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The SAFET Y Act

By Ray Biagini and Kurt Hamrock

Following the events of 9/11, commercial and governmental interest in anti-terror technologies (“ATT”) skyrocketed. Demand jumped for all types of goods and services that could help to protect valuable assets against terrorist attacks. However, the designers, producers, and users of such technology quickly recognized the potentially devastating liability they might face in the event that such technology failed.

A legislative solution to this problem followed ' the SAFETY Act (the “Act”). The fundamental intent of the Act is to encourage companies to design, develop, and deploy ATT to protect high-value terrorist targets owned by government or commercial entities, here in the U.S. and abroad. The Act achieves this by providing to the Department of Homeland Security (“DHS”) the authority to evaluate a technology's efficacy and utility, as well as the power to eliminate or reduce the threat of catastrophic liability should such companies be sued in tort in the United States following an act of terrorism involving their ATT. Providers and users of ATT run significant risks if they fail to understand and utilize this important risk mitigation tool.

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