and prevent misperceptions and miscalculations, between nations. This can be achieved through transparency, openness, and predictability through, for example, information-sharing.
In January 2012, then-Secretary of State Hillary Rodham Clinton announced the U.S. decision to work with the European Union (EU) and other spacefaring nations in developing an International Code of Conduct for Outer Space Activities. Clinton stated: “The long-term sustainability of the space environment is at risk from space debris and irresponsible actors. Unless the international community addresses these challenges, the environment around our planet will become increasingly hazardous to human spaceflight and satellite systems, which would create damaging consequences for all of us.”
The United States believes that an International Code of Conduct, if adopted, would establish guidelines for responsible behavior to reduce the hazards of debris generating events and increase the transparency of operations in space to avoid the danger of collisions. On May 16-17 in Kiev, Ukraine, the European Union will hold the first Open-Ended Consultations to discuss the Code of Conduct. The United States looks forward to participating in this meeting and we encourage other nations to actively participate in the process.
In addition to the Code, the United States is involved in a study by the UN Group of Governmental Experts (GGE) on Outer Space TCBMs, on which I am privileged to serve as the United States expert. Under the capable chairmanship of our distinguished colleague Victor Vasiliev of the Russian Federation, the GGE offers an opportunity to advance a range of voluntary TCBMs that might mitigate dangers and risks to space security.
The GGE intends to develop a consensus report for the UN Secretary General that outlines a list of voluntary and pragmatic space TCBMs that States could adopt on a unilateral, bilateral, or multilateral basis. Notably, the GGE welcomed written contributions from intergovernmental bodies, industry and private sector, civil society, and other UN Member States not already represented in the GGE. We believe the GGE serves as a real opportunity to move forward with pragmatic steps to strengthen stability in space.
The United States is also taking an active role in the Working Group on the Long-term Sustainability of Outer Space Activities under the auspices of the Scientific and Technical Subcommittee of the UN Committee on the Peaceful Uses of Outer Space, aimed at developing voluntary “best practices guidelines” for enhancing safety and sustainability of space activities. We believe these guidelines complement other TCBM efforts aimed at enhancing stability and security in space. Moreover, insights gained from this “bottom up” approach may be helpful to emerging spacefaring nations as they develop their space and commercial policies and programs. We would encourage your governments to play an active role in this Working Group.
Lastly, the United States is increasing assurance and resilience of mission-essential functions against disruption, degradation, and destruction. This includes expanded cooperation with the private sector, allies, and partners around the globe to maintain continuity of service.
Conclusion
Let me conclude by saying that every day, billions of people go through their day without realizing just how reliant they are on space. Encouraging responsible behavior in space through pragmatic, near-term transparency, and confidence-building measures offers one way to protect the space environment for all nations and future generations.
I’d also like to note how encouraged I am to see such a wide range of actors and issues on the agenda today. It is only through cooperation and communication that we can achieve what is in the interest of all of us here today: Strengthening long-term sustainability, stability, safety, and security of the space environment.
This conference is a testament to the excellence and forward-looking nature of the U.A.E.’s space and satellite industry. From the U.S. Government’s perspective, we look forward to continuing our partnership with the U.A.E. on space issues.
Thank you very much and I look forward to your questions.
[1] Office of Commercial Space Transportation, Federal Aviation Administration, The Economic Impact of Commercial Space Transportation on the U.S. Economy in 2009,
[2] Nam D. Pham, Ph.D., The Economic Benefits of Commercial GPS Use in the U.S. and The Costs of Potential Disruption, ndp consulting, June 2011.
The White House has released a new Open Data Policy and Executive Order. The Executive Order states:
The White House
Office of the Press Secretary
For Immediate Release
May 09, 2013
Executive Order — Making Open and Machine Readable the New Default for Government InformationEXECUTIVE ORDER
- – - – - – -
MAKING OPEN AND MACHINE READABLE THE NEW DEFAULT
FOR GOVERNMENT INFORMATIONBy the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. General Principles. Openness in government strengthens our democracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth. As one vital benefit of open government, making information resources easy to find, accessible, and usable can fuel entrepreneurship, innovation, and scientific discovery that improves Americans’ lives and contributes significantly to job creation.
Decades ago, the U.S. Government made both weather data and the Global Positioning System freely available. Since that time, American entrepreneurs and innovators have utilized these resources to create navigation systems, weather newscasts and warning systems, location-based applications, precision farming tools, and much more, improving Americans’ lives in countless ways and leading to economic growth and job creation. In recent years, thousands of Government data resources across fields such as health and medicine, education, energy, public safety, global development, and finance have been posted in machine-readable form for free public use on Data.gov. Entrepreneurs and innovators have continued to develop a vast range of useful new products and businesses using these public information resources, creating good jobs in the process.
To promote continued job growth, Government efficiency, and the social good that can be gained from opening Government data to the public, the default state of new and modernized Government information resources shall be open and machine readable. Government information shall be managed as an asset throughout its life cycle to promote interoperability and openness, and, wherever possible and legally permissible, to ensure that data are released to the public in ways that make the data easy to find, accessible, and usable. In making this the new default state, executive departments and agencies (agencies) shall ensure that they safeguard individual privacy, confidentiality, and national security.
Sec. 2. Open Data Policy. (a) The Director of the Office of Management and Budget (OMB), in consultation with the Chief Information Officer (CIO), Chief Technology Officer (CTO), and Administrator of the Office of Information and Regulatory Affairs (OIRA), shall issue an Open Data Policy to advance the
management of Government information as an asset, consistent with my memorandum of January 21, 2009 (Transparency and Open Government), OMB Memorandum M-10-06 (Open Government Directive), OMB and National Archives and Records Administration Memorandum M-12-18 (Managing Government Records Directive), the Office of Science and Technology Policy Memorandum of February 22, 2013 (Increasing Access to the Results of Federally Funded Scientific Research), and the CIO’s strategy entitled “Digital Government: Building a 21st Century Platform to Better Serve the American People.” The Open Data Policy shall be updated as needed.(b) Agencies shall implement the requirements of the Open Data Policy and shall adhere to the deadlines for specific actions specified therein. When implementing the Open Data Policy, agencies shall incorporate a full analysis of privacy, confidentiality, and security risks into each stage of the information lifecycle to identify information that should not be released. These review processes should be overseen by the senior agency official for privacy. It is vital that agencies not release information if doing so would violate any law or policy, or jeopardize privacy, confidentiality, or national security.
Sec. 3. Implementation of the Open Data Policy. To facilitate effective Government-wide implementation of the Open Data Policy, I direct the following:
(a) Within 30 days of the issuance of the Open Data Policy, the CIO and CTO shall publish an open online repository of tools and best practices to assist agencies in integrating the Open Data Policy into their operations in furtherance of their missions. The CIO and CTO shall regularly update this online repository as needed to ensure it remains a resource to facilitate the adoption of open data practices.
(b) Within 90 days of the issuance of the Open Data Policy, the Administrator for Federal Procurement Policy, Controller of the Office of Federal Financial Management, CIO, and Administrator of OIRA shall work with the Chief Acquisition Officers Council, Chief Financial Officers Council, Chief Information Officers Council, and Federal Records Council to identify and initiate implementation of measures to support the integration of the Open Data Policy requirements into Federal acquisition and grant-making processes. Such efforts may include developing sample requirements language, grant and contract language, and workforce tools for agency acquisition, grant, and information management and technology professionals.
(c) Within 90 days of the date of this order, the Chief Performance Officer (CPO) shall work with the President’s Management Council to establish a Cross-Agency Priority (CAP) Goal to track implementation of the Open Data Policy. The CPO shall work with agencies to set incremental performance goals, ensuring they have metrics and milestones in place to monitor advancement toward the CAP Goal. Progress on these goals shall be analyzed and reviewed by agency leadership, pursuant to the GPRA Modernization Act of 2010 (Public Law 111-352).
(d) Within 180 days of the date of this order, agencies shall report progress on the implementation of the CAP Goal to the CPO. Thereafter, agencies shall report progress quarterly, and as appropriate.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) Nothing in this order shall compel or authorize the disclosure of privileged information, law enforcement information, national security information, personal information, or information the disclosure of which is prohibited by law.
(e) Independent agencies are requested to adhere to this order.
BARACK OBAMA
Source – Brownsville Herald:
SpaceX temporary beach closure bill moves forward
Paul Chouy/The Brownsville Herald
Posted: Wednesday, May 8, 2013 12:07 pm | Updated: 12:24 pm, Wed May 8, 2013.
Laura B. Martinez The Brownsville Herald
A hiccup that temporarily halted the advancement of Texas House Bill 2623 that would allow for the temporary closure of Boca Chica Beach for possible rocket launches – should SpaceX choose to build a launch pad here – has been cured.
The Senate Committee on Administration addressed the bill this morning and after learning the beach would be closed on a temporary basis passed the bill. The bill will now be placed on the local uncontested calendar in the Senate.
Passage of the bill was postponed earlier this week after questions arose regarding the closing of the beach to the public.
H.R. 1848: To ensure that the Federal Aviation Administration advances the safety of small airplanes, and the continued development of the general aviation industry, and for other purposes was introduced on May 7, 2013 by Rep. Mike Pompeo (R-KS4).