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platform, Giovanni Bisignani, Director General and CEO of the International Air Transport Association (IATA) stressed at its Annual General Meeting held in Vancouver from 3 to 5 June 2007 that the industry has changed tremendously in .ve years since 9/11. Bisignani stated that, six years after the tragic events of 2001, air travel was much more secure but there were unlimited ways to attack the aircraft integrity. He added that there was no perfect security system and terrorists change tactics and weapons. Bisignani rightly pointed out that terrorists are studying what measures the industry is adopting; and that all the air industry can do is make the system strong enough to constitute suf.cient deterrent and make aircraft a harder target to hit.
VI. The AVSEC Panel
The Aviation Security Panel of ICAO met at its Twentieth Meeting in Montreal from 30 March to 3 April 2009. One of the key areas of discussion at this meeting concerned new and emerging threats to civil aviation. The Panel worked through the Working Group on New and Emerging Threats and noted that signi.cant progress in efforts to proactively identify vulnerabilities and potential gaps in existing measures had been made, that would strengthen Annex 17 (Aviation Security) to the Convention on International Civil Aviation (Chicago Conven-tion).28
At this meeting, the European Civil Aviation Conference (ECAC) stressed the importance of the challenge posed by cyber threats in light of the current lack of related provisions in Annex 17.
Consequently, the Panel considered the threat of cyber attacks, and some members stressed that this threat is signi.cant. With reference to a proposal to include a Recommended Practice in Annex 17 to ensure that information and communication technology systems used for civil aviation purposes be protected from cyber attacks, the Panel agreed that, given the complexity of this issue, which involves air traf.c management systems, aircraft design and operations, the matter requires further analysis by the Working Group on New and Emerging Threats prior to inclusion in Annex 17 or any guidance material. This analysis will be disseminated over the secure website by the end of June 2009 and, depending on the results of the analysis, the Working Group on Amendment 12 to Annex 17 will develop a proposal for amending the Annex, to be presented to the Panel at its 21st meeting.
The Panel also considered the merits of building unpredictability into the aviation security regime. While concern was expressed regarding the impact of
28Convention on International Civil Aviation signed at Chicago on 7 December 1944. See ICAO Doc 7300/9 Ninth Edition, 2006.
unpredictable security measures on passenger con.dence in aviation security, many Panel members supported implementation of the concept because of its value as a deterrent. It was suggested that States adopt an approach providing for a baseline regime, but with the addition of unpredictable measures, thus achieving a balance between certainty and unpredictability. With regard to an amendment to Annex 17 in this regard, the need for introducing unpredictability into the aviation security regime was considered, and it was agreed that unpredictability should be promoted in principle but not prescribed. The Panel suggested that if an Annex 17 speci.ca-tion related to unpredictability were to be developed, it would be necessary to ensure that the introduction of this concept by States does not diminish the level of security or result in delays for passengers. Further, the Panel noted that appropriate guidance material may be required to address the potential negative impact of introducing the concept of unpredictability, and proposed the development of guidance material related to unpredictability prior to the introduction of an amend-ment to Annex 17.
A Conclusion of the Panel was, inter alia, that the threat of cyber attacks is real and cannot be ignored, and that further analysis by the Working Group on New and Emerging Threats would be appropriate. Another Conclusion was that the ICAO focal point of contact (PoC) Network is an important tool for sharing critical threat information and should be used more effectively, and that the Secretariat should consider the establishment of a web-based community page. Yet another was that the concept of building unpredictability into the aviation security regime is in principle a useful tool, however, concerns expressed regarding the possible impact on the level of security and the impact on passenger con.dence should be resolved before its inclusion as a Recommended Practice in Annex 17.
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Aviation Security Law 航空安全法(18)
