Stefan Larsson, Susan Wnukowska-Mtonga, Måns Svensson & Marcin De Kaminski, Parallel Norms: File-Sharing and Contemporary Copyright Development in Australia, Journal of World Intellectual Property (Vol. 17, nos. 1-2, March 2014)
Italy and China, cooperation in space
The head of the Chinese Space Agency in Italy for a two-day institutional visit. The CNSA President Xu Dazhe meets the Minister Giannini in Rome. A letter of intent signed at the ASI headquarters to establish a Cooperation Committee. Followed by a visit to the TAS-I plant
22 Jul 2014
A large delegation from the Chinese Space Agency (CNSA), led by the President Xu Dazhe, today concluded two days full of institutional appointments in Italy.
This morning, accompanied by the ASI President Roberto Battiston, the delegation paid a visit to the Thales Alenia Space Italy (TAS-I) plant in L’Aquila, while yesterday Dazhe and Battiston met the Minister of Education, University and Research Stefania Giannini at Palazzo Madama, in Rome, and then signed an important cooperation agreement at the ASI headquarters.
“The mutual interest of cooperation between the Italian and the Chinese industry was reaffirmed with the support of the relevant space agencies” said Battiston. “The agreement that we signed – he continued – will serve to create a format not only for research but also for the industrial business plan”.
Several distinctions in the Italian aerospace industry were presented to the Eastern partners during the visit to L’Aquila. Elisio Prette, president and CEO of TAS-I, opened the meeting, later giving way to the Vice President Giovanni Fuggetta for a speech titled “The New L’Aquila plant”.
Following, the presentation of Telespazio by the CEO Luigi Pasquali and that of E-geos by the CEO Marcello Maranesi. The contribution of Battiston and a visit to the TAS-I facilities closed the day.
Yesterday, Dahze and Battiston met the Minister Stefania Giannini in the centre of Rome, and then onto the headquarters of the Italian Space Agency at the Tor Vergata University of Rome.
Here the two presidents of the respective national agencies formally confirmed the mutual commitment to strengthen the bilateral cooperation in the space sector in a long-term strategic vision, with the signing of a letter of intent establishing a specific Committee: the Joint Space Cooperation Committee (JSCC), responsible for identifying every possible area of bilateral cooperation.
The JSCC, chaired by the heads of the two agencies and composed of their representatives, will evaluate the opportunity for partners to collaborate in the analysis and exchange of satellite data for environmental monitoring and for the prevention of natural disasters, in the study of polarization phenomena of celestial bodies and X Ray Timing and monitoring of gravity. The committee will also be responsible for promoting the cooperation between the two countries for research on dark matter, cosmic radiation and the robotics and astrophysics fields.
The JSCC, among others, will consider a proposal to establish a joint space science and technology laboratory through the support of Universities and Research Institutes. The meeting follows the signing of the Framework Agreement between ASI and CNSA signed on November 23, 2011 in Beijing.
Type of Event: Landslide
Location of Event: Sindhupalchowk District, Nepal
Date of Charter Activation: 05 August 2014
Charter Requestor: Asia Disaster Reduction Center (ADRC) on behalf of ICIMOD
Project Management: Asian Institute of Technology (AIT)
Description of the Event
Ten people have been confirmed killed in a landslide in the Sindhupalchowk District of Nepal and over a hundred more are believed lost. The landslide occurred on 02 August 2014 following heavy rain.
Landslides are common in Nepal during this time of year, when rain falls on the nation’s mountainous terrain. But this landslide brought debris and rocks down on Mankha village, burying dozens of houses and 159 people. Despite search efforts, by 04 August rescue workers announced that there was no longer any hope of saving the 159 missing victims.
The landslide has blocked part of the Araniko Highway; an important, but notoriously dangerous, route which leads to Nepal’s capital city, Kathmandu. Rescue workers have been cutting temporary routes through the debris in order to get supplies through to the victims of the landslide.
Of great concern is the landslide’s impact on Sunkoshi River. Debris from the landslide also blocked part of this river and formed a growing lake. It was feared that the lake would burst through the debris and the excess water flood villages along the river and even into neighbouring India. 100,000 people were evacuated in India due to concerns over the potential flood, but in Nepal the army has carefully been clearing debris on the river and slowly letting the water through so that it does not flood. While there are still concerns over potential flooding, it has been reported that the water level is dropping.
Five hundred tourists were additionally left stranded by the landslide. Hiking in the mountains when the landslide occurred, their guides brought the tourists safely to Tatopani town where they were later rescued on 04 August.
Emergency workers and soldiers are working together to treat the wounded in Sindhupalchowk district, to salvage what remains from the landslide, and to recover the bodies of its victims.
For Immediate Release
July 18, 2014
Contact: Kristie M. Greco
Phone: (202) 267-3883
The court’s decision in favor of the FAA regarding the Texas Equusearch matter has no bearing on the FAA’s authority to regulate UAS. The FAA remains legally responsible for the safety of the national airspace system. This authority is designed to protect users of the airspace as well as people and property on the ground.
The agency approves emergency Certificates of Authorization (COAs) for natural disaster relief, search and rescue operations and other urgent circumstances, sometimes in a matter of hours. We are not aware that any government entity with an existing COA has applied for an emergency naming Texas EquuSearch as its contractor.
Background on UAS Regulation
The FAA authorizes UAS operations that are not for hobby or recreation on a case-by-case basis. While flying model aircraft for a hobby or recreation does not necessarily require FAA approval, all model aircraft operators must operate according to the law. The FAA promotes voluntary compliance by educating individual UAS operators about how they can operate safely under current regulations and laws.
The FAA also has a number of enforcement tools available to address unauthorized use of UAS, including warning notices, letters of correction, and civil penalties. The FAA may take enforcement action against anyone who operates a UAS in a way that endangers the safety of the national airspace system. This authority is designed to protect users of the airspace as well as people and property on the ground.
On June 23, the FAA issued a notice to provide clear guidance to model aircraft/UAS operators on the “do’s and don’ts” of flying safely in accordance with the 2012 FAA Reform and Modernization Act. In the notice, the FAA restates the law’s definition of “model aircraft,” including requirements that they not interfere with manned aircraft, be flown within sight of the operator and be operated only for hobby or recreational purposes. The agency also explains that model aircraft operators flying within five miles of an airport must notify the airport operator and air traffic control tower. > See News Release
A flight that is not for hobby or recreation requires a certified aircraft, a licensed pilot and operating approval. To date, two operations have met these criteria, and authorization was limited to the Arctic. The FAA is continuing to review applications from UAS operators as they are received.
Background on the case
The United States Court of Appeals for the District of Columbia Circuit granted the FAA’s motion to dismiss Texas Equusearch’s case against the FAA. Texas Equusearch had filed a petition for review with the Court asserting that an FAA inspector had wrongly ordered it in an email correspondence for it to cease and desist search and rescue operations using its UASs. The Court found that the FAA’s inspector’s email to Texas Equusearch was “not a formal cease-and-desist letter representing the agency’s final conclusion … sufficient to constitute final agency action” for purposes of review in the courts of appeals. The Court found that “given the absence of any identified legal consequences flowing from the challenged email, this case falls within the usual rule that this court lacks authority to review a claim where an agency merely expresses its view of what the law requires of a party, even if that view is adverse to the party.”
Texas Eqqusearch and all UAS operators need to be aware that the FAA’s safety mandate under 49 U.S.C. § 40103 requires it to regulate aircraft operations conducted in the National Airspace System (NAS) to protect persons and property on the ground and to prevent collisions between aircraft and other aircraft or objects.
A UAS is an “aircraft” as defined in the FAA’s authorizing statutes and is therefore subject to regulation by the FAA. 49 U.S.C. § 40102(a)(6) defines an “aircraft” as “any contrivance invented, used, or designed to navigate or fly in the air.” The FAA’s regulations (14 C.F.R. § 1.1) similarly define an “aircraft” as “a device that is used or intended to be used for flight in the air.” Because an unmanned aircraft is a contrivance/device that is invented, used, and designed to fly in the air, it meets the definition of “aircraft.” The FAA has promulgated regulations that apply to the operation of all aircraft, whether manned or unmanned, and irrespective of the altitude at which the aircraft is operating. For example, 14 C.F.R. § 91.13 prohibits any person from operating an aircraft in a careless or reckless manner so as to endanger the life or property of another.
An important distinction for UAS operators to be aware of is whether the UAS is being operated for hobby or recreational purposes or for some other purpose. This distinction is important because there are specific requirements in the FAA Modernization and Reform Act of 2012, Public Law 112-95, (the Act) that pertain to “Model Aircraft” operations, which are conducted solely for hobby or recreational purposes.
Model Aircraft Operations
Section 336(c) of the law defines “Model Aircraft” as “… an unmanned aircraft that is –
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.
Each element of this definition must be met for a UAS to be considered a Model Aircraft under the Act. Under Section 336(a) of the Act the FAA is restricted from conducting further rulemaking specific to Model Aircraft as defined in section 336(c) so long as the Model Aircraft operations are conducted in accordance with the requirement of section 336(a). Section 336(a) requires that—
(1) the aircraft is flown strictly for hobby or recreational use;
(2) the aircraft is operated in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).
Section 336(b) of the law, however, makes clear that the FAA has the authority under its existing regulations to pursue legal enforcement action against persons operating Model Aircraft in accordance with section 336(a) and 336(c) when the operations endanger the safety of the NAS. Nothing in section 336 otherwise alters or restricts the FAA’s statutory authority to pursue enforcement action against any UAS operator, even those whose operations are conducted in accordance with sections 336(a) and (c) that endanger the safety of the NAS. So, for example, a Model Aircraft operation conducted in accordance with section 336(a) and (c) may be subject to an enforcement action for violation of 14 C.F.R. § 91.13 if the operation is conducted in a careless or reckless manner so as to endanger the life or property of another.
UAS Operations that are not Model Aircraft Operations
Operations of UASs that are not Model Aircraft operations as defined in section 336(c) of the law and conducted in accordance with section 336(a) of the law may only be operated with specific authorization from the FAA. The FAA currently authorizes UAS operations that are not for hobby or recreational purposes through one of two avenues: (1) the issuance of Certificates of Waiver or Authorization; and (2) the issuance of special airworthiness certificates. The FAA also has a third avenue with which to potentially authorize UAS operations through its exemption process when it determines that such operations are in the public interest.
1. Certificate of Waiver or Authorization (COA). In accordance with 14 C.F.R. § 91.903 the FAA grants Certificates of Waiver or Authorization to applicants waiving compliance with certain regulatory requirements listed in 14 C.F.R. § 91.905. The applicants must be able to show that they are able to safely conduct operations in the national airspace system. The COA contains terms with which the applicant must comply in order to conduct operations. The FAA generally has restricted the issuance of these certificates to government entities that operate UASs as it is implements the provisions in its “Integration of Civil Unmanned Aircraft Systems in the National Airspace System Roadmap.” The entire Roadmap is available on our website. The FAA also issues COAs on an emergency basis when: 1) a situation exists in which there is distress or urgency and there is an extreme possibility of a loss of life; 2) the proponent has determined that manned flight operations cannot be conducted efficiently; and 3) the proposed UAS is operating under a current approved COA for a different purpose or location. The FAA is also using the COA process to expand the use of civil UASs in the arctic region as required under section 332 of the law.
2. Airworthiness Certification. For civil operators, you can apply for a special airworthiness certificate under 14 C.F.R. Part 21. See FAA Order 8130.34B–Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft. The full civil type certification process allows for production and commercial operation of UAS and is a lengthy process typically undertaken by aircraft manufacturers. UASs holding an airworthiness certificate will still need a COA in order to operate in the NAS.
3. Issuance of Exemptions. In accordance with 14 C.F.R. §§ 11.15 and 11.61-11.103 and the FAA’s authority in 49 U.S.C. § 44701(f), the FAA may grant exemptions from regulatory requirements. The exemption process allows for the submission of a petition to the FAA outlining why the granting of an exemption would be in the public interest, the need for the exemption, and the reasons why granting the petition would not adversely affect safety or would provide a level of safety equal to the rules from which the exemption is sought. The FAA has indicated its willingness to review petitions for exemption by civil UAS operators that want to operate for other than hobby or recreational purposes. Under section 333 of the Act, operators in appropriate circumstances can be exempted from airworthiness certification and other related regulatory provisions.
Finally, UAS operators must understand that all UAS operations that are not operated as Model Aircraft under section 336 of the Act are subject to current and future FAA regulation. At a minimum, any such flights are currently required under the FAA’s regulations to be operated with a certificated aircraft, with a certificated pilot, and with specific FAA authorization.
ICT Regulators review role in the networked society
Asia-Pacific Regulators meet in Sydney, Australia
Geneva, 22 July 2014 – Regulators from more than 20 countries of the Asia-Pacific region met from 21 to 22 July in Sydney, Australia, to exchange experiences and discuss potential areas of collaboration to embrace the networked society. Under the theme “Beyond Convergence – the Networked Society”, the Asia-Pacific Regulators’ Round Table is co-organized by ITU and the Australian Communications and Media Authority (ACMA), with support from the Department of Communications of the Government of Australia.
ITU Secretary-General Hamadoun I. Touré called for close collaboration amongst regulators and ‘smart’ partnerships across sectors at the international, regional and national levels. “In an ICT embedded society, the efficiency, productivity and security of citizens necessitate cross-sectoral collaboration mechanisms to reap the full benefits of ICTs in areas such as health, education, agriculture, electricity, and transport,” Dr Touré said.
“Continued growth in participation reflects the benefits we are gaining from the exchange of views and information,” said Mr Chris Chapman, Chairman of ACMA. “The creation of the Asia-Pacific Regulator’s Round Table is a particular accomplishment of ITU in the region, particularly with the excellent innovation of rotating the Forum and the associated ITU / ACMA International Training Programme (ITP) throughout the Asia-Pacific region.”
This high-level Regulators’ Round Table, organized by ITU since 2011, provides a unique opportunity for strategic discussions on emerging regulatory issues and challenges faced in the rapidly evolving and converging ICT sector.
The Regulators’ meeting is followed by a three-day ACMA-ITU International Training Programme titled “Convergent Regulation through First Principles Thinking”. The training focuses on the policy and regulatory issues of the era beyond convergence of telecommunications, information technology and broadcasting. Around 60 participants from more than 25 countries are expected to attend the training programme.
For more information, please see www.itu.int/ITU-D/asp/CMS/Events/2013/RR-ITP-2013/index.asp
Russia + European Space Agency—Decision On ESA Inclusion Set For December (Government)
[SatNews] A final decision on the European Space Agency’s (ESA) participation in Russia’s lunar program will be taken in December 2014, Igor Mitrofanov from the Russian Academy of Sciences’ Institute of Space Research said on Sunday.
“Europeans want to cooperate with Russia on the lunar program,” Mitrofanov, who is the director of the Institute’s nuclear planetology department, told the COSPAR (Committee on Space Research) Scientific Assembly. “The final decision on their participation will be taken at a ministerial conference of the European Space Agency’s member countries.” . . . [Full Story]
S.RES.520 — Condemning the downing of Malaysia Airlines Flight 17 and expressing condolences to the families of the victims. (Introduced in Senate – IS)
SRES 520 IS
S. RES. 520
Condemning the downing of Malaysia Airlines Flight 17 and expressing condolences to the families of the victims.
IN THE SENATE OF THE UNITED STATES
July 24, 2014
Mr. MURPHY (for himself and Mr. JOHNSON of Wisconsin) submitted the following resolution; which was referred to the Committee on Foreign Relations
Condemning the downing of Malaysia Airlines Flight 17 and expressing condolences to the families of the victims.
Whereas, on July 17, 2014, Malaysian Airlines Flight 17 tragically crashed in eastern Ukraine, killing all 298 passengers and crew, including 80 children;
Whereas President Barack Obama has offered President of Ukraine Petro Poroshenko all possible assistance to determine the cause of the crash, including the services of the Federal Bureau of Investigation and the National Transportation Safety Board;
Whereas intelligence analysis shows that the plane was shot down by an antiaircraft missile fired from an area controlled by pro-Russian separatists;
Whereas separatists have shot down 10 additional aircraft and took credit for shooting down another aircraft at approximately the same time as Malaysian Airlines Flight 17 crashed in eastern Ukraine;
Whereas separatists blocked international experts from accessing the crash site in the first 72 hours, preventing the proper care of the victims’ bodies and allowing evidence from the crash to be removed and mishandled;
Whereas weapons and fighters have continued to flow across the border from the Russian Federation to eastern Ukraine, and there is evidence that the Government of the Russian Federation has been providing training to separatists fighters, including training on air defense systems;
Whereas this tragic incident has demonstrated that European and other foreign citizens are at risk from dangerous instability in Ukraine;
Whereas, on July 21, 2014, the United Nations Security Council condemned in the strongest terms the downing of Malaysian Airlines Flight 17 and demanded that those responsible be held to account and that all states fully cooperate with efforts to establish accountability;
Whereas British Prime Minister David Cameron asserted, `Russia cannot expect to continue enjoying access to European markets, European capital and European knowledge and technical expertise while she fuels conflict in one of Europe’s neighbors.'; and
Whereas the United States Government has continued to implement sanctions against Russian and Ukrainian individuals responsible for destabilizing Ukraine and failing to end the violence: Now, therefore, be it
Resolved, That the Senate–
(1) condemns the shooting down of Malaysian Airlines Flight 17 in Eastern Ukraine that resulted in the deaths of all 298 passengers and crew;
(2) expresses its deepest condolences to the families of the victims and the people of the Netherlands, Malaysia, Australia, Indonesia, Great Britain, Germany, Belgium, the Philippines, Canada, and New Zealand;
(3) supports the ongoing international investigation into the attack on Malaysian Airlines Flight 17, including unobstructed access to the crash site;
(4) calls on the Government of the Russian Federation to immediately stop the flow of weapons and fighters across the border with Ukraine, allow an Organization for Security and Co-operation in Europe (OSCE) monitoring mission on the border, and fully cooperate with the international investigation currently underway; and
(5) urges the European Union to join the United States Government in holding the Government of the Russian Federation accountable for its destabilizing actions in Ukraine through the use of increased sanctions.