February 2010 Viewpoint
By Marion C. Blakey
Aviation security once again became Topic A on Christmas Day 2009. Disaster was narrowly averted by a chance misfire when a passenger tried to detonate an explosive device in his clothing aboard Northwest Airlines Flight 253.
In considering this I'd like to suggest three ways in which the aviation community should vigorously advocate enhanced security for every passenger – before a terrorist reaches the aircraft.
First, there needs to be increased international leadership on common security standards. Second, we must use existing U.S. legislation to protect the developers of new technology. Finally, let’s revise the export control regime to enable greater sharing of useful security measures.
We already have an excellent source for leadership on global security; the International Civil Aviation Organization, or ICAO, the U.N. agency charged with the safe, secure and sustainable development of civil aviation around the world. We all think of its mission first in terms of safety and then the environment – but in these times there needs to be much greater emphasis on global aviation security.
I’d like to see ICAO take the lead in setting standards for international screening measures and guidelines for airlines and airports. And there are encouraging signs. Following a meeting earlier this month with officials from the Department of Homeland Security and the Transport Security Administration, ICAO agreed to consider proposals for a comprehensive aviation security strategy.
There is much precedent for ICAO’s setting standards for aviation. Very recently, ICAO developed uniform machine readable passport standards and, as of last August, more than 170 of the 190 member States issued passports that comply with its standards.
Secondly, we must facilitate international cooperation on liability concerns regarding the introduction of new security technologies. In the United States, we have the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, known as the SAFETY Act. The SAFETY Act limits liability for manufacturers of technology intended to protect the nation against terror attacks. We need to encourage more companies to invest in new anti-terrorism technology without fear of lawsuits after an attack occurs.
Moreover, we need to extend this protection internationally by encouraging the State Department and DHS to work closely with foreign governments to develop liability protection similar to the SAFETY Act. We must create an environment in which companies are free to develop and deploy new security technologies without fear that liability issues could emerge after the fact of a successful attack and threaten the enterprise.
U.S. industry has made some progress on improving awareness of this problem among other governments, but few have made a commitment to address this issue. Taking this step could significantly advance the efforts being made to improve the environment for developing and deploying homeland security technologies.
Export controls are a key third step. The need to protect access to critical U.S. technology can occasionally run counter to the drive to install U.S. homeland security technology overseas to detect and deter attacks on the United States before they reach our borders.
But more precision is needed in export control mechanisms governing the composition of the U.S. Munitions List. And, more rigorous risk analysis for export decisions that recognizes the security benefits of technology exchange can help reconcile these potentially contradictory priorities.
It’s an interesting challenge. The whole point of the export control system is to prevent the proliferation of sensitive technologies. Yet to secure our homeland we must share beneficial technologies with other nations.
We have many tools. We need to use them.
Commercial aviation is a vital transportation link that provides pleasure and efficient travel to millions of passengers each year. Security is what we owe these passengers. We should not have to rely on misfires and near misses.
Terror should never leave the gate.
