The 47th Annual SMU Air Law Symposium will be held March 21-22, 2013 at the Omni Mandalay Hotel at Las Colinas, Irving, Texas:
The Journal of Air Law and Commerce sponsors the oldest and largest annual aviation law symposium in the world. Recent events that have changed our aviation landscape are sure to add to the discussion, debate, and education at the Symposium. More than 500 aviation lawyers and industry representatives annually attend. The symposium offers continuing education credit, superb networking opportunities, and the exploration of a wide variety of aviation law topics.
The Air Force General Counsel has started a new blog titled the Air Force General Counsel Blog. From the About page:
The General Counsel is a Presidential appointee, requiring Senate confirmation. Secretary of the Air Force Order (SAFO) No. 111.5, dated July 14, 2005 sets forth the functions and responsibilities of the Office. That Order states in part:
“The General Counsel is the chief legal officer and chief ethics official of the Department of the Air Force. Legal opinions issued by the Office of the General Counsel shall be the controlling opinions of the Department of the Air Force. The General Counsel provides advice in accordance with applicable statues on any legal subject and on other matters as directed by the Secretary.” The Office of the General Counsel renders legal advice and assistance to all elements of the Air Force, but the cornerstone of its functions and responsibilities is a close relationship with the Secretary and his principal assistants. As the law office of the Secretary, the Office takes a broad view of its responsibilities. The Office provides carefully considered, practical advice, aimed at producing effective solutions. Work products within the Office of the General Counsel take many forms. Much of its advice and counsel is given orally. Written communications can involve formal legal opinions, draft correspondence, draft directives or policy statements, or guidance or decisions on individual cases.
More information can be found on the Air Force General Counsel’s Website.
Source – EAC:
THE EUROPEAN AVIATION CLUB
Organize a one day conference in Brussels on 15 JUNE 2012
on the European Commission’s revision of Regulation 261/2004,
establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
The European Aviation Club and the International Institute of Air and Space Law of Leiden University are jointly organising a major conference in Brussels on 15 June on the subject of the revision of Regulation 261/2004.
Whilst the Regulation has brought about undoubted benefits to passengers, it has caused airlines significant expense in money and management time, and it is appropriate to consider whether this Regulation would strike the right balance between the different interests.
Following the public consultations on this subject and the impact study which it had commissioned, the European Commission is currently reviewing all the results, and when finished will decide whether the Regulation merits revision; and if so will issue a proposal for amendment.
Venue: Hotel Bristol Stephanie, Avenue Louise 91-93, 1050 Brussels
The conference will start at 9.45 and end at 18.00 after which a drink will be served
Please see attached programme and registration form.
This conference, which will be attended by several representatives of the European Commission and the Council as well as a wide range of industry stakeholders, represents the last opportunity for interested parties to provide their own input into the process with the possibility of influencing the outcome.
Conference, supported by the European Air Law Association and Airneth
The European Aviation Club asbl, Vossendreef 6 Drève des Renards, B-1180 Brussels,Belgium
Board : Rigas Doganis – Chairman, Fredrik Sorensen, John Balfour, Gérard Borel, Richard Lewis, Mia Wouters
Company number : BE 0445.632.153 ; VAT exempted
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).
Source: Secrecy News
Policy available at Federation of American Scientists
23 APRIL 2012
OVERSIGHT OF INTELLIGENCE ACTIVITIES
9.6. Navigational/Target Training activities.
9.6.1. Air Force units with weapon system video and tactical ISR capabilities may collect imagery during formal and continuation training missions as long as the collected imagery is not for the purpose of obtaining information about specific US persons or private property. Collected imagery may incidentally include US persons or private property without consent. Imagery may not be collected for the purpose of gathering any specific information about a US person or private entity, without consent, nor may stored imagery be retrievable by reference to US person identifiers.
9.6.2. Air Force Unmanned Aircraft System (UAS) operations, exercise and training missions will not conduct nonconsensual surveillance on specifically identified US persons, unless expressly approved by the Secretary of Defense, consistent with US law and regulations. Civil law enforcement agencies, such as the US Customs and Border Patrol (CBP), Federal Bureau of Investigations (FBI), US Immigration and Customs Enforcement (ICE), and the US Coast Guard, will control any such data collected.
Shining a laser at an aircraft or its point of travel is now illegal under federal law.
President Obama on Feb. 14 signed into law the Federal Aviation Administration Modernization and Reform Act of 2012, which includes provisions that make it a criminal offense to aim a laser beam at an aircraft or its flight path.
The crime is punishable by a fine of $250,000 and up to five years in prison. [Full story]
The U.S. Federal Aviation Administration (FAA) today issued a Notice of Proposed Rulemaking (NPRM) that would require first officers to hold an Airline Transport Pilot (ATP) certificate, requiring 1,500 hours of pilot flight time except under limited circumstances. The proposed rule contains provisions included in the Airline Safety and Federal Aviation Administration Extension Act of 2010, signed into law by President Obama in August of that year.
Under the present FAA rules, first officers must only carry a commercial pilot certificate, which requires 250 hours of flight time. The proposal also would require first officers to earn an aircraft type rating, which involves additional training and testing specific to the airplanes they fly. [more]
Federal Register [PDF]
BRUSSELS, Feb 28 (Reuters) – The EU will respond to any retaliation over its law imposing carbon charges on all flights but is working with the United States and the International Civil Aviation Organization (ICAO) to find a solution, a senior Commission official said.
The EU’s requirement that all airlines buy carbon to offset flights that use the bloc’s airports has stirred threats of an international trade war, with the potential to disrupt global air traffic.
A meeting in Moscow last week of the so-called “coalition of the unwilling” agreed on a basket of counter-measures that countries could activate in response to the EU scheme.
“Retaliation cannot happen, and if it happens we will act immediately and appropriately,” Commission Director General for Climate Action Jos Delbeke told a European Parliament committee in Brussels on Tuesday. [more]
Transportation Minister Yisrael Katz Monday directed Israel’s Civil Aviation Authority not to sign an “open skies” aviation agreement with the European Union. Katz wants his office to examine what effect the agreement would have on Israel’s airlines.
Talks on an “open skies” framework, which would replace a number of bilateral aviation agreements with European countries with a single Israel-EU agreement, have been ongoing for several years, but a deal between the sides has proven elusive. [more]
The McGill Graduate Law Conference will be held on May 1-2, 2012 at the University of McGill in Montreal. One of the Topics to be addressed is ” New frontiers in air and space law”:
CFP – McGill Annual Graduate Law Conference
The Graduate Law Programme at McGill University’s Faculty of Law is pleased to host its Annual McGill Graduate Law Conference. We invite abstracts for presentations at the conference, to be held at the Faculty of Law at McGill’s downtown Montreal campus, May 1st and 2nd 2012.
*** Submission Deadline: 9am, Friday, 16 March 2012***
This year’s conference, “Emerging Legal Issues of the 21st Century”, seeks to bring together academics and students from a variety of areas of law, to discuss three current issues impacting on the law:
• Business law in a pluralistic society
• Amelioration of the law through interdisciplinarity?
• New frontiers in air and space law
The McGill Graduate Law Conference will be made up of three sessions, on the topics enunciated above. “Business law in a pluralistic society” seeks to address the emerging issues faced by corporations working across both common and civil law systems. “Amelioration of the law through interdisciplinarity” will explore how other disciplines are informing the law and how, or whether, the law is responding. “New frontiers in air and space law” will address how air and space lawyers will deal with issues such as increased privatization of air and space, increased security threats or the environmental impacts of air and space travel.
We extend an invitation to graduate law students from around Canada and the United States of America to apply. Both doctoral and masters’ students are encouraged to submit proposals, as this is a graduate student conference. By bringing together students, researchers and academics, we hope to engender strong discussion leading to new understandings about the emerging issues impacting our work.
We seek individual proposals for paper presentations – please see below for the required contents of submissions. We will primarily use a panel format for our sessions, with brief presentations followed by a Q&A discussion. Individual papers will be grouped in topical panels, as set out above. We are only seeking proposals on the topics of the panels. Projectors and Power-point equipped PC and/or Mac laptops will be available for all sessions.
Individual Paper Proposals:
* Title of paper
* Presenter’s name, institutional affiliation, and title
* Mailing address, e-mail address, and telephone number
* An abstract of 150-200 words
* Three keyword descriptors
You will be advised if your paper has been accepted by 16 March 2012.