Security and the Law in the Wake of September 11, 2001

ABSTRACT Everything has changed since the terrorist attacks against the United States on September 11, 2001. With more than 360 ports and 3,700 terminals handling passengers and cargo, the U.S. government quickly realized that the maritime industry was vulnerable and that the apparent gaping hole in our national security must be fixed. Numerous initiatives, including legislative, regulatory, and ad hoc actions, are being implemented to ensure the maritime industry is ready in case it is the “next target.” Concomitant with these efforts, come changes in existing standards and liabilities, including reduced rights and enhanced enforcement. This paper discusses the maritime-related implications of the emerging security regime in the United States post-September 11 including: (1) new and proposed legislation affecting vessel and facility owners and operators, (2) how increased security inspections may be used to enhance enforcement efforts, and (3) how the terrorist attacks have “raised the bar” with regard t...