Page 17: of Maritime Reporter Magazine (February 2016)

For several years, the Coast Guard has in Congress that will, if enacted, provide for the FTC to interpret that mandate to noted above, no one cyber security plan been urging the maritime community to the Coast Guard with speci? c authority include cybersecurity. will be appropriate for all vessels and fa- adopt cyber security plans. The problem to mandate cybers ecurity plans within A similar situation exists regarding cilities.

is that no two vessels, waterfront facili- the maritime industry. the Coast Guard and the MTSA. In that Thus, it is likely that any initial cyber ties, or other maritime entities are the The Coast Guard seems to favor the statute, the Coast Guard is given respon- security plan requirements adopted by same. Some have only very basic com- legislation, but at the same time believes sibility of deterring and responding to a the Coast Guard will be vague. As ex- puter systems, while others have highly that it has in the Maritime Transporta- transportation security incident, de? ned perience and capacity develops in this sophisticated systems with dedicated in- tion Security Act of 2002 (MTSA) suf- as a security incident resulting in a sig- arena, those requirements will become house IT staffs. Some have converted ? cient authority to get the job done. A ni? cant loss of life, environmental dam- more speci? c and meaningful. The mar- their operations to be heavily dependent recent federal appellate court decision age, transportation system disruption, or itime sector will, with encouragement on computerized coordination and inter- supports that position. In that matter, economic disruption in a particular area. and a little prodding, implement increas- action, while others use electronics only the Federal Trade Commission (FTC) The MTSA also gives the Coast Guard ingly robust cyber security measures, as an adjunct to traditional operations. brought suit against a major hotel chain speci? c authority to require covered ves- further protecting itself from hackers of

Thus, one cyber security plan will not be alleging that the defendant’s cyber secu- sels and facilities to prepare and submit all persuasions.

able to address the myriad situations. rity program was insuf? ciently robust to for approval security plans that include

While it is vital that each element in protect its clients against hackers. The provisions for establishing and main- the maritime sector adopt a cyber secu- hotel chain defended itself by asserting taining physical security, passenger and rity plan, it is obvious that each cyber that, while the Federal Trade Commis- cargo security, and personnel security; security plan be tailored to address the sion Act prohibited “unfair or deceptive establishing and controlling access to se- circumstances of that particular entity. acts or practices in or affecting com- cure areas; procedural security policies;

The Author

The Coast Guard has issued guidance merce”, it provided the FTC with no communications systems; and other se- to its ? eld units and the Area Maritime authority regarding cyber security. Evi- curity systems (emphasis added). Given

Dennis L. Bryant is with Maritime Regu-

Security Committees (AMSCs) regard- dence showed that, prior to the litigation, today’s environment, there is little doubt latory Consulting, and a regular contribu- ing cyber security plans. In October, the the hotel chain had been the subject of at, if litigation ensued, a court would tor to Maritime Reporter & Engineering

House Committee on Homeland Secu- at least three computer hacks in which uphold the authority of the Coast Guard

News as well as online at MaritimePro- rity conducted a hearing entitled: “Pro- clients’ ? nancial information had been to require that security plans of covered fessional.com. tecting Maritime Facilities in the 21st stolen. The court held that Congress had vessels and facilities include a cyber se- t: 1 352 692 5493

Century: Are Our Nation’s Ports at Risk given the FTC a broad mandate and that curity component.

e: [email protected] for a Cyber-Attack?” A bill is pending it was not inappropriate or unreasonable The problem for the Coast Guard is, as

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