The two TSA mandatory directives are a welcome step to ensure that pipeline owners and operators implement the basic safeguards required to repel cyberattacks. Yet certain weaknesses in the current approach need to be acknowledged.
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The other day Rob Leob and Matthew Weybrecht reported on the failure of an effort by the US government to have a case challenging the No-Fly list dismissed. The suit was brought by Saeb Mokad who alleged that he was improperly put on the No-Fly list.
As memories of 9/11 continue to fade, courts are increasingly becoming bolder and more confident in asserting their oversight role over national security matters. Last week’s Sixth Circuit ruling in Mokdad v. Lynch is the most recent example. There the Court of Appeals determined that district courts have jurisdiction to hear a plaintiff’s challenge to suspected inclusion on the No Fly List.