Airport Body Scanners May Violate Alito’s ‘Minimally Intrusive’ Test
December 7, 2010 at 3:43 pm | Posted in Aviation Law Current Event | Leave a commentBy Sara M. Langston with the blog faculty
Source: ABA Journal
The U.S. Supreme Court hasn’t ruled on the constitutionality of new airport screening technology that produces revealing body images and the alternative full-body pat downs, but one justice has looked at the issue.
Justice Samuel A. Alito Jr. evaluated airport screening procedures when he was a judge on the Philadelphia-based 3rd U.S. Circuit Court of Appeals, according to George Washington University law professor Jeffrey Rosen. In an opinion column in the Washington Post, Rosen asserts that the full body scanners now being used at airports would fail Alito’s Fourth Amendment test, set out in a 2006 opinion.
Alito upheld searches using magnetometers and handheld wands, saying the screening was “minimally intrusive” and “effective.” But Rosen doesn’t think that test would be satisfied by the methods being used now. He notes these problems:
• There may be a better alternative than the full-body scans. Dutch airports use a different technology that doesn’t project an image unless a suspicious material is found. Only the area of suspicion is revealed, and the rest of the body is a “blob-like human image,” Rosen says. U.S. officials have said the alternative technology produces a high rate of false positives. Even so, Rosen suggests false positives leading to pat-down searches may be less intrusive than U.S. machines projecting full body images and the full pat-downs performed on those who object.
• Full body scanners are capable of recording and storing images when in “test” mode. U.S. officials have said the images aren’t being recorded or stored, but Rosen fears abuses.
• Some tests have shown that the full body scanners aren’t good at detecting low-density explosives, the kind used by the would-be underwear bomber last Christmas. That could mean the scanners wouldn’t satisfy Alito’s test for effectiveness, according to Rosen.
Roscosmos And NASA To Seal Deal On Joint Projects
December 7, 2010 at 3:33 pm | Posted in Space Law Current Events | Leave a commentBy Sara M. Langston with the blog faculty
Source: Space-Travel.com
Russia’s space agency, Roscosmos, and NASA are to sign a protocol on joint projects in manned and unmanned space travel, the Russian agency’s head, Alexei Perminov, said on Wednesday.
“We are considering different variants of cooperation, including flights to asteroids, to a Lagrange point, carrying out joint work on the Moon and in a near-earth orbit,” Perminov told journalists in Moscow.
France: RAPPORT FAIT AU NOM DE LA COMMISSION DES AFFAIRES ÉTRANGÈRES SUR LE PROJET DE LOI n° 2709, autorisant l’approbation de l’accord-cadre entre le Gouvernement de la République française et le Gouvernement de la République de l’Inde relatif à la coopération dans le domaine de l’utilisation de l’espace extra-atmosphérique à des fins pacifiques
December 7, 2010 at 2:51 pm | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
The French National Assembly has released a report on its bill no. 2079 which approves a cooperative space agreement between France and India. RAPPORT FAIT AU NOM DE LA COMMISSION DES AFFAIRES ÉTRANGÈRES SUR LE PROJET DE LOI n° 2709, autorisant l’approbation de l’accord-cadre entre le Gouvernement de la République française et le Gouvernement de la République de l’Inde relatif à la coopération dans le domaine de l’utilisation de l’espace extra-atmosphérique à des fins pacifiques is available through the national assembly’s website.
U.S./Brazil Open Skies Agreement
December 7, 2010 at 2:11 pm | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
Source – State Department:
United States and Brazil Agree on Open Skies
Media Note
Office of the Spokesman
Washington, DC
December 6, 2010Negotiators for the United States and Brazil initialed a text for a new air transport agreement in Rio de Janeiro on December 3, 2010, which once formally approved will establish an Open Skies air transportation relationship between our two countries. The delegations also initialed a Memorandum of Understanding, which upon signature will significantly expand services between our two countries and provides for most elements of Open Skies.
The Agreement will strengthen and expand our already strong trade and tourism links with Brazil, benefiting U.S. and Brazilian businesses and travelers by expanding air service and encouraging vigorous price competition by airlines, while safeguarding aviation safety and security.
For more information about Open Skies, please visit: http://www.state.gov/e/eeb/tra/ata/.
Arianespace will orbit satellites for defense contract with Italy and France
December 7, 2010 at 11:40 am | Posted in Space Law Current Events | Leave a commentBy Sara M. Langston with the blog faculty
Source: Spacewar.com
Telespazio (Finmeccanica/Thales) has chosen Arianespace to launch the Sicral 2 satellite in the framework of a turnkey contract that the Italian Defense Ministry and the French DGA armament agency (Direction Generale de l’Armement) have with Thales Alenia Space Italy.
Arianespace has announced that it has signed a service and solutions launch contract with Telespazio to orbit the new-generation Sicral 2 military telecommunications as of November 2013.
Event: Moving Ahead on Space Security
December 7, 2010 at 11:39 am | Posted in Space Law Current Events | Leave a commentby P.J. Blount with the blog faculty
Source – Union of Concerned Scientists:
Union of Concerned Scientists invites you to a panel discussion on
Moving Ahead on Space Security
Wednesday, December 15, 9:30-11 a.m.
Carnegie Endowment for International Peace, Root Room
1779 Massachusetts Avenue NW, Washington DCDr. Laura Grego
Senior Staff Scientist, UCS
Next Steps for the United StatesPaul Meyer
Former Canadian Ambassador and Permanent Representative to the UN and Conference on Disarmament
PAROS in peril: prospects for space security diplomacyDr. Gregory Kulacki
Senior Analyst, China Project Manager, UCS
Prospects for cooperation with China in spaceModerated by Dr. David Wright
Senior Scientist and Co-Director of the UCS Global Security ProgramPlease RSVP to Teri Grimwood tgrimwood@ucsusa.org 202 331 5422.
Library: A Round-up of Reading
December 7, 2010 at 11:13 am | Posted in Library | Leave a commentReports
NASA: Medium Launch Transition Strategy Leverages Ongoing Investments but Is Not Without Risk. GAO-11-107, November 22.
CRS – Changes in Airport Passenger Screening Technologies and Procedures: Frequently Asked Questions
Periodicals
Milsat Magazine (Nov./Dec. 2010)
Blogs
Do New High-Tech Scans at the Airport Violate the Fourth Amendment? – Volokh Conspiracy
“If you touch my junk, I’ll have you arrested.” – Homeland Security Watch
Space policy tough love, and space security recommendations – Space Politics
NASA OIG Is Investigating Human Rating Requirements – NASA Watch
Senate Report on the New START Treaty – Secrecy News
Space: Think Frontier, Not Commons – Songs of Space and Nuclear War
Opting-out of Advanced Imaging Technology and the Pat-down Doesn’t Fly – TSA Blog
Are airport X-ray scanners harmful? – Cosmic Log
Montreal Convention eats passenger’s breakfast claim – NV Flyer
NASA Regulation of Commercial Space? – Spaceports
Spatial Law and Policy Update (November 16, 2010) – Spatial Law and Policy Update
Wayne Hale: require & enforce standards, but don’t select them – RLV and Space Transport News
A spaceflight raffle – with a change in rules – NewSpace Journal
How to steal a body-scan picture – Cosmic Log
Ron Paul Introduces New Air Traveler Act – Aviation Law Prof Blog
New START: A missile-defense-friendly treaty – MDAA
Secret U.S. Space Plane May Be Too Mysterious – Danger Room
TSA Screening Procedures: Protecting Your Junk – Security Debrief
Court affirms airline’s right to make rule changes causing loss of accrued frequent flyer mileage – The NV Flyer
Dear Airline Letters – Volokh Conspiracy
China Shows Off Its Drones – Volokh Conspiracy
China’s Drone Production – Opinio Juris
Outlook for FY2011 Appropriations Remains Murky – Space Policy Online
Stopped START Means More Spy Sats For The IC? – Songs of Space & Nuclear War
More Friday Fun: The New TSA Security Procedures (from a Canadian Perspective) – International Law Prof Blog
Airports Who Opt out of TSA Screening are Still Regulated by TSA – TSA Blog
New U.S./EU Airline Alliance Report Available – Aviation Law Prof Blog
Thoughts on the TSA Controversy – Lawfare
On drones – IntLawGrrls
Melbourne Journal of International Law, Vol. 11-1: Opinio Juris Online Symposium – Opinio Juris
‘Fly Me to the Moon: How Will International Law Cope with Commercial Space Tourism?’ by Steven Freeland – Opinio Juris
A Response to Steven Freeland by Frans G von der Dunk – Opinio Juris
A Response to Frans G von der Dunk by Steven Freeland – Opinio Juris
The Pat Down … – Homeland Security Watch
Thoughts on Being Groped by TSA – Lawfare
No KC-X Protest, For Now – DoD Buzz
Petition for Certiorari Filed in Pineda-Moreno, The Ninth Circuit GPS Case – Volokh Conspiracy
Third Circuit affirms dismissal of airline’s declaratory judgment action on forum non conveniens grounds – The NV Flyer
Will searches ever catch terrorists? – Cosmic Log
Canadian Military Space Policy to be Released in Early New Year – Space Ref Canada
Spatial Law and Policy 2011 Conference (January 12, 2011) – Spatial Law and Policy
Spatial Law and Policy Update (November 22, 2011) – Spatial Law and Policy
European Space Ministers Emphasize Space-Based Infrastructure, Exploration – Space Policy Online
Legal and Military Obstacles Hamper Canadian Space Assets Data Sharing – SpaceRef Canada
Deficit commission quietly edits a recommendation – Space Politics
European Ministers Voice Support for Galileo, GMES – EARSC
Senators Skeptical About Administration’s Intent on NASA Authorization Act – Space Policy Online
Australian Spatial Council Releases Online Map Guidelines – GeoData Policy
Spatial Law and Policy Update (December 2, 2010) – Spatial Law and Policy Update
Senate wants NASA to follow all of the law – Space Politics
Draft California Airport Land Use Planning Handbook Available for Review and Comment – Aviation and Airport Development Blog
Coming soon: a US decision on supporting a space “code of conduct” – Space Politics
New START Ratification: Seeing the Bigger Picture – FAS Strategic Security Blog
Obama’s Space Policy – Good/Bad For NASA? – NASA Watch
U.S. Center at COP-16: Using Space Technology To Improve Environmental Management – Dipnote
Space Agencies Join For Savings – DoD Buzz
FAA releases documents on Falcon 9/Dragon flight approval process – RLV and Space Transport News
Limited Liability Companies May Protect Aircraft Owners – Aviation Law Monitor
Utilizing the Canadian Economic Action Plan – Commercial Space
Outer Space Treaty – Universe Today
Federal Register: FAA Waiver of Acceptable Mission Risk Restriction for Reentry and a Reentry Vehicle (SpaceX Dragon)
December 7, 2010 at 11:02 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
The FAA published an FAA Waiver of Acceptable Mission Risk Restriction for Reentry and a Reentry Vehicle (SpaceX Dragon) (PDF) in Monday’s Federal Register (75 Fed. Reg. 75619-75621):
SUMMARY: This notice of waiver concerns two petitions for waiver submitted to the FAA by Space Exploration Technologies Corp. (SpaceX): A petition to waive the requirement that a waiver petition be submitted at least sixty days before the proposed effective date; and a petition to waive the restriction that the combined risk to the public from the launch and reentry of a reentry vehicle not exceed an expected average number of 0.00003 casualties (Ec <= 30 x 10-6) from debris. The first petition is unnecessary because, as explained below, SpaceX demonstrated good cause for its late filing. The FAA grants the second petition and waives the restriction that the combined risk to the public from the launch and reentry of a reentry vehicle not exceed an expected average number of 0.00003 casualties (Ec <= 30 x 10-6) from debris.
Astrium gets contract from the French Government
December 7, 2010 at 10:51 am | Posted in Space Law Current Events | Leave a commentBy Sara M. Langston with the blog faculty
Source: French Tribune
Aerospace subsidiary of European Aeronautic Defence and Space Co. NV, Austrim has announced that it has got a contract from the French government as per which it will have to make two military observation satellites. The total money involved in it is EUR795 million.
This is the second time that contract for such satellites have been given. The first of the lot will be launched in space by 2016.
And as per Astrium, the French government is going to provide orders for a third satellite as well.
Kazakh space agency seeks extra funding for new Baikonur launch pad
December 7, 2010 at 10:20 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
Source – RIA Novosti:
Kazakh space agency seeks extra funding for new Baikonur launch pad
10:44 06/12/2010
© RIA Novosti. Oleg UrusovKazakhstan’s national space agency, Kazcosmos, has requested more funding for the joint Russian-Kazakh project to build a new launch pad at the Baikonur space center.
In late December 2004, Russia and Kazakhstan signed the deal to build a new launch pad, named Baiterek, to send into space Angara carrier rockets capable of delivering 26 metric tons of payload to low-Earth orbits. The project is being implemented on a parity basis.
“Today a problem emerged in implementing this project – we have trouble with repaying a budgeting loan, the grace period of which expired in November,” the agency’s chief, Talgat Musabayev, told Prime Minister Karim Masimov. . . . [Full Story]
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