February 25, 2013 by Dave McWhorter

Makers and users of anti-terrorism products and services have more to fear than terrorism itself. After certain technologies have changed hands, the sellers may face future liabilities that can halt further production and/or the continuation of services. To guard against that problem, the U.S. Department of Homeland Security offers a unique “insurance policy.” Here is a piece I wrote for Domestic Preparedness on SAFETY Act liability protection and continuity of operations planning.

Liability Protection: An Often Overlooked Aspect of Business Continuity

Among the numerous specialized topics and activities important to the preparedness, security, and defense of the United States from terrorist acts are: protection of the food supply; response and recovery activities; special event planning; radiological preparedness; medical emergencies; bioterrorism; power-grid modernization; and the detection of chemical warfare agents.

The various technologies and services closely related to these topics and activities – and others involving the physical and cyber protection of the nation’s critical infrastructure and key resources (CI/KR) – have one thing in common: the private-sector providers and consumers of such goods and services are eligible for a unique type of federal protection from third-party liability when an act of terrorism has been committed. From this liability protection comes a major component related to the continuity of operations planning (COOP), which is not only an operational advantage for the providers of the products and services but also for their customers who are the owners and operators of the CI/KR.

Read the full article on Domestic Preparedness.


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