Day: August 3, 2021

On 31 July, Homeland Security Today reported that the threat of explosives reaching the US via air cargo is significant.  The Transportation Security Administration (TSA) therefore requires air carriers to x-ray or screen the cargo by other means before it enters the US – but the Government Accountability Office (GAO) has found weaknesses in TSA’s analysis of imaging technology in a field assessment January 2020-April 2021.  The problem was that TSA officials cannot use live explosives in the field to measure the probability of detection, they rely on image quality testing, using a manufacturer’s test kit to compare system performance in the field with earlier tests performed in a laboratory with live explosives – and GAO considered this unacceptable.  It is also said that GAO considered U.S. Customs and Border Protection’s (CBP) role in securing air cargo. Its Air Cargo Advanced Screening program (ACAS) requires air carriers to submit shipment data on US-bound air cargo prior to departure from last point-of-departure airports.  The report comes as TSA implements new International Civil Aviation Organization security standards for air cargo, which now require countries to screen 100% of cargo before it is loaded on freighter aircraft, as they are currently required to do with belly freight.  The increase in screening has caused backlogs and carriers have reported confusion surrounding the new documentation requirements – but the article says that sometimes the relevant checks are still playing catch-up to passenger screening standards.

https://www.hstoday.us/industry/gao-finds-cargo-screening-gaps-as-tsa-plans-covert-testing-at-foreign-airports/

The report is at –

https://www.gao.gov/assets/gao-21-105192.pdf

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On 3 August, a briefing from Field Fisher says that the EU recently published proposals for an EU Regulation laying down harmonised rules on Artificial Intelligence (AI) – said to be the  first-ever regulatory framework on AI, to address the risks of AI in Europe.  The proposed Regulation would adopt a “risk-based” approach, dividing different uses of AI into four categories: Unacceptable, High Risk, Limited Risk, and Minimal Risk.  The briefing says that the penalties of breaching the Regulation are likely to be significant.  The EU Commission currently estimates that the Regulation could enter into force in the second half of 2022, and become applicable to AI operators in 2024. 

https://www.fieldfisher.com/en/services/competition-and-consumer/competition-connect-blog/the-eu-s-artificial-intelligence-act-setting-a-glo

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On 2 August, the Times of Israel reported that a new spate of lawsuits suggests that despite legislation and prosecutions by foreign governments, alleged investment fraud remains a lucrative business in Israel, with local law enforcement doing little to crack down on suspected online scammers.  It refers to lawsuits filed in Israel by alleged victims from countries including Australia, Azerbaijan, Germany, Holland, Hong Kong, India, Ireland, Italy, Japan, Malaysia, Norway, Singapore, South Africa, Sweden, Switzerland, UK and US — claims against individuals who used to sell binary options investments and pivoted to other financial instruments. 

https://www.timesofisrael.com/foreigners-file-slew-of-lawsuits-against-alleged-israeli-investment-scammers/

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On 2 August, an article from K & L Gates LLP says that, alongside commencement information, recent guidance publications shed light on what transactions will be caught and how the Secretary of State expects to use the new powers.  It says that the updated guidance pages³ answer the various questions referred to in the article.

https://www.jdsupra.com/legalnews/the-uk-national-security-and-investment-4055456/

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