1. Deborah Housen-Couriel, ADV.
Responding to Cyber Threats in the Transportation Sector: Insights from Global and Comparative Cybersecurity REGULATION
Deborah Housen-Couriel, ADV.

2. THE TRANSPORT OF TWO TYPES OF CYBER- VULNERABLE DATA

3. PRIVATE VEHICLE TRAFFIC SYSTEMS MEANS OF TRANSPORT =
MASS LAND TRANSPORT (BUSES, TRUCKS)
CIVIL AVIATION
NAVAL TRANSPORT, PORTS AND HARBORS
TRAINS
CIVILIAN DRONES (?)
PRIVATE VEHICLE TRAFFIC SYSTEMS
MEANS OF TRANSPORT =
CRITICAL INFRASTRUCTURE

4. counter-terrorism laws critical infrastructure
protecting
critical infrastructure
THE BEST SOLUTION AT PRESENT FOR PROTECTING TRANSPORT VULNERABILITIES…
TRANSPORT VULNER-ABILITIES

5. ART. 2, 2008 EU DIRECTIVE ON CI
…asset, system or part thereof located in Member States which is essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State...
US PATRIOT ACT – “DEBILITATING IMPACT”

6. LOOKING AT CYBER –ENABLED ATTACKS ON TRANSPORT AS ATTACKS ON CRITICAL INFRASTRUCTURE

7. WHAT’S NOT WORKING?

8. LEGAL AND REGULATORY GAPS: THE END GAME FOR CI PROTECTION
NO OVERARCHING POLICY RE TRANSPORT INFRASTRUCTURE THAT CAN DRIVE LEGAL SOLUTIONS
NEED FOR SECTOR-SPECIFIC TOOLS FOR CYBER SECURITY ANALYSIS
DOMINO EFFECTS OF CYBER ATTACKS
BETTER THREAT AND RISK ASSESSMENT MODELS
CORPORATE GOVERNANCE WITHIN INDUSTRY ORGANIZATIONS

9. PERIPHERAL SYSTEMS THAT AREN’T YET DEFINED AS CRITICAL INFRASTRUCTURES…

11. IN PARTICULAR – SATELLITE COMMUNICATION VULNERABILITIES
(SHIP-TO-LAND)
(GPS)

12. (1) CRITICAL INFRASTRUCTURE PROTECTION POLICIES (NOT LAW)
(3) NATIONAL COUNTER-TERRORISM LAWS
(2) INTERNATIONAL TREATIES AND ENFORCEMENT

13. (1) CRITICAL INFRASTRUCTURE PROTECTION POLICIES – NOT BINDING LAW

14. 2004
COMMUNICATION ON Critical Infrastructure Protection in the fight against terrorism
2006
EUROPEAN PROGRAMME FOR CI PROTECTION
2008
DIRECTIVE ON EU CRITICAL INFRASTRUCTURES- DESIGNATION AND PROTECTION REQUIREMENTS

15. 2013 COMMISSION STAFF WORKING DOCUMENT ON A NEW APPROACH
INTERDEPENDENCIES AMONG CRITICAL INFRASTRUCTURES
ACROSS SECTORS + NATIONAL BORDERS
EUROCONTROL PILOT PROJECT ON AVIATION “SINGLE EUROPEAN SKY”

16. Presidential Policy Directive -- Critical Infrastructure Security and Resilience, 2013

18. INFORMATION SHARING AND ANALYSIS CENTERS (ISACs)

19. (2) INTERNATIONAL NORMS AND ENFORCEMENT

20. THE AIM: HARMONIZATION OF NATIONAL CYBERCRIME LEGISLATION
Art. 5 – System interference
Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law… the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data
-CRUCIAL IN THE CI CONTEXT

22. BUDAPEST CONVENTION >> CYBER POLICING HAS GONE GLOBAL
24/7 PoC
REQUIRED
INTERPOL
EUROPOL
FBI
SECTORAL (BANKS, FINANCE)

23. (3) NATIONAL COUNTER-TERRORISM LAWS

24. ISRAEL’S LAW ON THE FIGHT AGAINST TERRORISM, 2016 - “Act of terrorism”
Motivation is political, religious, nationalistic, or ideological
Carried out with the goal of causing public fear or alarm, or to cause the government or another public body (in Israel or abroad, including IOs) to either act or refrain from acting
One of the following was either threatened or had a real danger of occurring:

25. Severe injury to a person’s body or freedom;
Severe injury to public safety or health
Severe damage to property
Severe damage to religious objects, places of worship or other sites
Severe damage to infrastructure, systems or basic services, or severe interference with them, or severe damage to the national economy or ecosystem.

26. AUSTRALIAN CRIMINAL CODE, 1995
A terrorist act […] causes one or more of the following:
…serious interference with, disruption to, or destruction of critical infrastructure such as a telecommunications or electricity network.

27. GERMANY’S LEGISLATIVE APPROACH, 2015
OUTLIER

28. SUMMING UP

29. counter-terrorism laws critical infrastructure
protecting
critical infrastructure
THE BEST SOLUTION AT PRESENT FOR PROTECTING TRANSPORT VULNERABILITIES…
TRANSPORT VULNER-ABILITIES

30. 4 CRITICAL CHALLENGES
ADAPT THE INFRASTRUCTURE PROTECTION REGIME TO INCLUDE PERIPHERAL SYSTEMS
…AND THEIR ACCOMPANYING DATA
CONSIDER GERMANY’S LEGISLATIVE APPROACH (AUGMENTED CI + ANTI-TERRORISM)
IMPROVING THE PREVENTION OF ATTACKS ON TRANSPORT BY INTEGRATING EXISTING LEGAL TOOLS

31. THANK YOU.

32. counter-terrorism laws critical infrastructure
protecting
critical infrastructure
THE BEST SOLUTION AT PRESENT FOR PROTECTING TRANSPORT VULNERABILITIES…
CRITICAL
INFRA-STRUCTURE PROTECTION,
INCL. COUNTER-TERRORISM

33. EXTRA SLIDES

34. …systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. (Patriot Act, 2001)

35. IMPACTS:
PHYSICAL (LOSS OF LIFE AND PROPERTY)
ECONOMIC
SOCIAL

36. MAY 2015
2013
STANDARDS
2015