Philip Baum

Hypocrisy Avoidance & Effective Messaging: key factors to mitigating the threat of a post-coronavirus surge in unruly passenger incidents

by Philip Baum

International readers may not be familiar with the name Dominic Cummings. Those of you in the UK would have had to be living in isolation not to know who he is (oh, sorry, I forgot that is what we are all supposed to have been doing)!

Cummings is the Prime Minister’s muse. Without Cummings, it would appear, Boris Johnson is lost. The architect of the Brexit Vote Leave offensive, the fixer of Johnson’s crusade to become leader of the Conservative Party and the draughtsman of the Conservatives subsequent successful election campaign, he has an impressive ability to read the mood of the electorate and win. He is despised by the opposition parties and indeed by many of those in government, in part because he appears untouchable, unaccountable and now, so it seems, above the law.

Whilst the country, and world as a whole, were struggling to respond to the COVID-19 pandemic, and the need to comply with governmental guidelines critical to protecting lives, the news headlines in the UK towards the end of May were diverted to address a political storm. Yes, the backdrop was the coronavirus, but at its heart was the dilemma as to when, and by whom, regulations established to save lives can be broken…and what the consequences of such actions are.

To summarise: Living in London, Cummings’ wife started displaying signs that she might have coronavirus in late March, around the same time that Boris Johnson contracted the virus. With a four-year-old child to worry about, Cummings decided to drive 260 miles north to Durham in order that, should he become ill himself, his extended family would be on hand to support the care of their son. Allegedly they all isolated in a cottage, had food delivered to them and managed to socially distance. The problem, however, was that the Prime Minister’s chief advisor had, in effect, breached the government’s abundantly clear instructions that, given the national emergency, we should only leave our homes for a very specific list of necessities and that, if one had symptoms of the virus, one should isolate for 7-days and those living in the same household should remain in quarantine for 14-days. ‘Stay Home. Protect the NHS. Save Lives’ was the message.

Cummings, however, decided that this was not doable in London and, despite the fact that the vast majority of the population were struggling with being distanced from loved ones, he opted to drive the length of the country (allegedly, despite having a four-year old in the car, they did not stop en route, and nor has any explanation been given as to what they would have done had they needed to stop). It is true that one could leave home to protect a child, but this trip was clearly not in the spirit of the government’s message and the secrecy surrounding the trip makes it abundantly clear that the family, and Downing Street, also knew that this was problematic.

“…the constant stream of tweets of aircraft where it is abundantly clear social distancing is not happening…”

We might be inclined to give them the benefit of the doubt. Cummings did indeed develop symptoms consistent with coronavirus and the family did self-isolate. Yet on 12 April, after their quarantine period had ended, they took a road trip to the historic town of Barnard Castle. It happened to be Cumming’s wife’s birthday! The 30-mile trip was allegedly to enable Cummings to evaluate whether his eyesight was good enough to drive back to London the next day. Yes, he drove to a beauty spot with a four-year old in the car to see whether it was safe to drive! The height of irresponsibility if it were true, the epitome of arrogance if it were for pleasure. The family were seen in Barnard Castle and the media bruhaha ensued, prompting Cummings being afforded the abhorrent opportunity to have his own press conference in the Rose Garden at 10 Downing Street. Cummings refused to resign and Johnson has, so far, refused to sack him. Even if it were all true, Cummings should at least have had the decency to recognise that his personal situation was having a negative impact on the government’s core message to continue to stay at home and socially distance.

The general public, meanwhile, are now left questioning the importance of the government’s messaging. Indeed, they are angry. Repulsive scenes of Cummings’ home being besieged by hypocritical journalists and photographers, clearly not socially distancing, and vocal members of the general public who had total disregard for Cummings’ neighbours, let alone the impact their abusive comments might have on Cummings’ young son, were broadcast and made for disturbing viewing.

So, what, you might well ask, has this all got to do with aviation security? For me the lessons are abundantly clear. As the industry strives to recover from the economic tsunami, and put in place measures to protect the passengers and crew who, we hope, will return to the skies, the messaging we utilise must be based on common sense and reflect reality. Should we fail to do so, not only will we once again facilitate the spread of the virus (and, yes, whether we like it or not, aviation unwittingly played a key role in enabling the pandemic), but we will also have to respond to a surge in unruly passenger incidents.

We are already seeing the constant stream of tweets of aircraft where it is abundantly clear social distancing is not happening. Yet if one looks at the press releases emanating from the media relations departments of airlines and airports, the impression given is that the industry is really going to offer a safe environment for international travel.

“…performing temperature checks on passengers at the boarding gate does not mean that they are not carrying the virus…”

In our minds, we all have to juggle the health risk vs economic recovery dilemma – it’s nigh on impossible to prioritise both, so a balance has to be achieved. We’d love to kill off all opportunity for the virus to spread and truly lock down, but we know that even more lives will probably be lost if the economic repercussions are too cataclysmic.

Honesty is the best policy. We need to get people back in the skies, but our messaging should not attempt to disguise the risks. We must be clear about our countermeasures, and adopt a zero tolerance stance for those who wish to flout them, be they passengers, crew or other industry employees.

There are a number of facts that the aviation industry has to accept. First, coronavirus is going to be around for some considerable time. Second, performing temperature checks on passengers at the boarding gate does not mean that they are not carrying the virus – the symptoms may not yet have started to show or the passenger may have taken medication to reduce their fever just before the fever scan is performed. Third, we must be realistic that we might be able to socially distance on board aircraft, subject to seat configuration but, in the busier hubs, it is not feasible to maintain a two-metre distance from all people at all times in the airport. That is not a reason not to fly, but it is justification for transparency. After all, even a trip to the supermarket carries an inherent risk – and I have yet to make one trip to the shops and witness genuine social distancing throughout the shopping process.

The post-coronavirus flying experience concerns me from three security perspectives. First, as I wrote in my lead editorial in the last issue, security screeners will be tasked to perform health checks, thereby diverting their attention from the very real, and current, terrorist threats the industry faces. Second, socially distanced protocols at checkpoints are further diluting the responsibility of the human being in the detection of threats and fuelling the ill-judged drive towards completely automating the screening process. The inability to see passengers’ expressions behind COVID-19 masks, the likely reduction in close-up pat down searches and a greater reluctance to search belongings by hand could have grave consequences. But don’t underestimate the third challenge – unruly passengers.

“…fear and frustration also have a significant impact on a passenger’s mood, and these can be exacerbated by mixed messages…”

Acts of unruly behaviour in the aircraft cabin have been increasingly challenging aircrew. The rationale behind each incident is different and intoxication is far from being the only cause. Fear and frustration also have a significant impact on a passenger’s mood, and these can be exacerbated by mixed messages. Reassuring passengers that we are offering them a safe travel environment and then seating them closer to a stranger than they have been with their own family and friends during lockdown is going to result in angry outbursts. Crewmembers, or any airline or airport employee, that are not seen to be socially distancing whilst we ask passengers to don masks and request permission to use the lavatories will grate.

What we witnessed outside the home of Dominic Cummings could take place on board aircraft, with no police on hand to diffuse the situation. All the more reason for us to practice what we preach and not adopt a ‘do as I say, not do as I do’ attitude. There is much about our approach to aviation security that does not appear to be based on common sense, but with everybody listening for months now to the messages regarding how to remain safe in the coronavirus era, it is of absolutely fundamental importance that the aviation industry recovers economically whilst also being an exemplar of safety best practice – something the industry has long been lauded for and cannot now afford to denigrate.

Industry News

Leidos completes acquisition of L3Harris Technologies’ Security Detection and Automation Businesses creating a comprehensive, global security and detection portfolio

Leidos (NYSE:LDOS), a FORTUNE® 500 science and technology leader, today announced that it has completed the acquisition of L3Harris Technologies’ (“L3Harris”) Security Detection and Automation businesses, for approximately $1 billion in cash. The transaction was previously announced on Feb. 4, 2020.

The acquired businesses provide airport and critical infrastructure screening products, automated tray return systems and other industrial automation products. They will operate within the Leidos Civil Group, led by Jim Moos, Civil Group president. Combined with Leidos’ existing cargo and baggage screening product lines, Leidos now goes to market with a global security detection and automation footprint of more than 24,000 systems deployed in more than 120 countries. Leidos will continue to serve global customers in the aviation, transportation, government and critical infrastructure markets.

“In line with our mission of making the world safer, healthier and more efficient, this security detection and automation acquisition furthers our important work in the secure movement of people and commerce globally,” said Leidos Chairman and CEO Roger Krone. “We are excited to support critical infrastructure wherever it is needed, and to help transform the global security marketplace.”

“This deal expands our scope and scale in securing ports and borders, enhancing passenger movement in airports of the future, and fortifying infrastructure for national security and public venues,” said Moos. “We are pleased to welcome more than 1,200 L3Harris employees around the world to the Leidos team, who share our deep commitment of providing our customers with a fully-integrated security technology ecosystem.”

Compelling Strategic and Operational Benefits

Expands Product Portfolio in High-Growth, Global Security Market: The closing of this acquisition creates a comprehensive and cohesive security detection platform by adding technologies including checkpoint CT scanners, people scanners, explosives trace detectors, checked baggage screeners, and automated tray return systems (ATRS) to Leidos’ security detection portfolio. The combined solutions enhance the company’s offerings in an evolving global security product market, which allows diversification beyond the federal budget and positions the company for long-term growth.

Increased International Presence Diversifies Revenue: This business expands customer penetration across aviation, ports, borders, and critical infrastructure internationally and increases Leidos’ international security products revenue more than six-fold. The deal brings Leidos products into 75 additional countries.
Growth and Innovation Accelerated by Scale: The integration of these new businesses into a comprehensive portfolio enables Leidos to leverage its core technical strengths, in-depth biometrics capabilities, and global sales channels to rapidly develop and deliver new solutions. Technology investments across the combined portfolio will help accelerate innovation to address emerging and evolving threats and improve service efficiency for customers.
Transaction Details

The transaction is expected to be immediately accretive to Leidos’ revenue growth, EBITDA margins, and non-GAAP diluted earnings per share upon closing.

Cash consideration of approximately $1.0 billion plus related transaction costs was funded through a combination of excess cash on hand and a two-year term loan.

PS752: Foul Play or Technical Malfunction?

by Philip Baum, Editor-in-Chief, Aviation Security International

No sooner had the news broken this morning that a Ukraine International Airlines flight, PS752, had crashed shortly after its departure from Teheran for Kiev, speculation erupted on social media that the plane must have been brought down by a missile or some other act of foul play. After all, this was the same night that the Iranian authorities had elected to target US military facilities in Iraq with missile strikes in response to the killing of General Qasem Soleimani on 3 January.

The Iranian authorities must have been fearful of any tit-for-tat response from the Americans, meaning that any aircraft deviating even slightly from its intended course (memories here of Korean Air flight 007) could be deemed to pose a threat and become the target of a trigger-happy anti-aircraft gunner. But, for now, it’s all speculation. And I’d prefer ro avoid speculating until more details become apparent. That said, if not an act of foul play, intended or otherwise, it is a cruel coincidence that two of the countries most associated with previous missile attacks were to be the protagonists in the loss of PS752.

Most recently, in 2015, in the highest profile shoot-down of the modern era, it was Malaysia Airlines flight MH17 that was brought down whilst overflying Ukraine by a Buk missile. 298 innocent lives were lost in an instant; Russian-backed rebels are believed to be responsible. Then again, in 2001, and only shortly after the 9/11 attacks, Ukraine itself was held responsible for the shooting down a Siberia Airlines flight en route from Tel Aviv to Novosibirsk. It was a mistake – a tragic one – as the Ukrainian forces were engaged in a military training exercises and had locked on to what they believed to be a drone; inadvertantly they had actually locked on to the Siberia Airlines flight and 78 people were to lose their lives as a result. Ukraine never officially accepted responsibility, but they did cough up compensation to the victims’ families. And an Iranian aircraft was itself the target of a missile strike back in 1988 when the USS Vincennes shot down Iran Air flight 655, en route from Bandar Abbas to Dubai, allegedly mistaking the Airbus for a fighter jet. In the aftermath of the subsequent bombing of Pan Am 103 over Lockerbie in December 1988, those who considered Iran responsible for the bombing (and who question Libyan involvement) moot that it could well have been a retaliatory act against the US for the destruction of Iran Air flight 655.

But, for all that, it’s too early to state whether PS752 was, today, brought down by a missile or, as initially claimed by the Ukrainian authorities (albeit subsequently retracted), due to a major technical malfunction that just happened to occur on an aircraft between two states sadly associated with loss of aircraft due to military error on a night when Iran was likely to be most sensitive to being the target of an aerial attack.

The Loss of Ukraine International Airlines Flight PS752: a failure of risk management rather than military ‘human error’

by Philip Baum

On 8 January 2020, Ukraine International Airlines flight PS752 was cleared for take-off from Tehran’s Imam Khomeini International Airport for its scheduled flight to Kiev. It departed at 06:12, almost an hour behind schedule, but it was never to reach its intended destination. The lives of 167 passengers and 9 crew members were to be extinguished when the Armed Forces of the Islamic Republic of Iran fired missiles “due to human error” towards the aircraft, allegedly believing it to be an incoming US cruise missile.

This was the latest military mistake to have catastrophic consequences for the aviation industry and, whilst air safety records are generally improving year on year, incompetence by armed forces has now become one of the greatest hazards for commercial aviation. And the main protagonists in the loss of PS752 will be only too aware of that. Ukraine, despite its good safety record, is, sadly, almost synonymous with the loss of aircraft due to military errors – since the turn of the century, it has been violator, venue and, now, victim.

On 4 October 2001, less than a month after the attacks of 11 September – hence a period of high tension with the aviation community – it was the Ukrainian Air Force that accidentally shot down Siberia Airlines flight 1812 whilst it was en route from Tel Aviv to Novosibirsk. According to a report by Professor Jacek Gieras, the “Ukraine defence forces were doing an exercise near the coastal city of Theodosia in the Crimea region. Missiles were fired from an S-200V missile battery. A 5V28 missile missed the drone and exploded some 15m above the Tu-154M. The aircraft sustained serious damage, resulting in a decompression of the passenger cabin.” The aircraft plunged into the Black Sea, claiming all 78 souls on board.

More well-known of course is the destruction of Malaysia Airlines flight MH17 on 17 July 2014. The B777 was en route from Amsterdam to Kuala Lumpur when, in Ukrainian airspace, it was shot down by a Buk missile. A Joint Investigation Team (JIT), comprising officials from the Dutch Public Prosecution Service and the Dutch police, along with police and criminal justice authorities from Malaysia, Ukraine, Australia and Belgium, was formed to conduct the subsequent criminal investigation. The JIT established that the Buk missile installation that brought down the flight belonged to the Russian army; a trial is set to commence this March, albeit with the three Russians and one Ukrainian accused being tried in absentia.

Iran also has experience of a military error, which had catastrophic consequences for civil aviation. An Iranian aircraft was the target of a missile strike back in 1988 when the USS Vincennes shot down Iran Air flight 655 en route from Bandar Abbas to Dubai, allegedly mistaking the Airbus for a fighter jet. In the aftermath of the subsequent bombing of Pan Am flight 103 over Lockerbie in December 1988, those who argue that Iran was responsible for the bombing (and who, to this day, question any Libyan involvement) moot that it could well have been a retaliatory act sponsored by Iran against the US for the destruction of flight 655.

Save for establishing the facts, and holding those responsible accountable for their actions, achieving ‘justice’ for the victims of such incidents is of questionable value. Compensation is normally paid to the families of victims, but how much is a human life worth? $200,000? It took until 1996 for the Americans to pay out over $60 million, or just over $213,000 per passenger, to the families of flight 655’s victims, but they never admitted any legal liability. In a similar vein, Ukraine ended up paying $200,000 to the families of each of the Israeli and Russian victims of flight 1812, yet the Ukrainians also stated that the settlements were made “as a humane action, not the admission of guilt”.

So, yes, the families of the victims of flight PS752 will receive ‘compensation’, but perhaps an even greater gift would be ensuring that the industry, and governments, take steps to prevent such tragedies ever happening again.

Let’s be clear, Iran bears 100% responsibility for the loss. There may have been ‘circumstances’, and it would be true to say that those lives lost on PS752 were collateral damage resulting from unrest in the region, but there are no extenuating circumstances that can excuse the action taken. Whether or not one agrees with the US decision to neutralise General Qasem Soleimani on 3 January, prompting the increase in tension within the Middle East and triggering the Iranian missile strikes against US facilities in Iraq four hours before the shooting down of PS752, to try to apportion blame to the US is pure political expediency.

At the time of writing, the investigation is in its very early stages. There is every reason to question Iran’s ability to conduct a thorough, honest, and transparent enquiry given its initial reaction to the disaster. When it must have been abundantly clear to the administration that the flight had been brought down by an Iranian missile, Ali Abedzadeh, the head of Iran’s Civil Aviation Authority, had the gall to claim that, “Scientifically, it is impossible that a missile hit the Ukrainian plane, and such rumours are illogical.” The international aviation community, as well as States at a diplomatic level, must ensure that Iran is held to account.
Iran has at least finally come clean and admitted, on 11 January, that its “Armed Forces’ internal investigation has concluded that regrettably missiles fired due to human error caused the horrific crash of the Ukrainian plane & death of 176 innocent people. Investigations continue to identify & prosecute this great tragedy & unforgivable mistake.” But this was not just human error.

The officer who, in the heat of the moment and possibly genuinely believing that Iran was being targeted by US missiles, may have erred, but it was the decision not to close its airspace that is actually unforgiveable. Iran knew it was about to launch an attack on US bases in Iraq. Iran knew that the US might well respond with a tit-for-tat counter-attack. Iran knew, therefore, that civil aviation was at risk.

Yet the airport remained open. Nine flights departed between the commencement of missile strikes in Iraq and the loss of PS752. Aeroflot had departed for Moscow, Qatar Airways to Doha and Turkish Airlines to Istanbul. So too had Iran Air and Mahan Air flights taken off. Ukraine International Airlines was the unlucky victim, partly because its captain had been diligent enough to off-load baggage as the aircraft was over its certified take-off weight – the reason for the hour delay in its departure. It seems, at this stage, that it could have been any flight caught in the crosshairs.

Aviation’s current excellent safety record has been achieved by embracing an abundance of caution and never knowingly gambling on a flight not having a Buckley’s Chance of being targeted. Where loopholes exist, they are acted upon, however remote the chance of tragedy occurring.

Since the loss of MH17, the industry has been addressing the risk posed to civil aviation over, or near to, conflict zones. In 2016, ICAO published guidance materials entitled Civil Aircraft Operations Over Conflict Zones and, following a number of ‘edits’, this morphed into the current Document 10084, now in its second edition, entitled Risk Assessment Manual for Civil Aircraft Operations Over or Near Conflict Zones.

ICAO also established a centralised, web-based repository for information related to risks to civil aviation arising from conflict zones – the Conflict Zone Information Repository (CZIR) – but this was later abandoned as States were not posting information on it. It was just politically too sensitive and became untenable; the CZIR was devised on the basis that States would share their airspace threat assessments, but that, in many cases, meant States calling out allies in a very public forum. Meanwhile, there was enough open source information available and some States were posting their own aeronautical information relating to operations over or near conflict zones on their own websites, whilst also disseminating Notices to Airmen (NOTAMs) to relevant stakeholders.

Regional organisations such as the European Union Aviation Safety Agency (EASA) also publish bulletins. As an example, on 1 October 2019, EASA published a Conflict Zone Information Bulletin regarding Libyan airspace in which it said, “Due to the hazardous security situation, with the presence of terrorist organisations and ongoing high intensity military operations, there is a HIGH risk of both intentional and unintentional attacks to civil aviation at all altitudes. Air navigation services in the country could be degraded or unavailable.”

Furthermore, commercial organisations, such as Osprey Flight Solutions and MedAire, are filling the threat information gaps by providing their clients with even more timely, detailed and therefore valuable intelligence to facilitate effective risk assessment.

The potential for military errors can, however, be easy to overlook in risk assessment. Many question why airlines had assessed it to be safe to operate flights to Iran in the days following the death of Qasem Soleimani, yet the reality was that the ‘action’ was taking place in Iraq, not Iran. There was certainly a war of words between the US and Iran but Iranian airspace was not going to become endangered until Iran took the decision to carry out its attacks against US bases in Iraq.

Until those missiles were launched, it was more than reasonable for carriers to continue their operations to Iran – and to overfly the country. The Middle East in general has, since the dawn of aviation and indeed long before it, been an unstable region, but avoiding it is no easy task. It’s not just a matter of cost by not operating the shortest route, it’s also about the availability of (suitable) airports to divert to in case of emergency, the range of aircraft operating long-haul routes, flight connection times, crew operating hours, night time curfews at arrival and departure airports and weather. Furthermore, unlike ring roads around major population centres on the ground which are often notorious for their traffic jams, aircraft can’t simply stop and wait when the air routes become too busy.

States and airlines must continue to ensure effective risk assessment. That also means being able to make hasty decisions to file fresh flight plans and to determine that a departure might not be advisable due to the dynamic, ever-changing world we operate in. Whilst Iran may be culpable for the loss of PS752 given its failure to close its airspace when, according to General Amir Ali Hajizadeh the military had “requested several times that the country’s airspace become clear of all flights,” only to have such requests denied, airlines, too, need to consider whether they shouldn’t have aborted all flight departures the moment Iran attacked the US bases. That requires 24/7 risk assessment but it also means thinking ahead as to what action should be taken should political tensions escalate. Sadly, there was only a Buckley’s Chance of disaster striking PS752 – but it did – and as a result, 176 innocent souls are in our thoughts and prayers.

Philip Baum is Managing Director, Green Light Limited, Visiting Professor of Aviation Security at Coventry University and Editor-in-Chief of Aviation Security International. Contact: editor@avsec.com

Industry News

Civil Liberties & Aviation Security: a contradiction in terms?

Most of us go about our daily lives oblivious of the security measures put in place to protect us and the society we live in. We know, or at least hope, that the security services are doing their utmost to take necessary steps to guard against the next terrorist atrocity. However, when we fly we witness and experience enhanced security measures which in some respects reassure us, yet also force us to consider the degree to which our personal privacy can be invaded in the process; these measures, after all, have a serious impact on issues of fundamental human rights and civil liberties, including the rights to privacy and data protection, freedom of movement, the right to equal treatment and non-discrimination, and freedom of thought, conscience and religion. In January 2017, and in light of the Executive Orders signed by newly elected President Trump limiting the travel of certain people based on their nationality or country of birth, this has become an ever more taxing issue. Olga Enerstvedt questions whether it is possible to satisfy both aviation security requirements and passengers’ civil liberty rights, or whether there is a contradiction between them.

On the one hand, states have a duty to maintain a high level of security, to adopt measures protecting persons, aircraft, airport facilities and other assets from harm. On the other hand, there are various instruments aimed at protecting human rights, and states are obliged to promote, respect, protect and fulfil them.

Balancing or Proportionality Test?
A common suggestion is to find a balance between liberty and security values. In other words, we should use the so-called ‘trade-off model’. In short, it is not possible to place greater emphasis on one of the values without detracting from the other.

However, in balancing terms, civil liberties will always be compromised. It is obvious that security, which is vital to survival, is more important than, for example, privacy, which is a social and political need but is not an immediate matter of survival. Only when security needs are satisfied is it possible to consider needs relating to civil liberties at all.

The balancing concept is subject to criticism; firstly because it justifies the compromises to civil liberties. It is suggested that, instead, the test of proportionality should be used. By using the latter, one can evaluate whether a security measure is suitable, necessary, without any less intrusive alternatives, non-excessive, and so on. Applying these criteria allows us to assess whether the human rights risks caused by this measure are proportionate to its security benefits and other factors.

Civil Liberties Risks
Unfortunately, in an article, one cannot look into civil liberties issues in aviation security in depth. Nevertheless, using the results of my previous extensive research, the risks relating to a number of emerging but increasingly used technologies – body scanners, camera surveillance (CCTV) and Passenger Name Record (PNR) systems – can be summarised in the table (Table 1, facing page).

In brief, to different extents, all of the indicated measures interfere with privacy and raise concerns in respect of a number of data protection principles, such as fair and lawful processing, proportionality, purpose limitation, minimality, and data subject influence.

The right to freedom of movement may suffer as well, in particular with regard to PNR and smart CCTV, if innocent persons are mistakenly stopped, searched and detained, mainly as the result of mistaken inclusion on various watch lists, inaccuracy of facial recognition and behavioural analysis techniques.

All the measures raise concerns with respect to the right to non-discrimination. Body scanners may discriminate against ‘abnormal’ persons and may be used discriminatively if a person is selected by security officers to go through the device or automatically chosen due to specific characteristics. In the case of CCTV, some people are over-scrutinised by either human security staff or by automatic tools. The use of PNR may also involve the use of sensitive data and profiling, which is discriminative by nature.

With regard to the freedom of thought, conscience and religion, all the measures can have a negative impact indirectly, mainly via religion as a criterion for discrimination. Additionally, if smart CCTV detects movements that are quite neutral but are linked to practising a specific faith, but which are deemed suspicious, this can discriminate and disproportionally affect the right to privacy of a specific group of persons.

Industry News

Foreign Fighters: the role of, and threat to, international civil aviation

The threat posed by so-called ‘foreign fighters’ has intensified over the last few years. Dr John Harrison attempts to place the complex issue in context and offer some ways in which the international civil aviation system can play a role in addressing the threat.

One of the defining characteristics of the al-Qa’eda (AQ) and Da’esh (the author will use the Arabic acronym for so-called Islamic State) has been the ability of both groups to attract, and train individuals globally to come and fight for their cause. Al-Qa’eda, for example, is thought by some to have processed as many as 100,000 people in its camps between 1996 and 2001, albeit the figure most likely stands between 10-20,000. Similarly, Da’esh has been able to attract foreign fighters to Syria and Iraq and, to a lesser degree, Libya. According to the United Nations 360,000 have entered Syria since 2011, and while around 30,000 remain, tens of thousands have either died or otherwise departed. Some, as demonstrated by the attacks in Europe since 2014, are returning to their home countries with their extremist ideology intact.

The Threat in Context
Since the beginning of the Iraqi insurgency in 2004, the concept of the foreign fighter has been gaining wider traction. Experts understand the term to mean individuals who leave their country of origin or residence to join a non-state armed group fighting abroad. The typical profile of a fighter is a male between 18 and 30 who is either ideologically motivated -(usually a radical and distorted understanding of Sunni Islam), looking for meaning in their lives, or simply seeking adventure. While many are paid better than local fighters, money does not seem to be their primary motivation, so they are not considered mercenaries.

The phenomenon is of course not new; 35,000 so-called ‘Afghan Arabs’ – Muslims from 43 different countries – fought against the Soviets during their invasion of Afghanistan. During the Spanish Civil War (1936-1939) almost 60,000 foreigners fought, primarily for the Republicans. Perhaps most famously, Lord Byron and other English foreign fighters went off to fight in the Greek War of Independence in the 1820s. What defines the current wave of fighters – including those who participated in the Soviet War in Afghanistan – is that some have remained active combatants, travelling from the Balkans to Chechnya, to Algeria to Yemen throughout the 1990s and early 2000s, and are increasingly returning to their homeland and countries of residence.

The Two Foreign Fighter Threats
The international focus on the foreign fighter phenomenon has, understandably, fixated on those fighters aligned with Da’esh and other anti-Syria regime combatants (predominantly Sunni Muslims). As a consequence, a smaller but strategically important group has been overlooked: the pro-regime Shi’a fighters – the Syrian regime comes from the Alawites, a Shi’a group. Iran – a Shi’a majority state that backs the regime – has recruited 20,000 Afghan Shi’a, and an unknown number of Pakistani Shi’a to fight as part of the Iranian Revolutionary Guard Corps (IRGC) forces in Syria. Additionally, Iran has used its air force, the state carrier Iran Air, and private carriers Yas and Mahan Air to help move combatants. The latter two have been sanctioned by the United Nations Security Council for transporting equipment and personnel to fight for the Syria regime. The air route between Iran and Syria is the most critical supply corridor as the land routes through Iraq are currently controlled by Da’esh and Iran does not have sea-lift capabilities.

These Shi’a fighters are perhaps more of a strategic threat than Da’esh; when these trained and experienced fighters return to Afghanistan, or Pakistan, they may serve as a catalyst for further sectarian violence in these countries, which already face deepening sectarian divides. But unlike Da’esh, Iran will have a greater ability to direct and support and even control these groups to advance its strategic interests.

It is important to note that al-Qa’eda has not ceded the field to Da’esh. Not only is it now aligned to two other groups, Jabhat Fatah al-Sham (formerly known as Jabat al Nursa) and Ahrar al-Sham, but AQ has also sent a special unit, identified by the US as the Khorasan Group, to conduct mass casualty attacks in Europe including aviation targets. US airstrikes in Syria in September of 2014 are understood to have disrupted the group.

That said, the recent Da’esh-linked attacks in Paris, Brussels, Berlin and elsewhere have demonstrated that the threat posed by these fighters to the rest of the world, and the aviation industry in particular, is no longer theoretical.

Industry News

MS804: explosive residue on victims confirmed

by Philip Baum

When EgyptAir flight MS804 crashed on 19 May last year, whilst en route from Paris to Cairo, speculation was rife that the disaster had been caused by a terrorist bomb. After all, modern aeroplanes don’t just fall out of the sky and, considering that both Egypt and France were at the time, and continue to be, in the crosshairs of terrorist actions, it seemed to be the logical assumption. Yet, with an absence of proof, evidence of a fire on board (albeit cause unknown), and the French authorities keen for one of their gateway airports not to be the point of loading of the latest explosive charge, the security story was kept at bay.

At bay, that is, until just before Christmas. On 15th December, the Central Directorate of Aircraft Accident Investigation at the Egyptian Ministry of Civil Aviation received the forensic report relating to the victims’ remains; it finally confirmed that explosive residue had been found on the bodies of the victims of the disaster. “The Egyptian Aircraft Accident Investigation Committee has transferred the case to the Egyptian Prosecution Bureau for further investigation” and another passenger jet has seemingly succumbed to a terrorist act.

The news was not new. In September, Le Figaro had reported that bodies had been found to have traces of TNT on them, but this week’s announcement was the first official confirmation.

Aside from ISIS, the only entity that benefits from this latest development is Airbus; flying continues to be safe, if not secure, and the manufacturer of the jet was not at fault. For Egypt, desperately trying to resurrect its tourism industry in the aftermath of the October 2015 Metrojet bombing over the Sinai, and the subsequent cancellation of almost all European and Russian charter operations to Sharm el-Sheikh, the news could not be worse. The message, exacerbated by suicide bombing of the el-Botroseya Coptic church in Cairo on 11th December, which killed 25 people and injured dozens of others, and the 9th December bombing near the Pyramids in Giza, which killed seven people, simply illustrated that Egypt is a prime target for ISIS; the group has claimed responsibility for both the Metrojet and Botroseya church attacks as part of their “war against apostates”.

France has, perhaps, benefited from the delayed confirmation of the presence of explosive residue. The story has lost its momentum and, in any case, whilst the doomed flight did depart from Charles de Gaulle, there is absolutely no evidence that the bomb was loaded there; the aircraft had stopped at a number of other airports where the device could have been infiltrated on board. That said, it was as recently as December 2015 that 70 employees at the French capital’s airports had their security passes revoked in the aftermath of the November 2015 Paris attacks. A decade ago, another 72 Muslim male staff found themselves unable to continue in their employment at Charles de Gaulle airport as they were deemed, by the Anti-terrorist Co-ordination Unit (UCLAT), to represent a vulnerability or danger. The insider threat has, for some time, been deemed to be a real concern in France.

It is highly unlikely that any airlines are going to cease operations to Charles de Gaulle as a result of the loss of MS804, and no European government will put in place the sanctions they did against Egypt after the loss of the Metrojet flight. Such is the nature of international politics and economics. Whilst Egypt has been forced to clean up its act, and its economy suffered hugely as a result, the number of people going through Charles de Gaulle over the Christmas holiday period was similar to previous years.

But France, and other European states, face an even greater challenge than their Egyptian counterparts. Behind the scenes, there will be considerable pressure to aggressively address the insider threat. All staff will be treated with a degree of suspicion and, like it or not, it will be Muslim employees who will bear the brunt of the clamp down. Those who previously had their passes rescinded have claimed that they were questioned about their degree of religious observance and, for those who were brought up overseas, the schools they had attended. More overtly orthodox employees were reported by their peers more frequently as behaving suspiciously. We cannot, however, allow religious sensitivities to stand in the way of effective security protocols. If the insider threat is alive and well – and it is – our key defence is to better profile our fellow workmates. If that is the route we wish to go down, then we need to better educate them not to make ignorant decisions based on racial or religious stereotypes.

Screening staff, and their belongings, is also essential; the events of the last 16 months have demonstrated that bombs are more likely to make it onto aircraft through the actions of an insider than by a passenger. The technological advances, and the associated deterrent effect, need to have the same security impact on staff as they do on passengers. And, yet again, I call on the United States not to wait for a terrorist attack perpetrated by an industry insider before it introduces measures to mitigate that vulnerability; demand staff be screened now.

Industry News

Non Orbis Unum (Not One World): the problem with one-stop security

For years the aviation security industry has worked towards an idealised standard of security whereby passengers are only ever screened once at the onset of their journey, regardless of the number of transit stops. However, in the current climate, the concept of one-stop security is not only looking to be less achievable but also less desirable. Shannon Wandmaker discusses the reasons why this is so and, more positively, examines what is achievable to make the screening process more palatable to the travelling public, whilst also enhancing their protection.

In 47 years’ time, after teleportation makes the aviation industry redundant, or advances in virtual reality make travel unnecessary, some diligent Bachelor of History major is going to write a paper titled, ‘One-stop: the disconnect between idealism and reality in aviation security’. For the seven people who read it, the paper will come to an unremarkable and entirely predictable conclusion: one-stop aviation security never happened. Indeed, it never even came close to happening. Like poverty eradication and world peace, ‘one-stop security’ is more a rallying cry than an achievable goal, and for all the talk of harmonisation, mutual recognition and equivalence, very little progress is ever made.

It’s worth asking not only why this is, but also exploring whether one-stop security should even be the goal or whether there are better ways to improve aviation security outcomes and the passenger experience.

The idea of a seamless passenger experience – where the travelling public proceeds through security only at the start of the journey, and is not subjected to transit or transfer screening – has been around since the installation of the second walk-through metal detector. Yet in many ways, the world is further away from one-stop aviation security than ever before.

One reason is that one-stop goes against a fundamental building block of aviation security: the layered approach.

Like almost all critical processes in aviation, healthcare, engineering and other industries, redundancies are built into aviation security to ensure that, as much as possible, when something is missed there is an opportunity to rectify the mistake. Any transit screening point officer can give daily examples of prohibited items they have discovered on previously screened and cleared passengers.

The current passenger screening process is clumsy and antiquated. Layers of the existing process need to be updated or removed, and risk-based measures rather than a one size fits all approach should be implemented. Nevertheless, even the current methods of screening transit passengers still provide an opportunity to identify threats to the aviation network that have been missed on the first pass.

The fact that countries have different screening capabilities also provides a significant barrier to one-stop security, as highlighted by transit screeners routinely confiscating prohibited items.

Industry News

Get Out!: airport evacuations, protecting lives and reputations during unplanned events

How do we differentiate between an evacuation and an escape? Airports have long had evacuation plans for a variety of circumstances, from natural disasters to fire alarms and from significant weather events to security breaches. But lately the industry has had to come to terms with a new type of evacuation, one that is entirely different to the others: the chaotic, terrifying, run-for-your life escape. When a shooting starts, self-preservation instincts kick in and it’s about getting away from the gunfire by any means possible. But how can an airport effectively handle these most challenging types of evacuations? In the aftermath of the Fort Lauderdale attack, Jeffrey C. Price and Lori Beckman urge security personnel to plan for the worst, and examine the most common issues experienced by airports whose passengers and employees are forced to run for their lives.

Airports have seen an increase in attacks in the past few years. In the past four years, there has been an attack by a lone gunman at the Los Angeles International Airport, which killed a transportation security agent; suicide bombers at Brussels Airport; an active shooter team turned suicide bombers at the Istanbul Ataturk Airport, and the most recent, 6 January 2017, lone gunman attack in Florida at Ft. Lauderdale International Airport, which killed five people and wounded two others, to note just a few. When the shooting starts most people will instinctively bolt out any door or down any passageway in order to escape the murderous gunfire and explosions.

During this type of self-directed evacuation, people are likely to be pushed, shoved or trampled causing additional damage to property, injuries and possibly even fatalities. Additionally, emergency evacuations can cause upwards of half a million dollars of lost revenue with flight cancellations and delays, and potential lawsuits after the fact. Plus, the unplanned delays can delay and/or cause the cancellation of flights throughout the world. Airport operators will also be judged in the court of public opinion as the media will not only investigate the airport’s response, but also the ability of the airport to properly handle the evacuation and eventual repopulation of the terminal building. Despite the chaos and the confusion airports still have a responsibility to help manage the evacuation of the rest of the airport, and to get the airport open and operational as soon as possible. Many airports have taken actions ahead of time that may help save lives during the escape, and during the subsequent evacuations and repopulation of the terminal.

In taking protective actions, airport personnel have to make a variety of decisions, the most important of which is whether to actually evacuate or shelter-in-place. During weather events or natural disasters where putting people outdoors may actually place them at greater risk, the decision is typically made to shelter-in-place until the hazardous condition has passed. However, airports must be prepared to host hundreds or possibly thousands of people for a long period of time, hours and in some cases, several days. If keeping people inside the airport could result in their being in more danger then an evacuation is the preferred course of action. During an active shooter or airport assault, it’s possible that some people should shelter-in-place, while others need to be evacuated. Adding to this challenge is that these decisions need to be made very quickly, and decision-makers may not have all the information they need in order to make the decision.

The decision to shelter-in-place puts the airport operator in the position of hotelier. Even in a short-term situation – such as a passing thunderstorm or tornado – airports must have an effective method of notifying the airport population of the hazard, and have safe areas clearly marked and accessible by all passengers and personnel. For longer term sheltering, the airport should be prepared with additional food stores, blankets, cots, and medical supplies, as many passengers ignore the advice to keep medicines with them and will have checked their medicines in their hold baggage. Some passengers may have medicines that require refrigeration after a period of time.

Industry News

Civil Liberties & Aviation Security: a contradiction in terms?

Most of us go about our daily lives oblivious of the security measures put in place to protect us and the society we live in. We know, or at least hope, that the security services are doing their utmost to take necessary steps to guard against the next terrorist atrocity. However, when we fly we witness and experience enhanced security measures which in some respects reassure us, yet also force us to consider the degree to which our personal privacy can be invaded in the process; these measures, after all, have a serious impact on issues of fundamental human rights and civil liberties, including the rights to privacy and data protection, freedom of movement, the right to equal treatment and non-discrimination, and freedom of thought, conscience and religion. In January 2017, and in light of the Executive Orders signed by newly elected President Trump limiting the travel of certain people based on their nationality or country of birth, this has become an ever more taxing issue. Olga Enerstvedt questions whether it is possible to satisfy both aviation security requirements and passengers’ civil liberty rights, or whether there is a contradiction between them.

On the one hand, states have a duty to maintain a high level of security, to adopt measures protecting persons, aircraft, airport facilities and other assets from harm. On the other hand, there are various instruments aimed at protecting human rights, and states are obliged to promote, respect, protect and fulfil them.

Balancing or Proportionality Test?
A common suggestion is to find a balance between liberty and security values. In other words, we should use the so-called ‘trade-off model’. In short, it is not possible to place greater emphasis on one of the values without detracting from the other.
However, in balancing terms, civil liberties will always be compromised. It is obvious that security, which is vital to survival, is more important than, for example, privacy, which is a social and political need but is not an immediate matter of survival. Only when security needs are satisfied is it possible to consider needs relating to civil liberties at all.

The balancing concept is subject to criticism; firstly because it justifies the compromises to civil liberties. It is suggested that, instead, the test of proportionality should be used. By using the latter, one can evaluate whether a security measure is suitable, necessary, without any less intrusive alternatives, non-excessive, and so on. Applying these criteria allows us to assess whether the human rights risks caused by this measure are proportionate to its security benefits and other factors.

Civil Liberties Risks
Unfortunately, in an article, one cannot look into civil liberties issues in aviation security in depth. Nevertheless, using the results of my previous extensive research, the risks relating to a number of emerging but increasingly used technologies – body scanners, camera surveillance (CCTV) and Passenger Name Record (PNR) systems – can be summarised in the table (Table 1, facing page).

In brief, to different extents, all of the indicated measures interfere with privacy and raise concerns in respect of a number of data protection principles, such as fair and lawful processing, proportionality, purpose limitation, minimality, and data subject influence.