Proceedings Of The Marine

WIN 2015

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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10 Proceedings Winter 2014 – 2015 of their designated critical infrastructure sectors in the all- hazards environment. 3 Moreover, securing the nation's criti- cal infrastructure cannot be adequately addressed by focus- ing on physical and personnel security alone. Therefore, cybersecurity is identifed and emphasized as one of the three elements of critical infrastructure risk management, along with physical and human factors. 4 Executive Order (EO) 13636, Improving Critical Infra- structure Cybersecurity, 5 focuses on critical infrastructure cybersecurity. In EO 13636, President Obama declared: "[i]t is the policy of the United States to enhance the security and resilience of the nation's critical infrastructure and to maintain a cyber environment that encourages effciency, system would be the type of scenario where the captain of the port could use this authority to limit the individual or thing (virus) from gaining access to the targeted vessel or facility. By using this authority to establish a safety or security zone around the vessel or waterfront facility, the COTP could block any future threats — whether from individuals or things — against the afected vessel or waterfront facility and other entities at risk. Furthermore, if the continuance or reoccurrence of a cyber attack warrants increased safety measures, the Commandant of the Coast Guard may prescribe such measures as he or she sees ft. Ports and Waterways Safety Act of 1972 Congress passed the Ports and Waterways Safety Act of 1972 (PWSA) to protect ports, waterways, maritime facilities, and vessels from incidents involving negligence or sabotage. In 1986, under the International Maritime Port and Security Act, 19 Congress amended the PWSA to allow the secretary of whichever agency the Coast Guard is operating under to "take actions … to prevent or respond to an act of terrorism against an individual, vessel, or public or commercial struc- ture that is subject to the jurisdiction of the United States; Among other protective measures, both the Magnuson Act and PWSA allow estab- lishing security zones around at-risk vessels. U.S. Coast Guard photo by Petty Offcer Kelly Newlin. and located within or adjacent to the marine environ- ment; or a vessel of the United States or an individual on board that vessel." 20 Such actions include inspections, port and harbor patrols, establishing security and safety zones, devel- oping contingency plans and procedures, among others. 21 In reference to the defnition of "marine envi- ronment," as stated in 33 U.S.C. 1226(a), such an area includes the waters of the U.S. exclusive economic zone and those above the outer continental shelf. 22 Currently there is not an ofcial defnition of terrorism codifed in domestic or international law, but it is not difcult to think of a cyber attack against an individual, vessel, or public or commercial structure that would also be considered a terrorist act and thus trigger Coast Guard authority under the PWSA. Endnotes: 1. Maritime Transportation Security Act. 46 U.S.C.§§701 et. seq. (2002) [herein- after MTSA]. 2. See MTSA at §70101 note. 3. See MTSA§70101(6). 4. See MTSA§§70102(b), 70103(c). 5. See MTSA,§§701013(c)(3)(B)-(C). 6. See 33 C.F.R. Parts 101, 103-06 (2014). 7. See 33 C.F.R.§101.305(a). 8. See 33 C.F.R.§101.105. 9. See 33 C.F.R.§104.305. 10. See Grant, note 10. See also, Indictment, United States v Azar, (C.D. Cal Mar. 17, 2009) (No. 09-00240). For OCS security assessment requirements, see 33 C.F.R. §106.305. 11. See 33 C.F.R.§104.275(a) for vessels 33 C.F.R.§105.265 (a) for facilities. 12. See Megan Gates, Hackers Turn to Cargo Crime, Security Management, at 12-13. 13. See Id. 14. Id. at 12 ("Container data logs have moved online and companies use elec- tronic fles, allowing criminals to hack into the system and change the data to make the shipment appear normal."). 15. 50 U.S.C.§191(b) (2014). 16. 33 C.F.R.§6.04-5 (2014). 17. See 33 C.F.R.§6.04-6. 18. See 33 C.F.R.§6.14-1. 19. Pub L. No. 99-399 (Aug. 27, 1986). 20. PWSA, 33 U.S.C.§1226(a)(1)-(2). 21. Id. (b)(1). 22. 33 U.S.C.§1222(1).

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