Cybersecurity

Key Legal Considerations for the Aviation and Space Sectors

Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott

As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules.

Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices.

The broad range of issues and topics covered includes the following and more:

• whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks;
• substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities;
• jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors;
• vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference;
• various challenges for critical infrastructure resulting from, e.g., its interdependency, cross-border nature, public-private ownership and dual civil-military uses;
• safety and security in international air transportation, with special attention to the Chicago Convention and its Annexes;
• aviation liability and compensation in cases of cyberattacks, and insurance coverage against cyber risks;
• review of malicious relevant actors, malicious cyber operations, the typical life cycle of a cyberattack and industry responses.

This book clearly responds to the need to elaborate adequate legal rules for ensuring that the multiple inlets for malicious cyber operations and the management of cybersecurity risks are addressed appropriately. It will be welcomed by all parties involved with aviation and space law and policy, including lawyers, governments, regulators, academics, manufacturers, operators, airports, and international governmental and non-governmental organisations.