FAA Proposed Data Encryption Question Raises Red Flags, Space Lawyer Says
The FAA is seemingly overstepping its bounds as its launch and re-entry NPRM (see 1904160002) proposes requiring data about use of encryption for satellites in orbit, space lawyer Laura Montgomery blogged Monday. While the agency isn't technically requiring payload operators…
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employ encryption but merely describe how they're using it, the reporting burden seems to be pointless if the FAA doesn't expect to do something with the information, she said. Conversely, if the FAA does plan to do something, that would be regulating "on orbit," which is outside the agency's jurisdiction, she said. It would be "more appropriate" for other agencies to get this information, first by seeking authority from Congress, or there could be a move to amend the FAA's statute so it could ask for the information and potentially even do something with it, she said. The NPRM said that "encryption helps ensure against cyber intrusion, loss of spacecraft control, and potential debris causing events."